Cardholder Agreement, Electronic Funds Transfer (EFT) Disclosure & CardHub Privacy Notice.
For the Use of ASECU ATM Cards & Visa CheckCards®
Disclosure of Service Charges, Terms and Conditions
This Agreement and Disclosure Statement for the Use of ATM Cards and Visa® CheckCards (“Agreement”) covers the possession and use of any card that, at your request, is issued to you by Associated School Employees Credit Union (ASECU), in connection with this Agreement, for access to or for transactions with respect to your Account (as defined below).
DEFINITIONS – The following terms and definitions apply when used in this Agreement:
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Account |
Any ASECU account designated by you and made eligible by us for any of the transactions contemplated by this Agreement.
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ASECU |
Associated School Employees Credit Union
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ASECU ATM |
Any ATM operated by Associated School Employees Credit Union.
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ATM |
Automated Teller Machine
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Business Account |
Any account that is not established primarily for personal, family or household purposes.
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Business Day |
Any day, Monday through Friday, during which we are open for conducting all of our normal business functions, but excluding any recognized State or Federal holidays or any days we may be closed due to emergency conditions.
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Card |
Any ATM or Visa® CheckCard (including the number on that card), under any name or branch, that at your request, we issue to you for access to or for transactions with respect to your account at ASECU.
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Merchant |
Any person or entity from which you purchase goods or services the payment for which may be made using the Card
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PIN |
Personal Identification Number used as a means of identifying you and validating the use of the Card to access your account and to perform certain other transactions contemplated by this Agreement.
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POS |
Point of Sale
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Shared Network ATM Terminal |
Any ATM terminal operated either directly or indirectly by participants in a network in which we are a participant.
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Shared Network POS Terminal |
Any POS terminal operated either directly or indirectly by participants in a network in which we are a participant
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Terminal |
As applicable, any ASECU ATM, any Shared Network ATM, and/or Shared Network POS terminal.
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You, your, and yours |
Any person to whom the Card is issued, either at the person’s request or at the request of another person authorized to sign on the account(s) that the Card accesses, and/or any person who uses the Card.
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We, us, and our |
ASECU, or as applicable and as the context may require, any other affiliate of ASECU issuing the Card or as applicable and as the context may require, any agent, independent contractor, designee, or assignees that we may, in our sole discretion, involve in the processing of Card transactions.
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OTHER TERMS MAY BE DEFINED ELSEWHERE IN THIS AGREEMENT.
By requesting, using or keeping the Card, or by allowing someone else to use the Card, you accept the terms and conditions of this Agreement.
1. Transactions Available –
A. ASECU ATM Card. You can use the ASECU ATM Card at ASECU ATMs and at Shared Network ATM Terminals to get cash from your account, to transfer funds between certain accounts, and to check certain account balances and certain transaction histories. For accounts with approved access, you also can use the ASECU ATM Card at certain ATMs to make deposits to your account and to make payments by check or cash to us (please note that not all ASECU ATMs are equipped with deposit or payment receipt functionality, and you should verify that an ASECU ATM has such functionality before attempting such transactions). For security reasons, there are limits on the number of transfers and the dollar amounts involved in these transactions. You are required to enter your PIN to initiate these transactions.
B. ASECU Visa® CheckCard (Debit Card). In addition to the transactions described above for the ASECU ATM Card, the ASECU Visa® CheckCard may be used to purchase goods or pay for services at merchants that display a Visa® logo and accept the Card and to obtain cash withdrawals at any financial institution that displays the Visa® logo and accepts the Card. If a merchant maintains a Shared Network ATM/POS Terminal and accepts the Card, you also can use the Card at the Shared Network ATM/POS Terminal to transfer funds from your account directly to that merchant as payment for the goods or services purchased, to get cash, and to check certain account balances, if the Shared Network ATM/POS Terminal is equipped with a balance inquiry function. You may be required to enter your PIN or to sign a receipt in order to initiate or complete these transactions.
2. Payment of Transactions from Account; Hold on Account –
A. Withdrawal. You authorize us to pay out of your account the total amount of any transactions originated by use of the Card. Your use of the Card for a payment, transfer, or cash withdrawal is regarded as a withdrawal from and/or a demand on your account at the time the Card is used, even if the transaction is not posted to your account at that time.
B. Authorization Holds - When you use the Card in a POS transaction, the merchant may request an authorization for the transaction at the time of the transaction. In certain circumstances the payment authorization system permits the merchant to request authorization for an amount that may be more or less than the final amount of the transaction, which final amount may be unknown at the time of the transaction (e.g., a restaurant may include in a transaction authorization request an amount sufficient to (cover a tip). In connection with a POS authorization request, we may place a hold on your account as directed by the merchant at the time of the transaction. This type of hold helps make it more likely that your POS transaction will be completed, by holding funds available for the transaction pending our receipt of documentation from the merchant. Once such a hold is in place, the amount of the hold may not be available to pay any checks, POS transactions or other withdrawal or transfer orders or requests that you or other parties might make. The hold will be released when the merchant presents, and we process, supporting documentation for the transaction, or seven business days after the transaction date, whichever occurs first. As is the case with all POS transactions, your account will be debited for the exact final amount of the transaction following our processing of the documentation. During the time that a hold is in place, the balance reported to you by means of telephone banking, internet banking, ATM screens or your periodic account statement might not reflect that the hold is or was in place against your account. This is because available balances are sometimes based on actual debits or credits to your account rather than on holds. During the period of any hold, we may, in our discretion, return items presented against your account or decline withdrawal and transfer requests, or we may pay such items and approve such withdrawal and transfer requests, if there are not sufficient funds in your account for such transactions in excess of the amount of the hold.
C. You agree to be responsible for any overdraft and/or nonsufficient funds charges or fees we assess as a result of transactions against insufficient funds in your account during the period of any POS authorization holds, subject to the requirements of applicable law or regulation. You are responsible for knowing when you have made a POS transaction that might result in a hold and for not initiating transactions against insufficient funds during the period of any hold. We reserve the right, but have no obligation, to release the hold at any time, in our discretion, if necessary to make funds available to pay other items presented against your account. If we release the hold to pay other items, and the transaction corresponding to the hold is subsequently presented against insufficient funds, we, at our discretion, may reject the transaction or we may process and debit your account for the amount of the
transaction, and in either event you agree to pay any applicable overdraft and/or nonsufficient funds charges or fees we assess, subject to the requirements of applicable law or regulation.
D. You agree to release us from liability based on our return of items and/or our refusal to allow withdrawal or transfer requests when there are insufficient funds in your account due to any POS authorization hold, and you agree to release us from liability, in the event we release a hold in order to pay other items presented against your account and subsequently reject the transaction corresponding to the hold due to insufficient funds in your account. You further release us from any and all liability in the event any merchant delays or fails to complete the final processing of any POS transaction that you have initiated with the merchant, and/or in the event any merchant places authorization holds against your account in error. In general, we will not be responsible for any transactions generated in error by merchants, processing agencies, or any other third parties not under our control, except as may be required under applicable law.
3. Protecting Your Card and PIN –
A. You agree not to provide the PIN or the Card to any person or entity not authorized to use the PIN and the Card;
B. You agree not to write your PIN on the Card or anything else likely to fall into the wrong hands, and not to do anything else that would cause or increase the risk of unauthorized or fraudulent use of the Card; and
C. You agree to keep the Card and the PIN in a safe place and to otherwise protect the Card and PIN from fraudulent or unauthorized use. You also agree to notify us at once if you believe that your Card and/or your PIN has been lost, stolen, or used fraudulently or if you believe that any transaction is in error. The fastest way to notify us is by calling us toll-free at 1-800-472-3272.
4. Security - You agree that we are not responsible for providing security guards or, unless required under applicable law, other security measures at Terminals.
5. Terminals - When using any Terminal for a transaction, you agree to follow the instructions provided at the Terminal. Although Terminals should be generally reliable, they may not always be operating properly and available for your use at all times. You promise not to attempt to make a transaction when a Terminal tells you or other circumstances give you reason to believe, that the Terminal is closed, is not operating properly or is otherwise unable to affect the transaction you desire. Terminals may be closed from time to time. We will not be liable for damages resulting from the unavailability or failure of Terminals to operate, except as required by applicable law.
6. Posting - If you use your Card and PIN at an ASECU ATM to withdraw money from your account or to transfer money, the transaction will be posted to your account immediately. Signature-based Card transactions usually will post to your account within several business days after the transaction, but because such transactions are subject to network settlement rules and the submission of supporting transaction documentation by the person accepting the Card, these transactions may take longer to post. Deposits made to your account through an ASECU ATM are subject to our Funds Availability Policy. If, for any reason, we cannot collect the amount of a non-cash item deposited to your account, we may charge that amount to any account that you own, either individually or jointly with others.
7. Foreign Currency Transactions - If you use your Card for transactions made in currencies other than U.S. Dollars, the transactions will be converted to U.S. Dollars under the regulations established by VISA then in effect. Conversion to U.S. Dollars may occur on a date other than the date of the transaction. The exchange rate between the transaction currency and the billing currency is either;
A. A rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or
B. The government-mandated rate in effect for the applicable central processing date. We may impose an International Service Assessment (“ISA”) fee up to 4% percent of the transaction amount for all purchases, credit vouchers and cash disbursements, both original and reversal transactions, made in a country other than the United States, Puerto Rico or the U.S. Virgin Islands. The ISA fee will appear on your periodic account statement.
8. Deposits and Payments - All deposits and payments are taken subject to our verification and collection. If there is any difference between the amount written on any deposit slip, payment stub, or Terminal memo included with any deposit or payment made through an ASECU ATM and the amount we find in the deposit or paying envelope, you agree that the amount we find in the envelope is the correct amount. If, for any reason, we cannot collect the amount of a non-cash
item deposited to your account(s), we may charge that amount to any account that you own, either individually or jointly with others.
9. Authorized Transfers And Accounts - You promise to use the Card to make only the types of transfers and to get access only to the account or accounts you have requested in advance and we have approved. If through some error the Card lets you withdraw funds from an account that you should not be allowed to use, we may charge the amount involved to an account you can use. If you use the Card to access an account that is no longer available to complete a transaction, we may, in our discretion, charge or credit the transaction to another account. You appoint as your attorney-in-fact for any transactions or inquiries involving your accounts each and every person who receives or otherwise uses the Card with your consent or authorization. You agree that we may process any Card transactions properly authorized through the use of the PIN, or through your signature or the signature of the person using the card, as the case may be, or otherwise authorized by you or any person using the Card with your consent or authorization, notwithstanding any dual or multiple signature requirement identified on any signature card or other document relating to your accounts, and you agree and intend that any such authorization of Card transactions shall be considered the same as your written signature in authorizing us to perform any action relating to the transactions requested. All persons using the Card are bound by and subject to the terms and conditions of this Agreement. You agree that that the methods and procedures for the authorization and authentication of Card transactions described in and contemplated by this Agreement constitute commercially reasonable security procedures for electronic funds transactions under applicable law.
10. Overdrafts and Insufficient Funds - The Card gives you no credit privileges in your deposit accounts, and we are under no obligation to let you overdraw your account. You promise not to use the Card to overdraw any of your accounts without our permission. If you use the Card at a Terminal to overdraw your account, you agree to pay us for the amount overdrawn and to pay our standard overdraft or insufficient funds charge in effect, subject to the requirements of applicable law or regulation. We may charge the amount overdrawn and the related charge to any account you have with us, subject to the requirements of applicable law or regulation. We also may return unpaid checks drawn on and other items or debits presented against that account and, for each check or other item returned, you agree to pay our standard service charge in effect.
11. Fees - Your use of the Card is subject to, and you agree to pay, the fees referenced or described in this Agreement and in related disclosures, and in our schedule of standard fees. We also have the right to charge a fee for replacing a Card. These fees are in addition to fees that relate to accounts accessible with the Card and are subject to change from time to time. You also agree to pay such charges as from time to time may be in effect with respect to Card transactions, including, without limitation, charges imposed by third parties in connection with the use of Shared Network ATM/POS Terminals. Please contact 330-792-4000, 1-800-77-ASECU (27328) or visit one of our branches for current information about applicable fees.
12. Claims against Merchants - Any claims concerning property or services purchased with the Card must be resolved by you directly with the merchant or seller who accepted the Card, and any claim or defense that you assert will not relieve you of your obligation to pay us the total amount of the transaction. If you have authorized a merchant to bill charges to your Card on a recurring basis, it is your responsibility to notify the merchant in the event your Card number or expiration date is changed, or the applicable account from which payments are debited has been closed. However, if we issue a replacement Card to you, you authorize us, without obligation on our part, to provide information related to the replacement Card to the merchant in order to permit the merchant to bill recurring charges to the replacement Card, and you authorize us apply such recurring charges to the replacement Card until you notify us and the merchant that you have revoked authorization for charges to the Card.
13. Retaining the Card and Refusing Transfers - The Card remains our property and you may not transfer or assign it to anyone else. We reserve the right to refuse to make any transfers requested by you and to suspend or restrict the use of the Card, and we and/or any Terminal owner/operator may keep the Card at any time. For example, if we or any Terminal owner/operator suspects or has reason to believe that the Card has fallen into the hands of an unauthorized user, or is being used fraudulently or in breach of this Agreement, we or any Terminal owner/operator may keep the Card the next time it is used at a Terminal. Neither we nor any Terminal owner/operator, however, is obligated to keep the Card under any circumstances.
14. Cancellation of the Card - We may cancel your use of the Card and PIN, or suspend your use thereof, or restrict or limit available transactions, at any time and for any reason. If we do cancel, you agree to return the Card to us immediately.
The Card may not be used after we cancel it or it has expired. You may cancel the Card and PIN at any time by mailing or delivering the Card to one of our local offices.
15. Attorneys’ Fees - If we have to take steps to collect any amount you owe us as a result of an overdraft or otherwise, or to enforce any of our rights under this Agreement, you will pay reasonable collection and/or other costs incurred by us, including, without limitation, reasonable attorneys’ fees. State law restrictions may apply.
16. No Right to Stop Payment - You are not permitted to stop payment on any purchase you make through the use of the Card, subject to the provisions of applicable law.
17. Deposits after Account Closed - We may accept deposits to any account after it is closed in order to pay outstanding and unpaid amounts incurred through the use of the Card. Acceptance of any deposit, however, does not reactivate the account or any cancelled or expired Card.
18. Account Rules and Regulations; Other Agreements - You agree to be bound by operating rules and regulations imposed by any networks or clearinghouses in which we participate and/or which process transactions made with the Card. Such rules and regulations constitute a part of this Agreement. This Agreement constitutes the current, sole and entire agreement between you and us with respect to the Card and the use thereof, and any and all prior agreements with respect to the Card are superseded by this Agreement. This Agreement supplements, but does not replace, other agreements, terms and conditions governing your accounts and/or any other services used by you in relation to your accounts. Such other agreements, terms and conditions remain in full force and effect, and we may apply the provisions thereof to your use of the Card and to transactions made with the Card, as the context may require; provided, however, that in the event of a conflict between the terms of this Agreement and those of any other such agreements, terms and conditions, the express terms of this Agreement shall control with respect to the use of the Card and transactions made with the Card. In the event your Card is subject to any rewards or cashback program, or any other program that rewards you for the use of the Card, you acknowledge that such program is governed by separate terms and conditions that do not constitute a part of this Agreement (however, such terms and conditions may incorporate by reference provisions of this Agreement). You acknowledge and agree that we have no obligation whatsoever to participate in such programs or to make Cards issued by us subject to such programs, and we may discontinue the applicability of any such program at any time without notice to you. You further acknowledge and agree that neither our issuance of any Card nor anything in this Agreement makes us liable for any obligations under any such program, and you agree that the performance of your obligations and responsibilities under this Agreement is in no way conditioned upon or subject to the performance by any party of the terms and conditions of any such program.
19. Illegal Transactions - You agree that you will not use the Card for any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You agree that it is your responsibility to determine the legality of each transaction in all applicable jurisdictions before entering into such transaction. Display of the Visa® logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, review or evaluate your Card transactions for legality and that we may presume that all of your Card transactions are legal in all applicable jurisdictions. However, we reserve the right to decline any transaction that we believe is an illegal transaction or a high-risk transaction in any applicable jurisdiction. To the fullest extent permitted by law, you further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal.
20. Internet Gambling Transactions - You agree that you will not use the Card in connection with any internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right to decline any transaction that we believe is an internet or online gambling transaction or a high-risk transaction.
21. Limitation of Liability - EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS, INJURY, OR DAMAGE ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY. IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. Amendments - We have the right to change the terms of this Agreement (including the separate sections hereof) and/or the fees, charges, features, operational elements, and other terms and conditions applicable to the use of the Card or
transactions made with the Card, at any time and from time to time in our discretion. We may notify you of changes byGo to main navigation
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