PLEASE
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE AGREEING TO
PARTICIPATE IN THE Frontier Credit Union CARD CONTROL SERVICE (THE
“SERVICE”). YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“AGREEMENT”)
AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO
ENTER INTO THIS AGREEMENT.
The Service. The Service is offered by Frontier Credit Union (referred
to herein as “Frontier Credit Union”, “us”, “we” or “our”). The Card Control Service is designed
to allow you to control your Frontier VISA debit or credit card(s) as well as
set up alerts for your card transactions. You can turn your card on or off, set
spending limits, or control where your card works, and the type of transactions
allowed. Additionally, you can choose to set up alerts for every time your card
is used, or you can set alerts based off dollar amounts, location, or
transaction type. The Service may also be used to send transactions alerts via
SMS or email notifications. Access to the Services is limited to your East
Idaho eBranch or your Frontier Mobile App.
The Service
does not allow for the cancellation of authorized or pre-authorized debit or
credit card transactions. It is not intended as a method for stopping payment
on authorized or pre-authorized transactions. In accordance with Visa Operating
Rules, all transactions, for which there is a prior authorization, will be paid
by Frontier Credit Union. This applies to authorizations made in both card present and card not
present situations, and in cases of pre-authorized recurring transactions.
Pre-authorized recurring transactions must be stopped in accordance with the
agreement made with the merchant involved in the pre-authorizations.
Fees. Frontier Credit Union does not charge for use of the Service. However, in order for
Transaction Alerts to be sent to your mobile telephone number(s), you must (i)
own a two-way text message (or “SMS”) capable mobile phone that is registered
on a carrier network, (ii) have enrolled in a data plan that includes use of
your mobile handset’s SMS capabilities and (iii) ensure that your account
remains in good standing with your wireless service carrier. You hereby
acknowledge and agree that standard text messaging rates apply for each text
message sent from and received by your mobile phone as determined by your
wireless service carrier. You are solely responsible for such charges and any
other charges from your wireless service carrier. You should contact your
wireless service carrier for complete pricing details.
Transaction Alerts. Following your registration to receive Transaction Alerts
sent to your mobile telephone number(s), the actual time between a transaction
made with your Card that triggers a Transaction Alert and the time you receive
such Transaction Alert is dependent on your wireless carrier’s service and
coverage within the area in which you are physically located at that time. Your
receipt of Transaction Alerts may not be available in all areas.
Eligibility. The Service is only available to individuals who are: (i) of
legal age of majority in their jurisdiction of residence (and at least 18 years
of age); and (ii) own a Frontier Credit Union debit card that is in good standing and eligible
for the Service (“Card”). Note: Eligibility of a Card will be determined by us
in our sole and absolute discretion. Our decisions with respect to your
eligibility are final and binding. We reserve the right to terminate your
participation in the Service at any time. The user must qualify for eBranch and
Mobile Banking services in order to use the Service. The user must adhere to
the terms and conditions outlined in separate agreements for eBranch and Mobile
Banking, and the Electronic Funds Transfer Agreement and Disclosure, which is
included as part of the Credit Union’s Account Disclosures.
No Amendment of Existing Terms and Conditions for Cards. THE TRANSACTION ALERTS THAT ARE
PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR
REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH
YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO
YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT.
1. No Warranties. Equipment, Computer, and Software. Frontier Credit Union, IT’S DIRECTORS,
OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, ASSIGNS, RELATED PARTIES,
AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES OR
THEIR SERVICE PROVIDERS (COLLECTIVELY, “RELEASED PARTIES”) SPECIFICALLY DISCLAIM
ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SERVICE OR EQUIPMENT. YOU AGREE THAT YOUR USE OF AND
ACCESS TO THE SERVICE AND ANY EQUIPMENT ARE AT YOUR SOLE RISK. THE SERVICE AND
ANY EQUIPMENT USED TO MAKE AVAILABLE SUCH SERVICE IS PROVIDED ON AN “AS IS” AND
AN “AS AVAILABLE” BASIS.
2. Limitation of Liability. IN NO EVENT SHALL RELEASED PARTIES
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY
ANY THIRD PARTY. RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE
PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS
CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY
EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY
OTHER EVENT BEYOND OUR CONTROL.
IN ADDITION,
NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH Frontier Credit Union WILL TAKE COMMERCIALLY
REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION,
UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE
SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OF FITNESS
OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT, AND RELEASED
PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY
FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR
UNINTERRUPTED.
3. Indemnity. You agree to indemnify and hold harmless the Released
Parties from any loss, liability, claim, or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth
herein.
4. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
5. Dispute Resolution. Any claim shall be handled in accordance with the
dispute resolution provisions of the agreement governing your Card account.
Availability of Service. While we will make every effort to decline
transactions while your card is in a deactivated state, we cannot guarantee
that all such transactions will be declined due to circumstances beyond our
control. You acknowledge that the deactivation function is reliant on computer
and/or telecommunication systems. Disruptions to these systems may result in
the authorization of transactions, even when the card is in a deactivated
state. Reactivation of cards may be unavailable during certain times of the
day. We will attempt to notify you of these times. Transactions are covered by
the protections offered by Visa and regulatory agencies, as described in the
Electronic Funds Transfer Agreement and Disclosure, which is included as part
of the Credit Union’s Account Disclosures.
You are
responsible for monitoring your account activity, whether electronically or by
checking your statements. Use of the Service does not override the user’s
responsibility to report unauthorized transactions in a timely manner as
described in the Electronic Funds Transfer Agreement and Disclosure. The Credit
Union assumes no responsibility for failure of the Service to work in an
expected manner, aside from the responsibilities put forth in said agreement.
Enforceability. We may waive enforcement of any provision of the Agreement.
No waiver of a breach of this Agreement shall constitute a waiver of any prior
or subsequent breach of the Agreement. Any such waiver shall not affect our
rights with respect to any other transaction or to modify the terms of this
Agreement. In the event that any provision of this Agreement shall be deemed to
be invalid, illegal, or unenforceable to any extent, the remainder of the
Agreement shall not be impaired or otherwise affected and shall continue to be
valid and enforceable to the fullest extent permitted by law.
Amendment. We may change this Agreement at any time. We may add new
terms and conditions and we may delete or amend the existing terms and
conditions. You will generally be provided advance
notice of any change. If the change is favorable for you, we may make the
change at any time without prior notification. If you do not agree with the
change, you may discontinue using the Service. If you continue using the
Service, your continued use will be accepted to the agreement changes.
Termination. We may terminate or suspend the Service, or your use of the
Service, at any time. You may terminate your use of the Service at any time
through the card control application or by giving notice to us. Your notice
will not be effective until we receive your notice of termination and we have
had a reasonable time to act upon it. Without limiting the foregoing, this
Agreement may be terminated if you breach any term of the 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 Bank Services Agreement or any other
agreement with us.
Contact Us. If you have any questions about the Service or any card
transaction, please visit frontiercreditunion.com, email [email protected], or
contact a Remote Service Representative at: 800.727.9961 Monday through Friday
9 am to 5 pm, Saturday 10 am to 2 pm. If fraud has occurred on
your account, please call 888.918.7313 to dispute the transaction.