Welcome to e-branch (our Internet home banking program). The first step is to agree to the terms and conditions stated in the Electronic Service Funds Disclosure that follows below. This disclosure will appear the first time you sign on to e-branch at every computer you use: at home, work, friend's, or other locations. Once you have read this and decide that you agree with its terms, click on the "I agree" button at the bottom of the disclosure. If you do not agree with its terms, click on the "I do not agree" button and you will be taken back to our homepage. In addition, you may review this Disclosure at any time by clicking the About e-branch or Home Banking button.
The next step is to log on to e-branch. You'll need your account number and an access code. Your access code is created by a Financial Service Representative. This four (4) digit access code is used for e-branch and 24-Hour Member Accessline. Contact a Financial Service Representative by calling 808-245-6791, or visit any one of our branch offices. We recommend that you change the code you were given.
Kauai Community Federal Credit Union
e-branch Electronic Fund Transfer Agreement and Disclosure
Introduction
This Agreement and Disclosure ("Disclosure") sets forth the terms and conditions for Electronic Fund Transfer Services conducted via e-branch, Kauai Community Federal Credit Union's ("Credit Union") Internet banking service. It defines your rights and responsibilities and those of the Credit Union with respect to our Internet banking service. Please read it carefully.
DEFINITIONS: In this Disclosure, the words "you", "your" and "yours" refers to the member and each and all of those who apply for and/or use e-branch. The words "we", "us", "our" and "Credit Union" refer to KAUAI COMMUNITY FEDERAL CREDIT UNION.
YOUR OTHER AGREEMENTS WITH US. You understand that the agreements and rules and regulations applicable to your Share/Savings Account, Share Draft/Checking Account and any other account you have with the Credit Union remain in effect and continue to be applicable except as specifically modified by this Disclosure.
APPLICATION OF THIS AGREEMENT AND DISCLOSURE: This Disclosure applies to any Electronic Fund Transfers made to or from your accounts via e-branch.
BUSINESS DAYS: Our business days and hours for the Lihue Office are: Monday and Tuesday, 7:30 a.m. - 3:30 p.m., Wednesday - Friday, 9:00 a.m. to 5:00 p.m., excluding Federal Holidays, Hawaii Standard Time.
DESCRIPTION OF E-BRANCH
SERVICE: e-branch allows you to use a computer equipped with a modem, communications software and an Internet Service Provider along with your Access Code to access your account(s) 24 hours a day, 7 days a week, with minor interruptions for end of day data processing. The system may be down for maintenance or in emergency situations. If this happens, please be patient and try again later.
TRANSACTIONS AVAILABLE: You may use Home Banking to perform:
Savings balance inquiry
Checking balance inquiry
Christmas Club balance inquiry
Certificate inquiry
Check withdrawal from Savings
Line-of-credit advance
Loan inquiry
Transfer from Savings to Savings
Transfer from Savings to Checking
Transfer from Savings to Christmas Club
Transfer from Checking to Savings
Transfer from Checking to Christmas Club
Transfer from Savings to Loan
Transfer from Checking to Loan
Transfer from Line-of-credit to Savings
Transfer from Line-of-credit to Checking
Savings history
Checking history
Loan history
Certificate history
See if a specific check has cleared
Stop payments (we may request written authorization within 14 days of request)
Copy of checks cleared
Check orders
Other transactions may become available from time to time.
TRANSACTION LIMITATIONS: Pursuant to Federal Regulation D, during any calendar month, you may not make more than six withdrawals or transfers from a regular share account to another credit union account of yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction. No more than three of the six transfers may be by check, draft, debit card or similar order to a third party. A transfer via e-branch or 24-Hour Member Accessline is considered a telephonic order. Any excess withdrawals will be returned unpaid and assessed the non-sufficient funds item fee shown on the Rate and Fee Schedule.
In addition, the total dollar amount of each transaction via e-branch is limited to the available funds in the account from which you are attempting the transfer or transaction and sufficient verified funds must be available to satisfy your transaction instructions.
You may make an unlimited number of balance inquiries on your designated account(s) each day.
ONLINE E-MAIL COMMUNICATIONS: To the extent permitted by law, you agree that we may, in our discretion, send you communications in electronic form and you agree to receive such communications and that you will print a paper copy of all communications you receive from us in electronic form and retain it for your records. This would include, without limitation, legally required disclosures about your account(s) with us, agreements concerning e-branch and periodic statements concerning your account(s) with us and your electronic transfers. Any electronic message sent to you by us shall be considered as if it sent by U.S. Mail, pre-paid postage, and shall be considered received by you within three (3) days of the date sent by us, even if you have not signed on to the e-branch service within that time frame. If you want to revoke your agreement to receive communications from us in electronic form, you must mail us your revocation in writing to the following address and give us reasonable opportunity to act upon it. Kauai Community Federal Credit Union, 4434 Hardy St., Lihue, HI 96766.
You can also communicate with us via electronic mail ("e-mail") by clicking the "Contact Us" button. However, you may only e-mail us with general questions and not account information questions. We will not respond to account information related questions sent to us via e-mail. Also, you should not send any confidential account information to us via e-mail. We will only respond to general questions sent to us electronically if sent via the "Contact Us" icon on our website. Since Internet e-mail (e-mail sent outside of our website) may not be secure, you should not send us e-mail via Internet e-mail and we will not respond to Internet e-mail we receive. We will only respond to e-mails from the e-mail address we have on file for you. If you change your e-mail address, you must notify us in writing or by e-mail before your address changes.
You cannot perform transactions on your account via e-mail. You cannot request a stop payment order or report an unauthorized transaction via e-mail. Since these types of requests require expeditious handling, you must report unauthorized transactions, errors and the like by calling us at (808) 245-6791 or writing us at 4434 Hardy St., Lihue, HI 96766. (see the "Error Resolution" and "Disclosure of Liability" portions of this Disclosure that follow). You agree that we may take a reasonable time to act on any e-mail we actually receive from you. Any information you receive from us in response to your e-mail questions is provided on a best-efforts basis and is believed to be reliable but cannot be guaranteed. We are not responsible for any deficiencies in the accuracy, completeness, availability or timeliness of such information or any investment or other decision you make using this information.
STOP PAYMENT REQUESTS: To request a stop payment on a check you have written from your account, you may click on the "Stop Payment" button on e-branch or you may call us at (808) 245-6791. You cannot place a stop payment order on, or amend, or cancel a transfer/payment order initiated through Kauai Community FCU once the funds have been debited from your account.
INFORMATION CONCERNING YOUR ACCESS CODE
CONFIDENTIALITY OF ACCESS CODE: You agree to hold your Access Code in strict confidence, and you will notify the CREDIT UNION immediately if the Access Code is lost or stolen. If you disclose your Access Code to anyone, you understand that you have given them access to your account(s) via e-branch and that you are responsible for any such transaction. You further understand that your Access Code is not transferable.
You agree to use your Access Code in a proper and authorized manner and only for those purposes designated and applicable, and/or only as authorized.
AGREEMENT TO BE BOUND: Requesting, retaining, using or permitting another person to use your Access Code constitutes an acceptance by you of all the terms and conditions set forth in this Disclosure and binds you to all the rules and regulations governing the making of an Electronic Fund Transfer through e-branch.
DOCUMENTATION
YOUR OBLIGATION TO REVIEW RECORDS: We do not provide you with a separate written confirmation for individual transfers conducted through e-branch. Confirmation is available through your online account information and through your periodic statements.
PERIODIC STATEMENT: You will receive a periodic statement at least quarterly, and will receive a monthly statement for any account, which has e-branch activity during the month.
ILLEGAL, FRAUDULENT OR IMPROPER ACTIVITY: You agree not to use the e-branch service or the Credit Union's web site for any illegal, fraudulent or improper activity including, but not limited to, gambling or linking of the Credit Union's website to any other website. If we, or any service provider, suspect that you may be engaged in or have engaged in a fraudulent, illegal or improper activity, your access to the Credit Union's website and e-branch may be suspended or terminated, without advance notice. You agree to cooperate fully with us to investigate any suspected illegal, fraudulent or improper activity.
INFORMATION DISCLOSED TO THIRD PARTIES:
The Credit Union will disclose information to third parties about your account(s) or the transaction you engage in:
Where it is necessary for completing transactions, or
In order to verify the existence and conditions of your account(s) for a third party such as a credit bureau or merchant, or
In order to comply with a governmental agency or court order, subpoena or other legal process, or
If you give us your written permission.
IN CASE OF ERRORS OR QUESTIONS ABOUT ELECTRONIC FUND TRANSFERS:
Telephone us at (808) 245-6791 or write us at 4434 Hardy St., Lihue, HI 96766 as soon as you can if you think your statement is wrong or you need more information about a transaction listed on the statement. You must tell us no later than sixty (60) days after the FIRST statement is sent to you on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or
- Tell us the name and account number.
- Describe the error or transaction 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.
question in writing within ten (10) business days.We will tell you the results of our investigation within ten (10) business days after we hear from you (or within twenty (20) business days, in the case of a claim made within 30 calendar days after an account is opened "new account") and will correct any error promptly. If we need more time, however, we may take forty-five (45) days to investigate your complaint or question (or ninety (90) days in the case of a point of sale transaction, claim made within 30 calendar days after an account is opened or a transaction initiated outside of the United States). If we decide to do this, we will recredit your account within ten (10) business days (twenty (20) business days for new accounts) 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 we ask you to put your complaint or question in writing and we do NOT receive your complaint or question within ten (10) business days, we may not recredit your account.
If we decide there was no 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.
DISCLOSURE OF YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS:
Tell us AT ONCE if you believe your Access Code has been discovered by an unauthorized person, or if you believe that someone may have used your Access Code without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your designated account(s), plus funds in your other account(s) and your maximum overdraft line-of-credit, if applicable. Call (808) 245-6791 or write 4434 Hardy St., Lihue, HI 96766, Attn: Financial Services Department. If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your Access Code without your permission.
If you do NOT tell us within two (2) business days that your Access Code has been compromised and we can prove that we could have stopped someone from using your Access Code without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 authorize someone else to use your Access Code, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction(s) exceeds what you authorize.
CREDIT UNION LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS:
If we do not properly complete a transfer to or from your account(s) on time or in the correct amount according to our agreement, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance:'
- If through no fault of ours, your account(s) does not contain enough money (or sufficient collected funds) to complete the transaction.
- If your account is frozen because of a court order or a similar reason.
- If the authorized electronic fund transfer system was not working properly and you knew about the breakdown when you started the transfer.
- If your Access Code has been reported lost or stolen and we have blocked the account(s).
- If the circumstances beyond our control prevent the transaction, despite reasonable precautions we have taken.
- If the failure to complete the transfer is done to protect the integrity of the system and/or protect the security of your account(s).
- If we receive incorrect or incomplete information from a government agency, an automatic clearing house, or any other parties or entity.
- You are in default on an account you are attempting a transfer.
- You fail to properly follow e-branch applicable software instructions on how to make a transfer.
- There is a malfunction in your personal computer, browser and/or software.
- The transfer could not be completed due to system unavailability or a telecommunication or Service Provider failure.
- If the Credit Union has established additional exceptions (with appropriate notice to you).
CHARGES FOR ELECTRONIC FUND TRANSACTION SERVICES: There are currently no charges for the use of e-branch. You understand that there are fees and charges for special services that you may request, that may be charged to you in accordance with our current Rate and Fees Schedule.
TERMINATION AND AMENDMENT: Except where advance notice is required by law, the Credit Union may terminate your rights to make electronic fund transfers via e-branch at any time or amend the terms of this Disclosure, or cancel this Disclosure or the e-branch service at any time. Amendments to this Disclosure will be effective when indicated and will be posted in our offices and/or mailed to you. You may, by written notice to us and by actually discontinuing use of e-branch, terminate your e-branch service. We may suspend or terminate your e-branch service if there are insufficient funds in any one of your accounts or if any of your accounts are not in good standing. Termination of e-branch does not terminate your account(s) or agreements with us and will not affect your authorization for transfers and payments made prior to termination.
GENERAL
DISCLOSURE CONTROLS: Both you and the Credit Union will be bound by this Disclosure. If there is a conflict between this Disclosure and something said by one of our employees, you agree that this Disclosure controls. You should refer to the paper version of the Credit Union's Electronic Services Disclosure and Agreement, which you have received, for disclosures applicable to all of the Credit Union's electronic fund transfer Services.
APPLICABLE LAW: Except as governed by Federal law, this Disclosure shall be construed and governed in accordance with the laws of the State of Hawaii.
PRIOR AGREEMENTS: All agreements applicable to your various accounts, certificates or loan relationships with the Credit Union shall be applicable to all transactions initiated by your Access Code, except that if any such account is an account requiring two or more signatures, all signature requirements are hereby waived by you and any other parties may withdraw funds in connection with a transaction initiated by the use of your Access Code and each party agrees to be bound by the transaction.
COLLECTION COSTS: The Credit Union may collect amounts owed to us by you under this Disclosure and you agree to pay the Credit Union any reasonable expenses, including court costs and attorney fees, for enforcing our rights under this Disclosure.
AVAILABLE TO U.S. RESIDENTS ONLY: Our financial services through our website are offered only to residents of the United States and its territories.
CHANGES TO E-BRANCH: We may limit services or transactions available on e-branch, from time to time, in our discretion and without prior notice unless required by law to give you notice. We may make any changes or modifications to e-branch including expanding services or transactions available, from time to time and if you maintain your e-branch service after the effective date of the change, you confirm your agreement to the change and the expansion of services or transactions. We may, without notice, under certain circumstances, modify or discontinue your access to e-branch.
OUR LIABILITY FOR E-BRANCH SERVICES: Except as specifically provided in this Disclosure or where the law requires a different standard, you agree that neither we nor any Internet or commercial online access or browser provider (such as America Online, CompuServe, Netscape or Microsoft, collectively called "Service Providers") shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, the Credit Union, OR by Service Provider OR by an agent or subcontractor of any of the foregoing. Nor shall we or the Service Providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the e-branch services, or Internet browser or access software. Neither we nor the Service Providers are responsible for any computer viruses. Further, we will only be responsible for acting on instructions sent through e-branch, which are actually received by us. Except as otherwise stated in this Agreement or as required by law, our entire liability and the liability of any Service Provider and your exclusive remedy with respect to e-branch services is the replacement of any browser or software, if any, provided by us to you. In those states that do not allow for the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the extent permitted by law.
NO WARRANTIES: NEITHER WE NOR ANY SERVICE PROVIDER MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE E-BRANCH SERVICE, SOFTWARE OR BROWSER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
INDEMNIFICATION: To the extent permitted by law, you agree to indemnify, defend and hold us and our directors, officers, employees and agents harmless from and against any damage, loss or liability of any kind which we may incur including, without limitation, our reasonable attorneys' fees and court costs that result directly or indirectly, in whole or in part, from your access of the services and performance of transactions via e-branch.
NOTICES: Any notice we send you will be effective when mailed to your last known street address as shown on the Credit Union's records or if you have agreed to receive communications electronically, your last known e-mail address as shown on the Credit Union's records.
COPY RECEIVED: You acknowledge receipt of a copy of this Disclosure.
NOTICE: IF YOU DO NOT AGREE TO THE TERMS OF THIS DISCLOSURE, DO NOT USE THE E-BRANCH SERVICE.
If you click "I agree" below you will be giving your agreement to receive communications from us electronically, at our discretion, as described in the "ONLINE E-MAIL COMMUNICATIONS" Section of this Disclosure.
Do you agree with this disclosure? Note: It is imperative that you have cookies enabled on your browser for e-branch to work. Otherwise, no matter which button you select, you will be taken to our home page.
