Terms & Conditions

NEW CUMBERLAND FEDERAL CREDIT UNION (“NCFCU”) Terms and Conditions of information and services available by and through our Internet site or Online Banking, regarding NCFCU We are pleased to provide the NCFCU, Internet site in the domain www.ncfcuonline.org (“Site”), and NCFCU Online Banking Internet site in the domain www.homebanking.ncfcuonline.org (“Online Banking”). All are provided subject to the following terms and conditions. (Please read them carefully, as any use of the Site or Online Banking constitutes your agreement to all of them, including but not limited to our Online and General Privacy Statements. If you do not agree, please exit the Site at this time. Site Usage License Grant and Use Restrictions: Your Indemnification Our Site is intended to provide members of NCFCU (“you”) easy access to information about NCFCU, (“NCFCU,” “we” or “us”). We grant you a nonexclusive, revocable license to copy or print an unaltered permanent copy of information on the Site for your personal use, non-commercial purposes only. You may not otherwise copy, modify, publicly distribute or display, perform, publish, license, create derivative works from, transfer or sell anything obtained from this Site. Your rights to use materials on this Web Site are limited by law. All information on this Site is protected by copyright laws of the United States and other countries. You agree that you will not alter any Site information and will not use (or allow others to use) the Site or any information obtained from it for any wrongful, unauthorized or unlawful purpose and agree to indemnify and hold us and our affiliates harmless from and against any loss, damage or expense (including attorneys fees) incurred by them because of any such use. Online Banking Usage of Online Banking constitutes your understanding of, and agreement with applicable requirements, including but not limited to requirements set forth herein. Upon first time usage of Online Banking, and periodically when logging in to Online Banking, you will be presented with NCFCU’s Electronic Communications Disclosure and Consent (“EDC”). Online Banking is only accessible and available to members who agree and consent to the EDC. By accepting the EDC you are indicating your consent to receive via electronic means any required communication from us, including but not limited to disclosures and eStatements. NCFCU user may access account statements by logging in to Online Banking. An Online Banking user may opt-in or opt-out of eStatements at the time of Online Banking usage by sending a mail message through Online Banking.

GENERAL TERMS APPLICABLE TO ALL USERS

Privacy We understand that you are concerned about privacy. For information about how we treat information that you provide us through the Site, please see our Online and General Privacy Statements which is incorporated into these Terms and Conditions. Information Accuracy – NO WARRANTIES All information is either generated by us or is obtained from sources believed by us to be accurate and reliable as of the date posted on the Site. However, because of the possibility of human and mechanical error, delayed updates, as well as other factors such as the difficulty of securing a web site from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither we nor any of our affiliates provides any representations or warranties regarding the Site or any information in it. The Site and all information is provided “AS IS” and with all faults, and we make no representations and disclaim all implied warranties of every kind, including warranties or any duties (if any) as to accuracy, timeliness, completeness, suitability, availability, merchantability and fitness for any particular purposes, or lack of negligence or viruses. We do not provide any warranty against infringement or of quiet enjoyment, and make no express warranties. Links to Other Sites The Site contains links to other sites. Some of the links from our Site will take you off the NCFCUonline.org site to a third party or co-branded site where you may see the NCFCU logo as well as the logo of another service provider. Any information you provide to these third party and co-branded sites is collected by the service provider. Each of these third party and co-branded sites has separate privacy statements. Please be aware that NCFCU cannot be responsible for the privacy practices or content of other sites. NCFCU does not regularly review materials posted on these linked sites. Any decision of Site users to view any of the linked web sites is at their own risk. We also have links from NCFCUonline.org to fully branded service provider sites. As you view information on a fully branded site you will see a change in the URL but the pages appear as NCFCU’s and the service provider is not identified. All information collected on fully branded sites is used by NCFCU only and is not shared or used for any purpose other than processing your application or an insolvency proceeding. Computer Virus Information It is possible to contract a computer virus or other malicious code by using the Internet or materials downloaded from it. We cannot assure you that the Site and any software or other information downloaded from it will be virus or problem free and disclaims any liability (if any) for viruses and similar problems. We attempt to keep our site virus free, but cannot assure you that our efforts will always be successful. No Incidental or Consequential Damages To the full extent allowed by applicable law, you agree that neither we nor any of our affiliates will be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, that arise out of or are related to the Site, or any use of it or information in it, even if we have been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort products liability. Limitation on Damages and Exclusive Remedy You agree that your recovery for any allowable damages will be limited to those that you incur in actual reliance and shall be limited, at our election, to: (1) a refund of any amount (if any) you paid for information from the Site or for any use that caused a problem or (2) correction or replacement of the information. Any failure or unreasonability of any remedy does not affect the enforceability of the limitations on and exclusions of consequential, incidental and other damages, and you expressly agree that those limitations and exclusions are independent of the performance of any or all agreed remedies. All limitations will apply to all legal and equitable theories, including but not limited to contract, tort and products liability. Changes and Availability We reserve the right to change these Terms and Conditions from time to time, however, so you agree to check the Terms and Conditions periodically to make sure you remain comfortable with it. Each time you visit our Site, you agree to check for changes to Terms and Conditions. No changes proposed by you or us will be effective unless and until they appear in these Terms and Conditions. If you do not want to be bound by any changes, you must not use the Site after their effective date. We also reserve the right to terminate the Site or your license, make access unavailable, and change the Site content, with or without reason or notice at any time. Accordingly, if you would like a copy of something that you are authorized to copy, you should copy it when you see it. This agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. The Site can be accessed from the 50 states and from countries around the world. You consent to the laws and statutes of the Commonwealth of Pennsylvania, jurisdiction and venue of the courts in York County, PA, in all disputes arising out of or relating to the Site, any use of it or any information in it. Accessing materials on the Site from territories where these contents are illegal is prohibited and those who access the Site do so on their own initiative and are responsible for compliance with local laws. You agree that a printed or electronic version of these terms and conditions (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records. If you ever believe we have not adhered to this contract or are liable for any reason, please contact us immediately.

Remote Xpress Deposit Disclosure

Terms and Conditions Agreement

Your usage of NCFCU Remote Xpress Deposit Service constitutes your agreement with the Terms and Conditions of this Agreement. You acknowledge that you have read the agreement and will retain a copy for your records.

In this Agreement, the words “you” and “your” refer to you as the person or business entity entering into this agreement. The words “you” and “your” also includes any user you authorize to use the NCFCU Xpress Deposit Service “Service” or “Xpress Deposit” on your behalf. The words “we”, “us”, and “our” refer to NCFCU.

Xpress Deposit allows you to make deposits remotely to your NCFCU account using your smart phone by submitting an image of the front and back of a check.

To qualify for this Service, you must meet eligibility criteria as dictated by us. Criteria include but are not limited to…

Account must be in good standing
Account must have a good mailing address

Use of Service: The Xpress Deposit Service allows you to deposit checks into eligible NCFCU accounts from a remote location by capturing the check image with a compatible mobile device which then delivers the images and associated deposit information to NCFCU electronically. You may use this Service only in accordance with this Agreement. In order to use this Service, you must obtain and maintain, at your expense, a compatible mobile device. We are not responsible for the functionality or maintenance of any device you may need or use to access this Service.

Your use of the Service is also subject to, and you agree to comply with, the rules and regulations of the National Automated Clearing House Association (NACHA) rules, all other applicable clearing house rules, the Check Clearing for the 21st Century Act, 15 U.S.C. 5001-5008 (“Check 21”), Federal Reserve Regulation CC (12 C.F.R. Part 229) (“Reg CC”), Office of Foreign Assets Control sanction laws, the Bank Secrecy Act, the USA PATRIOT Act, the Uniform Commercial Code as enacted in Pennsylvania (“UCC”), and all other applicable state and federal laws and regulations, all as amended from time to time.

Limitations of Service: You understand and agree that the Service may at times be temporary unavailable due to system maintenance or technical difficulties. We will attempt to post alerts on our website to notify you of these interruptions of service. Some of the Services have qualifications requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. In the event this Service is not available to you, you acknowledge that you can deposit your check at a branch location, through a participating ATM, by mail, or via other available channels.
Fees of Service: NCFCU does not charge a fee for this Service. We reserve the right to start charging for this Service at any time. If an item you capture for deposit is dishonored, rejected, or otherwise returned unpaid, you agree that we may chargeback the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on the NCFCU Fee Schedule. If there are not sufficient funds in the deposited account to cover the amount of the returned check, any other account at NCFCU that you are listed on may have the funds deducted and a fee charged. If no other account is available then the deposited account will be overdrawn and you will be responsible for payment of the overdrawn amount plus any applicable fee shown on the NCFCU Fee Schedule. You acknowledge that wireless providers may assess fees, limitations, and that we may contact you via your mobile device for any purpose concerning your accounts at NCFCU, including but not limited to servicing and collection purposes.
Ineligible Items for Deposit: You agree to submit only “checks” as defined in Federal Reserve Regulation CC. You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will NOT scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

US Treasury Checks
Money Orders
Checks payable to any other individual not on the account
Checks payable jointly, unless deposited into an account in the name of all payees
Checks drawn on a foreign bank or financial institution
NCFCU check drawn on the same NCFCU account
Checks not payable in United States currency
Checks containing an alteration on the front of the check or item
Checks previously converted to a substitute check, as defined in Regulation CC
Checks that are stale dated, expired or postdated (No checks older than 6 months prior to the date of deposit are accepted)
Checks that require special authorization (e.g. COMCHECKS)
Checks or items that have been returned such as “non-sufficient funds” or “refer to maker”,
or any other reason
Checks that are attached to a credit card account
Cash, including any currency (paper of coin) issued by the United States Mint, the United States Treasury or any other foreign nation

Endorsement Requirements: You agree to endorse with your signature and print “For Remote Deposit Only at NCFCU” on all items. NCFCU reserves the right to reject all items that are not endorsed as specified.

Deposit Limits: We may establish limits on dollar amounts and/or number of items on deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this agreement, and we will not be obligated to allow such a deposit at other times.

Retention and Disposal of Items: You agree to…

Securely store each original check that you deposit using these Services for a period of at least sixty (60) days. After sixty (60) days and no later than ninety (90) days after you transmit the original check, you shall mark it “VOID” and safely destroy the original check.
Upon receipt of these funds into your account you agree to never re-present a check for deposit.
You understand and agree that you are responsible for any loss caused by your failure to secure the original check.
You will promptly provide any retained item to NCFCU as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any item, or for our audit purposes.

If you are unable to provide us with the items requested, you will be liable for any unresolved claims by third parties.

Securing Images on Devices: When using Remote Xpress Deposit, you understand that check images captured using a mobile device are stored on the device only until the associated deposit has been successfully submitted. You agree to promptly complete each deposit. In the event that you are unable to promptly complete your deposit, you agree to ensure that your device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.
Receipt of Items: We reserve the right to reject any item transmitted through this Service, at our sole and absolute discretion. We are not liable for items we do not receive or for images that do not comply with the image quality standards set forth above or that are not transmitted completely.
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, or any other clearing house, association or regulatory agency.
Availability of Funds: All deposits are subject to review. You understand that any amount credited to your Account for items deposited using the Service is a provisional credit and you agree to indemnify NCFCU against any loss you suffer because of your acceptance of the remotely deposited check. You agree that items transmitted using the Service is not subject to the funds availability requirements of Federal Reserve Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 pm Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Service will generally be made available no later than three business days from the day of deposit. NCFCU, in its sole discretion, may make such funds available sooner or may extend the hold period beyond three business days based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as NCFCU, in its sole discretion, deems relevant. Deposits will have immediate availability of either $500 or $1000 depending on your service level.
Errors: You agree to notify NCFCU of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable NCFCU account statement was sent. Notification can be done by telephone at 717-774-7706 or by mail at PO Box 658, New Cumberland, PA 17070. Unless you notify NCFCU within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against NCFCU for such alleged errors and you shall be responsible for any losses.
Errors in Transmission: By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. NCFCU bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Account Owners: If you have joint owners on your NCFCU account, your joint owner(s) will also have access to the Service. You and any additional account owner(s) are equally responsible for adhering to all items disclosed in this Agreement. You agree to only make this Service available to authorized owners or for business/organization accounts authorized agents.
Security Requirements: To prevent unauthorized usage of this Service, you agree to ensure, at your sole cost and expense, the security of any device you own and use to access the Service. By securing these devices, we specifically mean installing operating system patches, antivirus software, firewall and spyware detection as applicable and keeping this security software current, as well as securing the physical device from theft or unauthorized use. NCFCU shall not be responsible for providing any such security or other software and you agree that you are solely responsible for complying with the terms and conditions of any third-party software. You also agree that NCFCU is not liable for unauthorized account access and/or transactions that occur as a result of (1) your negligence in safeguarding your User ID, Password, Security Code, and/or (2) your negligence in ensuring the security of the device you own and/or use to access NCFCU Remote Xpress Deposit Service as described above. You agree that NCFCU may conduct periodic audit of the Xpress Deposit process which may include but is not limited to reviewing internal controls at a business location, audit member operations, or request additional member information.
User Warranties and Indemnification: You warrant to NCFCU that:

You will only transmit eligible items
You will not transmit duplicate items
You will not re-deposit or re-present the original item
All information you provide NCFCU is accurate and true
You will comply with the Agreement and all applicable rules, laws and regulation
You are not aware of any factor which may impair the collectability of the item
You agree to indemnify and hold harmless NCFCU from any loss for breach of this warranty provision.

Any breach of the above warranties may result in cancellation of the service for your specific profile in NCFCU remote application, closure of your accounts, or termination of the member relationship.

You agree to indemnify and hold us harmless and our licensors, service providers and/or contractors providing the Service, and our and their respective directors, officers, shareholders, employees, agents, parents, subsidiaries, and affiliates, from and against any and all losses, liabilities, and penalties, damages, suits, proceedings, claims, demands, causes of action, costs and expenses (including reasonable attorney’s fees and other legal expenses) that result from or arise out of your acts or omissions, or those of any person acting on your behalf (including without limitation you authorized processor, if any), in connection with the Service or processing of items hereunder, including without limitation: (a) the breach by you of any provision, representation or warranty of the Agreement or any other agreement between you and the credit union, including without limitation, your Account Agreement and/or Account Disclosures; (b) your negligence or willful misconduct (whether by act or omission) or that of your customers or any third party acting on your behalf; (c) any misuse of the Service by you, or any third party within your control or acting on your behalf; (d) your failure to comply with applicable state and federal laws and regulations; (e) any fine, penalty or sanction imposed on us by any clearing house, or any governmental entity, arising out of or connected with any item processed by us for you or at your instruction; (f) any act or omission by us that is in accordance with the Agreement or your instructions; (g) actions by third parties, such as the introduction of a virus that delay, alter or corrupt the transmission of an imaged item to us; (h) any loss of corruption of data in transit from you to us; (i) any claim by any recipient of a substitute check corresponding to a Check processed by us that such recipient incurred loss due to the receipt of the substitute check instead of the original Check; or (j) any claims, loss or damage resulting from your breach of, or failure to perform in accordance with, the terms of the Agreement.

The terms of this Section shall survive the termination of this Agreement.

Termination: We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Membership Agreement, or any other agreement with us
Disclaimer of Warranties: NCFCU’s representations, warranties, obligations, and liabilities and your rights and remedies, set forth in this Agreement, are exclusive. You agree your use of the Service and all information or content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. NCFCU DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRIGEMENT. We make no warranty that the Service (i) will meet your requirements, (ii) 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: You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, date or other losses resulting from the use or the inability to use the Services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this Services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if NCFCU has been informed of the possibility thereof.
Governing Law: This Agreement supplements the term of your Membership Agreement and Disclosures and your Internet/Remote Banking Agreement and Disclosures, which are incorporated by reference herein. Together they constitute the entire Agreement between you and NCFCU with respect to this Service. You may not assign this Agreement. This Agreement is governed by the laws of the Commonwealth of Pennsylvania and of the United States. 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. Any disputes regarding this Agreement shall be heard exclusively by the Court of Common Pleas of York County, Pennsylvania.