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When you enroll to use the Service you agree to the terms and conditions of this Agreement.. You represent that you are an owner of the enrolled bank account and have the authority to authorize debits and credits to the enrolled bank account. Any joint accountholder or authorized user, acting alone, may effect transactions through the Service.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, fraud or scam, harassing or potentially exposing us, Zelle, or the financial system to risk.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle have absolute discretion to remove content at any time and for any reason without notice. We and Zelle may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Service.
The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle tag. Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor User Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice. We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you. We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Service that is subject to intellectual property rights claims.
By accepting this Agreement, you consent to our disclosure of personal and account information with Zelle and Network Financial Institutions, as provided for in our Privacy Policy at: https://www.firstmarkcu.org/notices-and-disclosures/
We make security and the protection of your information a top priority. You can access our Privacy and Information Security Notice in our Membership Guide at https://www.firstmarkcu.org/notices-and-disclosures/ , in which the section “What Does Firstmark Credit Union Do With Your Information?” is incorporated into and made a part of this Agreement by this reference.
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See Zelle’s Privacy Policy https://www.zellepay.com/privacy-policy for how it treats your data.
By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions and other Zelle users, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We or Zelle may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.
In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions, and other Zelle users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).
Neither we nor Zelle have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.
Neither we nor Zelle shall have liability to you for any transfers of money you authorize, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER PURCHASE PROTECTION
You are solely responsible for all transfers you authorize using the Zelle® services under this Agreement. If you permit other persons to use your account or access code, you are responsible for any transactions they authorize or conduct on any of your accounts. You are responsible for safeguarding your financial and personal data, passwords and other information to prevent unauthorized access to or use of your accounts or services. The access code issued to or selected by you is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your account services immediately.
Zelle transactions are subject to the following limitations with respect to money you send to another User:
$1500 maximum per transaction
$1500 maximum for all transactions in one day
$2500 maximum for all transactions in one week
$5000 maximum for all transactions in any rolling 30-day period
You may not initiate more than 10 transactions per day or 20 transactions per week.
You may not send money in excess of your daily, monthly, and transaction Send Limits, and if you attempt to initiate a transfer in excess of your Send Limits, we may reject your transfer. We reserve the right to change these Send Limits, including restricting access to the Service, at any time without prior notice to you. We may refuse to honor any transaction for which you do not have sufficient available verified funds.
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our discretion, that we will not send a reminder or repeat request to that User.
By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
In case of errors or questions about Electronic Funds Transfers (EFTs), telephone us at 1 (210) 442-0100 or 1 (800) 683-1211 or send us a written notice. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears in your notice:
Tell us your name and account number.
Describe 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. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question (ninety (90) days for POS (point of sale) transaction errors, new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will recredit the account within ten (10) business days (five (5) business days for VISA/MasterCard Debit Card transactions) 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 complaint or question in writing and we do not receive it within ten (10) business days, we may not recredit the account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members’ rights to privacy) used in our conclusion that the error did not occur.
YOU ARE RESPONSIBLE FOR ALL TRANSACTIONS YOU AUTHORIZE USING THE SERVICE. IF YOU PERMIT OTHERS TO USE THE SERVICE, OR YOU SHARE YOUR ONLINE & MOBILE BANKING CREDENTIALS OR ACCESS DEVICES, YOU ARE RESPONSIBLE FOR ANY TRANSACTION(S) THEY AUTHORIZE OR CONDUCT ON ANY OF YOUR ACCOUNTS USING THE SERVICE UNDER THIS AGREEMENT.
TELL US AT ONCE if you believe someone has accessed your accounts or the Service without authority, or if you believe that a transfer has been made without your permission to use the Service.
Call us immediately at: 1 (210) 442-0100 or 1 (800) 683-1211 or write to:
Firstmark Credit Union
PO Box 701650
San Antonio, TX 78270
If you tell us within two (2) business days, you can lose no more than $50 if someone accessed the account with us without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of the account or EFT service, and we can prove that we could have stopped someone from accessing the account without your permission if you had told us, you could lose as much as $500. In no event will you be liable for more than $50 for unauthorized withdrawals from a line of credit account.
If a money transfer using the Service is not completed from your enrolled account in the correct amount per your instruction, we may be liable for your losses up to the amount of the transfer. However, we assume no liability under the following circumstances:
You agree that you, not we or Zelle, are responsible for resolving any payment or other disputes that you have with any other User with whom you send money to, or receive OR REQUEST money from, using the Service.
We do not charge a fee for using the Service at this time. You understand and agree that we reserve the right to charge a fee for the Service. If we choose to do so, we will provide you with notice in the manner required by law before we institute or change any fees for your use of the Service.
You agree to access this website and/or mobile app in compliance with our Digital Banking Terms and Conditions, which are available at https://www.firstmarkcu.org/notices-and-disclosures and incorporated into and made part of this Agreement by this reference.
You may cancel the Service at any time by notifying us. We may cancel the Service at any time by providing you with notice as required by law.
You agree that at any time, Zelle and we reserve the right to terminate or suspend this Agreement in its entirety, or to terminate, suspend, or limit your access to or use of the Service, in whole or in part, at any time and without prior notice. This includes, but is not limited to, instances where we determine, in our sole and absolute discretion, that your use of the Service is illegal, improper, potentially damaging to the brand, potentially exposing us, Zelle, or the financial system to risk, in violation of any terms of this Agreement or any your Membership and Account Agreement, or termination or your access to the Service is necessary to protect us from potential losses. Additionally, we will terminate your access to the Service if you no longer qualify for membership, no longer have access to Online & Mobile Banking, or if you no longer have an account with us.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. You understand and agree that if your Firstmark account is not in good standing, that account will not be eligible for the Service. We may determine other eligibility criteria in our sole and absolute discretion. We reserve the right to terminate or suspend our participation in the Service or with a particular Network Financial Institution at any time.
In the event your access to the Service is terminated or suspended for any reason and then later reactivated or reinstated, you agree that this Agreement, as in effect at the time of reactivation or reinstatement, will continue to apply to your access to and use of the Service.
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
This Zelle® Agreement is governed by and interpreted in accordance with the laws of the state of Texas, without regard to its conflict of laws principles. In addition, applicable federal laws and regulations will govern where they apply. You agree that any legal action or proceeding arising out of or relating to this Zelle® Agreement, your use of the Zelle® service, or any related transaction shall be brought exclusively in the state or federal courts located in that jurisdiction, unless otherwise required by law. If any provision of this Zelle® Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain valid, enforceable, and in full force and effect. Disputes regarding the Service, including any claims or disputes against Zelle or Early Warning Services LLC, are subject the arbitration as provided in Section 40 of the Membership and Account Agreement.
Subject to the terms of this Agreement the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
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