END USER TERMS
This service is provided to you by Marblehead Bank and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and Marblehead Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
SECTION A
Marblehead Bank TERMS AND CONDITIONS
Thank you for using Marblehead Bank Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at anytime. In case of questions please contact customer service at 1-781-631-5500 during Marblehead Bank's normal business hours.
Terms and Conditions
1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Marblehead Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by Marblehead Bank and not by any other third party. You and Marblehead Bank are solely responsible for the content transmitted through the text messages sent to and from Marblehead Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
3. By accessing this service, you agree to the following terms and conditions in addition to those contained in our Internet Banking Terms and Conditions, Deposit Agreement and Funds Availability, Disclosure of Account Terms and signature card and contract which was signed when the account was opened.
4. Marblehead Bank will use reasonable efforts to make Mobile Banking available for your use. Mobile Banking may be unavailable for short periods of time for regular or emergency system maintenance. Accessibility to Mobile Banking may be interrupted because of conditions beyond Marblehead Bank's control, including outages in Internet availability or any issues related to your ability to connect to the relevant cellular network. Marblehead Bank does not promise Mobile Banking will always be available for your use. Marblehead Bank may elect to discontinue Mobile Banking at any time.
5. Marblehead Bank will use commercially reasonable efforts to keep information in Mobile Banking current and accurate. However, there may be a delay in the time that transactions are reflected in Mobile Banking. Although Mobile Banking is expected to correctly reflect account activity, it is possible that Mobile Banking may have data errors. In such event, account records maintained by Marblehead Bank, which may include information in addition to the information available from Mobile Banking, are the final and conclusive records for bank accounts.
6. Marblehead Bank will use commercially reasonable efforts to secure Mobile Banking to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a virus. However, no security system is failsafe, and despite Marblehead Bank's efforts the security of Mobile Banking could be compromised or third parties could introduce malicious code. Marblehead Bank will provide you with notice if your information is the subject of a security breach involving Marblehead Bank's facilities as required by applicable law.
Mobile Check Deposit Capture Service
Customers using the Bank's iPhone or Android Mobile Banking App can deposit checks to their linked checking, savings or money market deposit account by sending a clear image of the check to the bank using the Mobile App. Deposit accounts must be in good standing.
(a) You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to Marblehead Bank is converted to an image replacement document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 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:
- Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited;
- Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
- Checks payable jointly, unless deposited into an account in the name of all payees;
- Checks previously converted to a substitute check, as defined in Reg. CC;
- Checks drawn on a financial institution located outside the United States;
- Checks drawn on the account to which they are being deposited.
- Checks that are remotely created checks, as defined in Reg. CC;
- Checks not payable in United States currency;
- Checks dated more than 6 months prior to the date of deposit;
- Checks or items prohibited by Marblehead Bank's current procedures or which are otherwise not acceptable under the terms of your Marblehead Bank account;
- Checks payable on sight or payable through Drafts, as defined in Reg. CC;
- Checks with any endorsement on the back other than that specified in this agreement;
- Checks that have previously been submitted through the remote deposit capture service offered by Marblehead Bank or any other financial institution; or
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
(b) You agree to restrictively endorse any item transmitted through the Services as "For Mobile Deposit Only, account #______" or as otherwise instructed by Marblehead Bank. You agree to follow any and all other procedures and instructions as Marblehead Bank may establish from time to time.
(c) All deposits made through the mobile check deposit capture service are considered to be check deposits (not electronic deposits) and are subject to the Marblehead Bank Deposit Agreement and Funds Availability.
(d) Marblehead Bank reserves the right to reject any item, at Marblehead Bank's discretion, without liability to you.< Marblehead Bank is not responsible for items Marblehead Bank does not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Marblehead Bank that Marblehead Bank has received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. Marblehead Bank further reserves the right to charge back to your account at any time, any item that Marblehead Bank subsequently determines was not an eligible item. You agree that Marblehead Bank is not liable for any loss, costs, or fees you may incur as a result of Marblehead Bank's chargeback of an ineligible item.
(e) Upon your receipt of a confirmation from Marblehead Bank that Marblehead Bank has received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to Marblehead Bank upon request.
(f) Marblehead Bank may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, Marblehead Bank may reject your deposit. If Marblehead Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and Marblehead Bank will not be obligated to allow such a deposit at other times.
(g) The manner in which the items are cleared, presented for payment, and collected shall be in Marblehead Bank's sole discretion subject to the agreement governing the affected account.
(h) You agree to notify Marblehead Bank of any suspected errors regarding items deposited through the mobile check deposit capture service promptly, and in no event later than 30 days after the applicable Marblehead Bank account statement is sent. Unless you notify Marblehead Bank within 30 days, such statement regarding all deposits made through the mobile check deposit capture service shall be deemed correct, and you are prohibited from bringing a claim against Marblehead Bank for such alleged error.
(i) You accept the risk that an item may be intercepted or misdirected during transmission. Marblehead Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
(j) The image of an item transmitted to Marblehead Bank must be legible, as determined in the sole discretion of Marblehead Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Marblehead Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
(k) You agree and understand that determining the day of deposit for purposes of Marblehead Bank's Funds Availability Policy, checks successfully deposited through mobile check deposit capture service prior to 3:00 p.m. Eastern Time on any business day will be deemed to have been received by the Bank on that business day; checks successfully deposited after 3:00 p.m. Eastern Time on any business day or on any day that is not a business day are deemed to have been received by the Bank on the next business day.
SECTION B
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of 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 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_INFRINGMENT. 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. Limitations of Warranty. 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 subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida 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 Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is 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.
SECTION C
Marblehead Bank with Zelle Network® Terms and Conditions
1. Description of Services
Marblehead Bank ("Marblehead Bank", "we", "us", "our") has partnered with the Zelle Network® ("Zelle®") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle® (each, a "User") (the "Service"). We will refer to financial institutions that have partnered with Zelle® as "Network Banks."
Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves your money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Bank.
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Eligibility and User Profile
When you enroll to use the Service you agree to the terms and conditions of these Terms and Conditions, and our Terms and Conditions, Personal Account Agreement, Funds Availability Disclosure and Signature Card . You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
We may change, suspend, or discontinue the Service or your access to it, or any part of it, at any time without notice. If you have any questions about changes we have made, check our website, contact us at 1-781-631-5500 or visit a branch location.
In order to use Zelle® within the Marblehead Bank Mobile Banking Services, you must have a U.S. consumer checking account as well as a valid email address or U.S. mobile number. Marblehead Bank does not currently support sending money with Zelle® using savings, small business, or credit card accounts.[1]
You can send money to, request money from, or split payments with, friends, family, and people you know and trust using their email address or U.S. mobile number. These persons do not need to use Marblehead Bank as their bank, but they can choose to use Zelle® with a participating bank or by enrolling directly with Zelle® on the Zelle® app.
You cannot send requests to another person, or split payments between other persons, using their U.S. mobile number unless they have already enrolled with Zelle® using that U.S. mobile number whether with Marblehead Bank or another Network Bank.
3. Consent to Share Personal Information (Including Account Information)
You authorize us to provide access to your account through the Service to initiate and complete requested transfers.
You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using the Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
You understand that in order to complete fund transfers using the Service, it may be necessary for us to communicate with other financial institutions and other Network Banks concerning the requested transfer. You agree that we may use, copy, modify, update, display, and distribute to other persons any information or data you provide to us for the purpose of processing a requested transfer or providing the Service, and you give us a license to do so.
You authorize us and other Network Banks to use information you provide to us, and information concerning your transfer in order to:
• initiate and complete a requested transfer, and
• provide ancillary and supporting services to facilitate your transfer and use of the Service.
Your authorization includes, but is not limited to, providing such information to:
• Users to whom you send funds or from whom you receive funds using the Service,
• Zelle®,
• Another User's financial institutions, and
• any intermediary or service that is in any way facilitating or processing the transfer.
We may also disclose information to third parties about your account or the transfers you make, in order to process your transactions or to verify the existence and condition of your account. The third parties may include transactions processors, clearinghouses, credit bureaus and merchants.
Each time you use the Service, you represent and warrant to us that:
• you have the right to authorize us to access your account to effect transfers or for any other purpose authorized by these Terms and Conditions,
• you are not violating any other person's rights when you provide us information and instruct us to initiate or complete a transfer, and
• all the information you provide to us is true, current, accurate, and complete.
We may maintain audit logs that track your access, view, and use of electronic data in connection with your use of the Service. These audit logs may include, but are not limited to, detailed information about your transactions and communication with other Service participants.
The information we provide may include your name, address, telephone number, and email address. You irrevocably waive any provision of our Privacy Notice which would prevent us from providing this information in connection with any transfer to which you are a party.
4. Privacy and Information Security
We make security and the protection of your information a top priority. You can access our Privacy Notice at https://www.marblebank.com/Privacy-Policy, which Privacy Notice is incorporated into and made a part of these Terms and Conditions by this reference.
We protect your personal information by maintaining physical, electronic and procedural safeguards that meet applicable law. None of your bank account details will be shared with the recipient of your requested transfer.
In certain cases, when you change your email address or U.S. mobile number on file with Marblehead Bank, you may have to wait to start using Zelle®. For the security of your account, we need to validate any change to contact information associated with your account before allowing any money to be transferred.
5. Wireless Operator Data
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT & T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle® with your wireless operator account profile information for the duration of our business relationship. See Zelle®'s Privacy Policy https://www.zellepay.com/privacy-policy for how it treats your data and our Privacy Notice https://www.marblebank.com/Privacy-Policy.
6. Enrolling for the Service
You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
Once enrolled, you may:
a. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
b. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
To access the Service, you must have a username, password and the required hardware and software. You must also comply with any other security procedures and policies we may establish from time to time.
You are responsible for providing all telephone and other equipment, software (other than any software provided by us), and services necessary for you to access the Service.
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in these Terms and Conditions. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.
e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736[2] or contact our customer service at 1-877-517-8670 You expressly consent to receipt of a text message to confirm your "STOP" request.
Supported Carriers:
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® or the other Network Banks, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both these Terms and Conditions and the procedures of the business or government agency that is sending you the payment.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (a) these Terms and Conditions, and (b) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. If the person you sent money to has already enrolled with Zelle®, either in the Zelle® mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur within minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, either in the Zelle® mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
10. Liability
Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (a) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (b) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.
WE SHALL NOT BE LIABLE FOR ANY TYPOS OR KEYSTROKE ERRORS THAT YOU MAKE WHEN USING THE SERVICE. YOU AGREE THAT YOU, NOT WE OR ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER RECIPIENT OR USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE. THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER MARBLEHEAD BANK NOR ZELLE® OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
11. Send Limits
Standard (Default) Transfer Limit:
Per Transaction $400
Daily $600
You may request an increase to these limits by contacting Customer Care at 781-631-5500 or 1-800-475-1871 during normal business hours.
12. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting these Terms and Conditions, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
13. Transaction Errors
In case of an error or question about your payments or transfers, you should notify us immediately by one of the following:
If you inform us orally, we may require that you send your complaint in writing within ten (10) business days after your oral notification to us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you we will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) business days to investigate your complaint or question following the date you notified us. If we decide to do this, we will credit your account(s) within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive your written complaint within ten (10) business days, we may not credit your account.
For errors involving new accounts, we may take up to ninety (90) business days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will provide you the results within three (3) business days after completing our investigation. If it is determined that there was no error we will mail you a written explanation. You may ask for copies of documents used in our investigation. We may revoke any credit provided to you if we find an error did not occur.
14. Your Liability for Unauthorized Transfers
If you suspect that your Zelle® User ID or password has been used (or may be used) without your permission, please call 781-631-5500 or 1-800-475-1871 immediately. You must tell us AT ONCE if you believe your User ID or password, or both, has been lost, stolen, or used (or may be used) without your permission. You could lose all of the money in your account(s), if you do not telephone us promptly. If you notify us within two (2) business days after you discover your User ID or password or other means of access to your account has been lost or stolen, you can lose no more than $50.00 if someone used your User ID or password without your permission.
If you do NOT notify us within two (2) business days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your User ID, password or other means to access your account if you had notified us, you could lose as much as $500.00.
Massachusetts Consumers: You can lose no more than $50.00 if you fail to give us notice of your User ID or password being used without your permission.
You shall be solely responsible for the accuracy and completeness of transfer instructions transmitted to us. We shall not be responsible for any errors in the transfer instructions or requests for cancellation or amendment of transfer instructions transmitted to us by you, and your sole recourse for erroneous or unauthorized transfers or instructions received by us from a third-party processor acting on behalf of you is against such third-party processor and not against us.
15. Liability for Failure to Complete Transfers
You agree that we are not liable for any loss, costs or fees you may incur as a result of a transfer that is incomplete.
If you send money to someone using Zelle® and they do not respond within 14 days, we will cancel the transaction. The money will not be debited from your checking account until your recipient completes enrollment in Zelle®. If there are not sufficient available funds in the funding account to make transfers, we may either refuse to honor a transfer or payment request or we may make the transfer and thereby overdraw the funding account. In either event, you agree to pay us the negative balance and are responsible for any overdraft, insufficient funds or return item charges. If you have overdraft checking privileges with us, you are bound by the rules and regulations that apply to that privilege. If we refuse to honor a transfer or payment request due to not sufficient available funds, the request will be canceled and we will not make the transfer or payment at a later date.
16. Fees
We do not charge a fee for use of the Service. However, fees associated with text messaging may be assessed by your mobile carrier and data rates may apply. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees. In addition, fees may apply if you use the Service through another financial institution or through Zelle®'s separate transfer service website or mobile app. We reserve the right to assess fees in connection with the Service in the future. If we do assess fees, we will give you reasonable notice as required by law.
17. Use of Our On-line Banking Site and/or Mobile App
You agree to access this website and/or mobile app in compliance with our Terms and Conditions, which are available at https://www.marblebank.com/Terms-Conditionsand incorporated into and made part of these Terms and Conditions by this reference.
Your deposit and credit accounts with us continue to be governed by the terms and conditions contained in our Personal Account Agreement, Funds Availability Disclosure and Signature Card.
18. Cancellation of the Service
To cancel the Service, please provide written notification to us at: Marblehead Bank, P.O. Box, Box 27, Marblehead, MA 01945, Attention: On-line Banking or through our secure e-mail service.
19. Right to Terminate Access
In the event (a) you violate any terms of these Terms and Conditions, (b) there are unauthorized or fraudulent transactions related to your accounts or use of the Service, or (c) we incur problems with your use of the Service, you agree that we may suspend or terminate your access to the Service at any time.
We may, in our sole discretion, at any time and without prior notice to you or other Service participants, suspend or terminate:
• the Service,
• your ability to send or receive funds through the Service,
• your ability to send funds through the Service, while continuing to permit you to receive funds through the Service,
• your ability to request funds from another customer, or
• your ability to receive requests for funds from another customer.
In the event your access to the Service is terminated or suspended in any way, for any reason, and then later reactivated or reinstated, you agree that this Agreement, or any revised or amended version of these Terms and Conditions in effect at the time of reactivation or reinstatement, will continue to apply to your use of the Service.
20. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER MARBLEHEAD BANK NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. MARBLEHEAD BANK AND ZELLE® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER MARBLEHEAD BANK NOR ZELLE® WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
You acknowledge and agree that from time to time the Service may be unavailable for short periods of time for regular or emergency system maintenance, and we may elect to discontinue the Service or your access to the Service at any time in our sole discretion. The Service may be interrupted because of conditions beyond our control, including outages in internet availability or any issues related to your ability to connect to the relevant cellular network. We do not promise that the Service will always be available for your use. Neither we nor our affiliates will be liable for any claim resulting from or related to the Service due to such delay, interruption, disruption or similar failure. We have no obligations to correct any bugs, defects, or errors in the Service, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Service.
21. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL MARBLEHEAD BANK OR ZELLE®, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PRODUCTS OR SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF MARBLEHEAD BANK OR ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF MARBLEHEAD BANK OR ZELLE®, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
22. Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in these Terms and Conditions, you agree to indemnify, defend and hold harmless us and Zelle®, and our respective owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of these Terms and Conditions.
23. Governing Law; Choice of Law; Severability
These Terms and Conditions shall be construed and governed exclusively by the laws of the Commonwealth of Massachusetts and applicable federal law, without regard to any conflict of laws provisions. In the event of any conflict between the provisions of these Terms and Conditions and any applicable law or regulation, these Terms and Conditions shall be deemed modified to the extent necessary to comply with such law or regulation.
24. Miscellaneous
Subject to these Terms and Conditions, the Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle®'s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.