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Mobile Banking Agreement

Mobile Banking Agreement


(Effective October 11, 2018)

This Agreement sets forth the terms and conditions of the mobile banking service (“Service”) offered by Cathay Bank. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Bank” refer to Cathay Bank.

Part A of this Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your online banking agreement with us with respect to the Service. (Please see the full Online Banking Agreement and Consent to Electronic Disclosure.

Part B represents a legal agreement between you and the third party licensor (the “Licensor”) which provides the technology solution (the “App”) used to access the Service. Please read Parts A and B carefully as they are both part of your Agreement for the Service. Your use of the Service will be deemed further evidence of your agreement to these terms.Unless otherwise specified, the times indicated in this Agreement are Pacific Time.

 

PART A

Cathay Bank Terms and Conditions

1. Introduction

Thank you for using our mobile banking Service combined with your handheld's text messaging capabilities. For help, text HELP to 79680.

If you wish to stop receiving text messages for alerts established through our online banking service, just text STOP to 20736.

To stop receiving all other text messages relating to this Service, your account and transactions, text STOP to 79680.

Note: Wireless carriers are not liable for delayed or undelivered messages. One text message per query. Messages and data rates may apply from your wireless carrier. Our Text Banking service works on all major mobile providers in the U.S., including (but not limited to): AT&T, Sprint, T-Mobile, Verizon Wireless, Cricket, Google voice, U.S. Cellular, MetroPCS, nTelos, Cellcom US, Carolina West US, CellSouth, Pioneer Cellular US, United Wireless, Appalachian Wireless, Element Mobile, MTA Communications, DTC Wireless US, Pine Cellular, Sagebrush Cellular USA, Chariton Valley Cellular, Bandwidth USA, Epic Touch USA, CTC Telecom Mosaic USA, Peoples Wireless USA, Duet IP Wireless, RINA USA, Siwireless USA, Communications Venture USA, MobiPCS USA, Layered Communications, Cellular One NE AZ USA, Alaska DigiTel, Bluegrass, Cell 1 East Cent IL, Illinois Valley, Inmix, Inland, New Tech Wireless, ACS Alaska, Golden State US, Thumb Cellular US, Viaero Wireless US, Plateau US, West Central WCC, iWireless, MTPCS, NW Missouri USA, Chat Mobility USA, SRT Wireless USA, SouthernLinc Wireless USA, AIO Wireless aka Jasper, Panhandle USA, Flat Wireless USA, Copper Valley USA, Cablevision USA, Leaco Rural Telephone USA, and Union Wireless. (Trademarks and registered trademarks for the carriers listed in this communication are the property of the companies and/or corporations that own the carrier.)

In case of questions please contact customer service by calling us at 800-922-8429 or writing to us at: Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte, CA 91731.

The Service is provided by the Bank and not by any other third party. You and the Bank are solely responsible for the content transmitted through the text messages sent to and from the Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)

2. Our Service

We offer the following mobile Services:

3. Your Equipment

In order to use the Service, you will need a Mobile Device with a working connection to the Internet. You also must have the App and other equipment described in the Online Banking Agreement and Consent to Electronic Communications. You are responsible for the selection, installation, maintenance, and operation of your Mobile Device, software, and other equipment required for the Service. We are not responsible for any errors, failures, or malfunctions of your Mobile Device, software or other equipment required for the Service, or for any virus or related problems that may occur with your use of this Service. The Service may not be available over some network carriers and may not support some mobile devices. You are responsible for ensuring that your Mobile Device, software, and other equipment are compatible with our system. We assume no responsibility for the defects or incompatibility of any devices, computers or software that you use for the Service, even if we have previously approved their use. We reserve the right to change our system requirements from time to time. Please note that your wireless provider may charge you for internet-related use and text messages. This Agreement does not amend any agreement you may have with your internet service or wireless providers. If you are unable to connect to the Service for any reason, please contact us at 800-922-8429.

4. Your Password

You must be enrolled for our online banking service before you can use this Service. In order to access the Service, you will use the same User IDs, Passwords and/or other means of identification and authentication (collectively, “Password”) you use to access our online banking service. In addition, you can use your fingerprint or a four digit code to obtain quick access to account balance and transaction information (but not conduct transactions). Fingerprints can only be used with Mobile Devices and software which are supported by our system. Currently, this includes only Apple® iPhones® 5s or newer that use iOS8® or higher.

You are responsible for keeping the Password secure and confidential. Never place your Password on or near your Mobile Device. For security reasons, we may disable your Password if it is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password. You agree not to disclose your Password to anyone and to take other reasonable precautions to ensure the safety, security and integrity of transactions conducted with your Mobile Device (e.g., not leaving your Mobile Device unattended when logged onto the Service).

5. Your Accounts

In order to use the Bill Payment or PeoplePayment Service, you must have an eligible checking account with us. At our discretion, we may refuse to allow certain accounts to be linked to any Service.

6. Account Balance and Transaction Information 

You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.

7. Transfers

You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts.

Transfer requests (outside of our PeoplePayment Service) which are received by us on or before the “cutoff hour” of 10:00 p.m. on business days will be posted that day (generally at the end of the day). Transfer requests received after the cutoff hour or on a weekend or holiday may be deemed received as of the next business day.

8. Bill Payments

You can use this Service to make payments to others from one or more of your designated checking accounts with us. If you link more than one checking account to the Service, you must specify which account you wish to use in making payments.

9. Cathay PeoplePayment

You can use this Service to send funds from your designated Bank account to other individuals or to their account at another U.S. financial institution.

10. Mobile Deposit

If you are approved for mobile deposit, you can use your Mobile Device to deposit checks to your designated Bank account by capturing images of the original paper checks and transmitting the digital images and associated deposit information (“images”) to us.

11. Use of SMS Messaging

You may receive SMS text messages relating to the Service, your account and transactions from time to time. In addition to the alerts you request, you authorize us to send emails and SMS text messages to you in connection with the Service, your accounts and transactions at any email address or mobile phone number any of you provide to us.

For help, text HELP to 79680.

If you wish to stop receiving SMS text messages for alerts established through our online banking service, just text STOP to 20736.

To stop receiving all other SMS text messages relating to this Service, your account and transactions, text STOP to 79680.

We may suspend or terminate your use of the Service if you elect to stop receiving SMS text messages.If you require assistance, please contact us at 800-922-8429.

Note: Wireless carriers are not liable for delayed or undelivered messages. One text message per query. Messages and data rates may apply from your wireless carrier.

12. No Warranties

THE SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE. THIS PROVISION SHALL NOT BE DEEMED TO LIMIT OUR OBLIGATIONS AS OTHERWISE SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAW.

13. Hours of Operation; Service Unavailability

You can access account information through the Service 7 days a week, 24 hours a day. The information may not reflect recent or pending transactions. There may be times when all or part of the Service is temporarily unavailable due to system outages, maintenance or technical difficulties, including those of the Internet service provider, cellular service provider, and software provider. We may suspend this Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction. We assume no responsibility for any damage or delay that may result from such unavailability.

14. Privacy

We may release information about you, your accounts and the transactions you perform to companies that perform services for us (such as check printers and data processing firms), with your permission, to our affiliates, to other financial institutions with whom we have a joint marketing agreement, and as permitted by law. We may disclose information, for example: where it is necessary or helpful for completing a transaction; to report the existence, history and condition of your account to credit reporting agencies; and to comply with government agency and court orders. Please see our Privacy Policy or call us at 1-800-922-8429 for information about how we gather, use and secure nonpublic personal information about you.

15. Electronic Mail

If you send us electronic mail (“e-mail”), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party’s unauthorized access to, or use of, your computer system. Please do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system.

16. Discrepancies

We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.

If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.

17. Business Days

Our business days are Monday through Friday, excluding holidays.

18. Documentation

We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.

19. Service Fees

There are no fees for accessing information about your accounts, paying bills or transferring funds through the Service. However, we may impose a charge for each payment or transfer that exceeds the transaction limitation we set for your account each statement period (see the “Limitations” section below for more details about transaction limitations that apply to money market and savings accounts). Our fee for excess transactions is $10.00 per excess transaction.We may also impose a charge for payments or transfers drawn on non-sufficient funds. Please see our fee schedule for NSF fees and other fees that could affect your accounts. We are not responsible for any fees that may be billed to you by your Internet or cellular service provider.

20. Limitations

We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. Bill Payments may not exceed a total of $9,999.99 per transaction or $20,000 per business day. PeoplePayment transactions are limited to $750 per transaction and $1,000 per business day. If any transaction is scheduled to occur on a weekend, a holiday, or after our cutoff hour, we may determine your transaction limitations as if the transaction occurred on the following business day. We may permit you to exceed these limits from time to time at our sole discretion, but may cease doing so at any time and without prior notice.

Payments and transfers from Savings accounts and Money Market deposit accounts may be limited. These limits are disclosed to you in the Truth in Savings Initial Disclosure provided to you when you opened your account. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.

21. How to Notify Us of a Problem

If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at 800-922-8429 or write to us at Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte, CA 91731.

22. Your Responsibility

Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows bill payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

23. Our Responsibility

If we do not complete a transfer or send a payment from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment or transfer in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Agreement with you.

24. In Case of Errors or Questions about Your Transfers or Bill Payments

Call or write to us at the number or address listed in Section 21 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent or made available the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. For bill payments, it would be helpful if you also tell us the payee name, the date we charged your account, and the payee account number. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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 10 business days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

25. Limitation on Time to Sue

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.

26. Indemnification

Except as otherwise set forth in this Agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.

27. Other Terms

This Agreement incorporates, supplements and supersedes where inconsistent, the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (e.g., waivers, dispute resolution, governing law, and overdrafts). You agree to comply with the Terms and Conditions found at our web site, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site terms and conditions, and your account agreement contain all of the terms of our agreement with you with respect to the Service.

28. Change in Terms

We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the mail or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.

Note: Some of our Services may not be available at all times. We may make additional Services or new features available from time to time.

29. Termination

We may terminate or suspend your access to all or part of the Service at any time, with or without cause. If you decide to cancel the Service, call us at 800-922-8429 or write to us at Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte, CA 91731. Let us know if you have any outstanding scheduled or recurring bill payments or transfers that you also wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. We may refuse to make scheduled or recurring Service payments and/or transfers following termination of the Service. Any indemnification required by this Agreement shall survive its termination.

30. Business and Other Non-personal Accounts

Our obligations set forth in Sections 23 and 24, and the limitations on customer liability set forth in Section 22 and in periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt or the availability of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any Service instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.

 

PART B

End User License Agreement Terms For The Downloadable App

  1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
  2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
  3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
  4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
  5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
  6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
  7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the Software. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
  8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

 



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