Scan/Mobile Deposits Terms & Conditions

This Mobile Check Deposit User Agreement (Agreement) contains the terms and conditions for the use of Tucson Old Pueblo Credit Union’s (TOPCU’s) Mobile Deposit Service, Scan Deposit Service and/or other remote deposit capture services that Tucson Old Pueblo Credit Union (“TOPCU,” “we” or “us”) may provide to you. Other agreements you have entered into with TOPCU as applicable to your TOPCU account(s), are incorporated by reference and made a part of this Agreement.

Service Definitions

“Business Day” is every Monday through Friday, excluding Federal Holidays.

“Service” refers to TOPCU’s Mobile Deposit Service and Scan Deposit Service, collectively.

Use of Service

The Service allows you to deposit checks into eligible TOPCU accounts from a remote location by scanning the items with a compatible mobile device, which then delivers the images and associated deposit information to TOPCU electronically. In order to use this Service, you must obtain and maintain, at your expense, compatible hardware and software. We are not responsible for the functionality or maintenance of any third-party hardware or software you may need to use the Service.

Agreement Acceptance

This Agreement applies to checking and savings accounts only. The use of the Service means you agree to all terms and conditions in this Agreement. This Agreement is subject to change from time to time. TOPCU reserves the right, in its sole discretion, to change, modify, add or remove portions from this Service. Your continued use of this Service will indicate your acceptance of any such changes to this Service. Please read this Agreement carefully and keep a copy for your records.

Eligibility and Qualification Requirements

To qualify for this Service, you must meet certain eligibility criteria as dictated by us, including having all accounts in good standing.

You may be denied access to this Service for violations of this Agreement or other serious account issues, which are determined at TOPCU’s sole discretion. These serious account issues include, but are not limited to, potential fraud or security concerns, unknown address, and identity or membership verification.

Eligible Accounts

All consumer checking and savings accounts currently offered by TOPCU are eligible for this Service except:

IRA
Certificates of Deposit
UTMA Accounts
Mission Checking

TOPCU reserves the right, in its sole discretion, to change, modify, add or remove checking and savings accounts eligible for this Service.

Limitations of Service

When using this Service, you may experience technical or other difficulties. We do not assume liability for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or revoke services immediately and at any time without prior notice to you. In the event this Service is not available to you for any reason, you acknowledge that you can deposit your check at a branch office location, through a participating ATM or by mail.

Charges or Fees

TOPCU does not charge a usage fee for personal use of this Service. We reserve the right to start charging for this Service at any time. Charges from your wireless provider may apply.
You also agree that we may contact you via your wireless device for any purposes concerning your accounts at TOPCU, including but not limited to account servicing and collection.

Returned Checks

If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the returned check to the account into which the check was originally deposited, and you will be assessed a fee in the amount shown on TOPCU’s current Fee Schedule for a returned check. If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment in accordance with the terms and conditions of your account agreement with TOPCU. You agree that TOPCU may debit any account maintained by you in order to obtain payment of your obligations under this Agreement.

Eligible Items

You agree to deposit only “checks,” which are defined as negotiable demand drafts drawn on or payable through or at an office of a bank. When the image of the check transmitted to
TOPCU is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

Ineligible Items

You agree that you will not use this Service to deposit any ineligible items, including, but not limited to, the following:

Checks payable to any person or entity other than you;
Post-dated checks;
Checks or items that are incomplete;
Checks or items containing an obvious alteration to any of the fields on the front of the check;
Checks which you know or suspect, or should know or suspect to be fraudulent;
Checks written or issued from any TOPCU account on which you are a primary or joint owner;
TOPCU credit card convenience checks;
TOPCU convenience checks;
Checks or items not payable in United States currency;
Checks or items drawn on financial institutions located outside the United States;
Checks or items previously converted to a substitute check (image replacement);
IRA or Share Certificate deposits;
Money orders and travelers checks;
Starter or counter checks;
American Express^® Gift Cheques;
Savings bonds;
Checks that require phone calls for authorization codes;
State-issued registered warrants;
Insurance checks made payable to the member and TOPCU; or
Checks from a closed account at another financial institution.

TOPCU reserves the right, in its sole discretion, to determine what items may be considered “Ineligible Items.”

Image Quality

The image of the item transmitted to us must be clearly legible. The image being transmitted must comply with all standards for image quality established by ANSI, the Board of Governors of the Federal Reserve Board, or any other clearing house, association or regulatory agency.

Endorsement Requirements

You agree to endorse all items with your signature and print “For Mobile Deposit Only at TOPCU” on all items. TOPCU reserves the right to reject all items that are not endorsed as required.

Deposit Limits

When using the Service to deposit funds, the number of deposits you can make is the aggregate daily amount not to exceed $1,500 per Business Day for consumer and business dba accounts, and $5,000 per Business Day for commercial accounts. You must submit a deposit by 4:00pm CT Monday-Friday and receive a deposit approval message from within the app that same day for an item to be considered received that day. Deposits made on weekends or Federal Holidays are considered received on the next Business Day. TOPCU reserves the right to modify the limits on the amount and/or number of deposits you transmit using this Service.

Receipt of Items

We reserve the right to reject any item transmitted through this Service, at our discretion. We are not liable for items we do not receive or for images that are not transmitted completely. You will see a Mobile Deposit Success or Mobile Deposit Fail Notification within the TOPCU App. However, such notification does not mean that the transmission was error-free, complete or will be considered a deposit and credited to your account. TOPCU will send you an Extended Hold Notification once we have reviewed and approved the transmitted item. If TOPCU declines the deposit, you will receive a Deposit Declined Notification.

Funds Availability

You agree that items transmitted using this Service are not subject to either the funds availability requirements of Federal Reserve Board Regulation CC or TOPCU’s funds availability schedule contained in the Important Disclosures booklet. Below is our general funds availability schedule for this Service:

If you submit your deposit within the below timeframes:	Up to $225 is available:	Remaining funds of deposits up to $5,525 are available:	Remaining funds of deposits over $5,525 are available:
Monday-Friday, prior to 4:00pm CT	After the deposit is approved	Second Business Day after day of approval	Seventh Business Day after day of approval
Monday-Friday, after 4:00pm CT Saturday-Sunday	After the deposit is approved	Third Business Day after day of approval	Eighth Business Day after day of approval
Federal Holiday	After the deposit is approved	Third Business Day after day of approval	Eighth Business Day after day of approval

You will only receive one (1) $225 credit per Business Day, even if you deposit more than one check using the Service. Deposits made on weekends or Federal Holidays are considered received on the next Business Day, but as a member service you will receive the $225 credit upon approval of the earliest deposit. For example, if you make one deposit on Saturday, one on Sunday, and another on Monday, you would still only receive one (1) $225 credit on Saturday, as all three deposits would be considered received on Monday.

Any credit given for items deposited using this Service is provisional and subject to verification and final approval of the item. TOPCU, at its sole discretion, may place an additional hold on any item for a reasonable period until the settlement of the item is deemed to be complete. We will notify you if we delay your ability to withdraw funds for any reason and we will tell you when funds will be available. Funds will generally be available no later than seven (7) Business Days after the day of deposit. You agree to receive all notifications regarding your use of this Service, including, but not limited to notices required by law or regulation, electronically. With respect to each item you transmit to, TOPCU for deposit, you agree to indemnify and reimburse TOPCU for and hold TOPCU harmless from and against any and all losses, costs and expenses.

Retention and Disposal of Items

You agree to retain each item for two weeks after your deposit is considered to be received. Upon receipt of the funds, you agree to mark the item(s) prominently as “VOID” and to dispose of the item(s) in a way that prevents the representation of the item(s) for payment. You agree to store each retained item securely until such proper disposal is performed. You will promptly provide any retained item to TOPCU as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any item.

Errors or Discrepancies

Notify TOPCU as soon as possible at (520) 881-6262 if you believe your statement is incorrect or if you need more information about a transaction listed on the statement. You must notify us no later than sixty days after we sent the FIRST statement on which the problem appeared. If you do not notify us within sixty days from the date your statement was sent, such statement regarding all deposits made through this Service shall be deemed correct, and you will be prohibited from bringing a claim against TOPCU for such alleged error.

Security Requirements

To prevent unauthorized use of the Service, you agree to ensure the security of the personal computer and/or mobile device you own and use to access the Service. This includes, but is not limited to, installing operating system patches, antivirus software, a firewall and spyware detection as applicable and keeping this security software current, as well as securing the physical device from theft or unauthorized use. Additionally, TOPCU may request additional information from you about the security of your devices.

Authorized Users

If you have designated an Authorized User on your Online banking, your Authorized User will also have online access to the Scan Deposit Service. You and your Authorized User(s) are equally responsible for adhering to all items disclosed in this Agreement. Authorized Users will not have the ability to use the Mobile Deposit Service.

Disclaimer of Warranties

TOPCU’s representations, warranties, obligations, and liabilities, and your rights and remedies, set forth in this Agreement, are exclusive. The software is provided by TOPCU and its licensors “as is” and on an “as available” basis. We disclaim all warranties of any kind as to the use of the Service, whether expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error free, (iii) the results that may be obtained from the Service will be accurate or reliable, and (iv) any errors in the Service or technology will be corrected.

Limitation of Liability

TOPCU’s liability for errors or omissions with respect to the data transmitted or printed by TOPCU will be limited to correcting the errors or omissions. In no event shall TOPCU be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the use of the Service.

User Warranties and Indemnification

By using this Service, you warrant to TOPCU that:

You will only transmit eligible items that are properly endorsed.
You will only transmit images that meet the image quality standards.
You will not transmit duplicate items.
You will not re-deposit or re-present the original item once it has been scanned and sent through this Service, unless specifically requested to do so by TOPCU.
All information you provide to TOPCU is accurate and true.
TOPCU will not sustain a loss because you have deposited an item.
You will comply with this Agreement and all applicable rules, laws and regulations.
Items you transmit do not contain viruses.

You agree to indemnify and hold harmless TOPCU from any loss for breach of this warranty provision. Any breach of the above warranties may result in cancellation of this Service for your specific profile in the TOPCU mobile application and/or closure of your accounts.

Termination

TOPCU reserves the right to terminate this Agreement without notice at any time and for any reason.

Governing Law

This Agreement supplements the terms of your Membership Agreement and related account Disclosures. Together, they constitute the entire agreement between you and TOPCU with respect to the Service. You may not assign this Agreement. This Agreement is governed by federal law and the laws of the State of Arizona, as amended. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. Unauthorized use of this Service is strictly prohibited.

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