This version is in effect since September 22, 2003.
This agreement governs your access to and use of the Website and null services offered by Coastal Community Credit Union, and all content, information and services provided on or through the Website, null services, and email from Coastal Community Credit Union. It exempts Coastal Community Credit Union and other persons from liability or limits their liability, and contains other important provisions that you should read. Each time you use the null services, this agreement as it then reads will govern your use. Accordingly, when you use the null services you should check the date of this agreement (appearing at the top of the agreement) and review any changes since the last version.
In exchange for Coastal Community Credit Union permitting the Member to use the null services, the Member agrees as follows:
means any personal, business, or other organization account under any membership, held by the Member with the Credit Union;
means affiliates, service providers, suppliers and sub-contractors of Coastal Community Credit Union, including, but not limited to, Cooperators, Credential Asset Management Inc., Credential Securities Inc., Credit Union Central of BC, Credit Union Electronic Transaction Services (CUETS), Credit Union Insurance Services (CUIS), Cue Datawest, CUMIS, Equifax, and hyperWALLET.
means Coastal Community Credit Union and its subsidiaries Coastal Community Insurance Agencies Ltd., and Coastal Community Financial Management Inc.
means the equipment, such as a personal computer equipment, which, when used in combination with the Software and the PAC, permit access to the null services;
means a main member, a joint member, a joint tenant of the Credit Union, or the authorized signatory(ies) of a business or personal account; members may be natural persons and any type of incorporated or unincorporated entity or organization;
means all of the services available through the use of the PAC in combination with the Software and Equipment, currently known as null;
means the personal access code selected by the Member for the Member's use, which permits access to the telephone banking system, MemberLink, or which, when used with the Software and Equipment, permits access to the null services;
means any person authorized to sign on an Account;
means the null computer software which in combination with the Equipment and the PAC permit access to the null services, and includes all upgrades, revisions, releases and new versions of such computer software;
means any transaction performed using any of the null services;
means the Credit Union website (www.cccu.ca) and all content, information and services provided on or through the Website and by email, including the null services and all on-line tools (including calculators) and email alerts.
The Member may use the null Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the null services, the member will not be permitted to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received in writing from all required signers. The Member agrees to follow the instructions of the Credit Union in effect from time to time with respect to the use of the null services.
When a PAC is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by the Member in person, and the Member agrees to be bound by each such Transaction. The Member irrevocably authorizes and directs the Credit Union to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Member at the time of the Transaction, in accordance with the Credit Union’s normal practices. The Credit Union’s practices respecting the debiting or crediting of any Transaction under any of the null services may be revised from time to time with or without notice to the Member.
The Member agrees not to conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Member will indemnify the Credit Union for all liability or loss arising out of any such Transaction.
For privacy and security reasons, you further agree to not use your browser software's "save password" feature, and if you are using a shared or publicly accessible computer, to select the "Enhanced Security" option when logging in. After you have initiated a session in connection with null services, you must not leave the computer from which you have accessed the services unless and until you have terminated the session and logged off the null services.
The Member agrees that the null services will be available only on an "as is" and "as available" basis.
The Credit Union offers the null services in order to improve the accessibility of the Credit Union to its Members. However, the provision of null services is dependent in part on communication lines and other third party equipment and services. The member agrees the credit union will not be liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of or failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the credit union be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.
The PAC is for the Member’s use alone and may not be assigned or transferred. The Member agrees to keep the PAC confidential and not to disclose it to any person other than to a Signing Authority on the Account. The Member agrees not to record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Credit Union recommends that each Member change the Member’s PAC on a regular basis, such as every 90 to 120 days. If the PAC becomes known to other than a Signing Authority on the Account, confidential information about the Member’s Account may be accessed.
All Transactions are subject to verification and acceptance by the Credit Union, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Member authorized the Transaction, which may affect the Transaction date.
The Credit Union’s records of each Transaction, and the Credit Union’s accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. Any record of a Transaction generated by the Software will be for the Member’s convenience only. If the Member believes that the Credit Union’s records contain an error or omission, the Member must give written notice of the suspected error or omission to the Credit Union within the time provided in the Application for Membership and Account Operation Agreement between the Member and the Credit Union for the relevant Account or Accounts.
If the credit union does make an error or omission for any reason, with respect to the recording of any transaction, the liability of the credit union will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to the member by the credit union. Specifically, the member agrees that the credit union will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.
The Credit Union will establish service fees for use of the null services and/or for conducting Transactions and may change these service fees from time to time. The Member authorizes the Credit Union to deduct any applicable service fees from any Account.
When the PAC is used by the Member to conduct a Transaction by accessing the null services the Member may not revoke or stop any such Transaction once the Transaction request has been processed.
Communications you send to the Credit Union by means of the Website and email are not effective unless and until they are processed by the responsible Credit Union representative. The Credit Union may refuse to process any of your communications sent to us by means of the Website or email, or may reverse the processing of any communications sent to us by means of the Website or email, at any time in our discretion, and without any notice or liability to you or any other person, including without limitation, if: (a) the Credit Union cannot process the request in the communications; (b) the communications violate any provision of this Agreement or any other agreement that you or any other person may have with the Credit Union; (c) the Credit Union considers that the communications may conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
All information you provide through our Website, including your legal name, residential address, email address, and information relating to our null services and on-line applications and requests, must be true, accurate, current, and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Credit Union or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
You hereby authorize the Credit Union to: (a) accept communications we receive from you by means of the Website as if those communications had been given directly in writing and signed by you; (b) disclose your communications to Affiliates and Providers and Credit Union employees and representatives by means of the Website, email or other communications; and (c) respond to your communications by means of Internet communications, email or other communications.
To communicate with the Credit Union electronically, we strongly recommend that you use the Contact Us feature from the null site. While security and privacy risks cannot be guaranteed, this feature provides a secure channel by means of 128-bit encryption and SSL (Secure Sockets Layer) technology for sending us comments or questions. Our replies will then be securely routed back to you and will be filed under the Messages section within the null site.
When you use the Contact Us feature to send us your comments or questions, please provide us your email address, so we may use it to correspond with you on other items that are not confidential in nature. We then store your email and our replies to you so that we can refer to them in future.
We will not provide your email address to anyone outside of the credit union. We may send to you, from time to time, email or other communications containing information about the Credit Union, our products or services, and other matters (including third-party products or services) that we think may be of interest to you. At any time you may ask us to stop sending you email and other information by contacting privacyofficer@cccu.ca. Also, each unsolicited email we send you will provide instructions on how to decline further unsolicited email. From time to time we may also send you email containing important information regarding the Web Site or your accounts. You may not opt out of receiving such email.
If you have asked us to provide you with information on a regular basis, you may ask us to remove you from our list at any time. We intend to include instructions to unsubscribe from the list in every mailing, and on the site where you originally subscribed to the list.
General email is not secure or confidential unless properly encrypted because it passes through many points on its route from you to us. If you are using general email to communicate with us, do not include personal or financial information (such as account numbers) within the email as we cannot guarantee its confidentiality on route to us. Please note that unlike the Contact Us function in the null services, the Feedback function in our public website uses general email functionality and is not secure.
Persons that use email for those purposes do so at their own risk, and the Credit Union, Affiliates and Providers will not be responsible or liable to you or any other person for any loss or damage resulting from: (a) your use of email to communicate with the Credit Union or the Affiliates and Providers; or (b) the use of email by the Credit Union, Affiliates and Providers to communicate with you or other persons at your request.
If the Member wishes to use the null services, the Member must obtain a copy of the Software from the Credit Union, the Credit Union’s website, or its agent. The Credit Union grants the Member a licence to use one copy of the Software in computer-readable form only. The Member will use the Software only for the purposes of using the null services to access any Account and to request Transactions. The Member agrees to keep the Software confidential and not to use it or disclose it except for the purposes set out in this Agreement. The Member will use the Software only in accordance with the Credit Union’s instructions in effect from time to time, including as set out in the instruction manual provided by the Credit Union in or with the Software and/or Equipment. The Member agrees not to copy any part of the manual. The Member has no rights in or to the Software other than the limited licence to use the Software as set out in this Agreement.
The Member agrees not to copy or modify the Software or to reverse engineer, decompile or disassemble the Software or try to do so. The Member will not assign, transfer, rent, loan or sell the Software to anyone. If the Credit Union makes available a new version of the Software, the Credit Union may not support the prior version of the Software, after 90 days from the newest release.
The Credit Union makes no representations or warranties with respect to the software, which is provided "as is". The Member waives and the Credit Union disclaims all warranties and conditions express or implied with respect to the Software and its use by the Member, including without limitation any warranty or condition of merchantable quality, durability, performance, title or fitness for a particular purpose.
The Member agrees to notify the Credit Union immediately, in writing, if their PAC becomes known to anyone other than the Member.
The Member is liable for all unauthorized use of the PAC until such notification is made and acknowledged, in writing, by the Credit Union. Until the Credit Union’s acknowledgment is received by the Member, notification is not deemed to be received by the Credit Union.
The Credit Union may at any time without notice withdraw permission to use any of the null services, or cancel or alter any of the null services without being liable for any loss resulting from such action. If the Credit Union withdraws permission to use the null services, or if the Member no longer wishes to use the null services, the Member will immediately return to the Credit Union the Software, instruction manuals and any Equipment provided to the Member by or on behalf of the Credit Union. The Software licence granted in this Agreement will be terminated effective upon the withdrawal of the null Services by the Credit Union. The termination of null Services for any reason will not relieve the Member of any obligations under this Agreement with respect to the null services.
The Credit Union can add to or change the terms and conditions of this Agreement from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting a revised agreement on the null site.
Each time you use the Website, you should check the date of this Agreement (which appears at the top of this Agreement) and review any changes since the last version. By using any of the null services after this Agreement has been revised, then you, and all persons you represent, will be deemed to have accepted such additional or amended terms or conditions, and without limitation or qualification, to be bound by the revised Agreement. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not use the null Service. You may not change, supplement, or amend this Agreement in any manner.
The terms and conditions of the Application for Membership and Account Operation Agreement with the Credit Union and any other conditions or agreements between the Member and the Credit Union regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception that the Application for Membership and Account Operation Agreement between the Member and the Credit Union will prevail over this Agreement.
This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use of null services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.
If the Member is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the services with respect to that Account. If, in addition to the execution of this Agreement by the Member, any joint holder of an Account also executes this Agreement, then that joint holder and the Member will be jointly and severally liable for the obligations of "the Member" under this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect. This Agreement is binding upon the Member and the Member's heirs, executors, administrators and personal representatives. This Agreement is binding upon and will continue for the benefit of Coastal Community Credit Union, its successors and assigns.
The information you submit through the Credit Union's Website and null services will be stored in Canada. Information stored in Canada is subject to Canadian law, and the Credit Union may be required to disclose your information to third parties in accordance with applicable federal and provincial laws.
I agree and accept the MemberDirect Agreement as per the above conditions.