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Terms and Conditions for Mobile Banking

Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Macatawa Bank(“Financial Institution”) combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply. 

Terms and Conditions:

a. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time. 

b. Questions: You can contact us at connect@macatawabank.com or 1-800-459-4801, or send a text message with the word "HELP" to this number: 99588.  We can answer any questions you have about the program. 

c. To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider

Privacy and User Information.  You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”).  The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. 

Restrictions on Use.  You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:  (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;  (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of  Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose  Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of  Fiserv or any third party.  You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

 

Terms and Conditions of Mobile Deposit

By using Mobile Money Service, you are also agreeing to the terms and conditions of Macatawa Bank’s Mobile Deposit (“Mobile Deposit”) that Macatawa Bank or its affiliates ("Financial Institution", “we”, “us”) may provide to You ("You," or "User"). Other agreements You have entered into with Financial Institution, including the Macatawa Bank Online Banking Agreement, Terms & Conditions of Mobile Banking (listed above) and the Terms & Conditions Agreement for your deposit account also apply to transactions made using Mobile Deposit.

a. Service. Mobile Deposit is designed to allow You to make deposits to your checking, savings, money market or Health Savings account from home or other remote locations with your mobile device camera using the Macatawa Mobile Money Services. The images and associated deposit information will then be delivered to Financial Institution or Financial Institution’s designated processor. To use Mobile Deposit, You must be a Financial Institution personal deposit account holder (businesses are ineligible to use Mobile Deposit) and have agreed to the Online Banking Agreement and Terms & Conditions for Mobile Banking. Once Mobile Deposit is requested You will automatically have access to use Mobile Deposit.

b. Acceptance of these Terms. Your use of Mobile Money Services and Mobile Deposit constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify You of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. Your acceptance of the revised terms and conditions along with the continued use of Mobile Deposit will indicate your consent to be bound by the revised Agreement. Further, Financial Institution reserves the right, in its sole discretion, to change, modify, add, or remove functions from Mobile Deposit. Your continued use of Mobile Deposit will indicate your acceptance of any such changes to Mobile Deposit.

c. Limitations of Service. When using Mobile Deposit, You may experience technical or other difficulties.  We cannot assume responsibility for any technical or other difficulties or any resulting damages that You may incur. We reserve the right to change, suspend or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, immediately and at any time without prior notice to You.

d. Equipment. To use Mobile Deposit, You must have Macatawa Bank’s Online Banking, Macatawa Bank’s Mobile Money Service, have a supported mobile device with a supported camera and a supported operating system (Android or iOS), have a data plan for your mobile device, and download the App to your mobile device (collectively, the “Mobile Device”). We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with Mobile Deposit.

e. Fees.   Currently, we do not impose any fees for Mobile Deposit.  We reserve the right to impose fees for Mobile Deposit in the future and we will notify You of any such fees.  Your use of Mobile Deposit after the effective date of any fee changes shall constitute your agreement to such fee changes.

f. Eligible items. 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 Financial Institution 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 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 drawn off any account at any financial institution that You own or on which You are a signor. 
  • 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 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 Financial Institution’s current procedures relating to Mobile Deposit or which are otherwise not acceptable under the terms of your Financial Institution account. 
  • Checks payable on sight or payable through Drafts, as defined in Reg. CC. 
  • Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution. 
  • Checks or items that are drawn or otherwise issued by the U.S. Treasury Department 

Note, any check that You attempt to deposit using Mobile Deposit is subject to verification by Financial Institution.  We may reject an item for deposit for any reason and will not be liable to You.  

g. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through Mobile Deposit as "For mobile deposit only”, or as otherwise instructed by Financial Institution. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as Financial Institution may establish from time to time. 

h. Receipt of Items. We reserve the right to reject any item transmitted through Mobile Deposit, at our discretion, without liability to You.  We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when You are able to view the item on the deposit history screen. 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. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Financial Institution is not liable for any loss, costs, or fees You may incur as a result of our chargeback of an ineligible item.

i. Availability of Funds. You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. However, receipt of the confirmation from Financial Institution does not mean that the transmission was error free or complete. 

In general, if an image of an item You transmit through Mobile Deposit is received and accepted before 5:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using Mobile Deposit will generally be made available in three business days from the day of deposit. Financial Institution may make such funds available sooner, in its sole discretion. 

j. Deposit Limits. We may establish limits on the per check dollar amount and/or total deposits per day from time to time. If You attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit You to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.  For more information, please refer to the Financial Institutions website: www.macatawabank.com.

k.  Disposal of Transmitted Items. Upon your receipt of a confirmation from Financial Institution that we have 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 Financial Institution upon request.

l. Presentment. The order in which the items are cleared, presented for payment, and collected shall be in Financial Institution’s sole discretion subject to Financial Institution’s Terms & Conditions governing your account.

m.  Security of Your Mobile Device and Account Information. You are responsible for (i) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information used by You to access Mobile Deposit (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that You store, transmit or use in or with Mobile Deposit (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, text message, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by You. You agree to immediately notify us if You become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny You access to Mobile Deposit (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred. 

n. Errors. You agree to notify Financial Institution of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than 30 days after the applicable Financial Institution account statement is sent. Unless You notify Financial Institution within 30 days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and You are prohibited from bringing a claim against Financial Institution for such alleged error.

o. Errors in Transmission. By using Mobile Deposit You accept the risk that an item may be intercepted or misdirected during transmission. Financial Institution bears no liability to You or others for any such intercepted or misdirected items or information disclosed through such errors.

p. Image Quality. The image of an item transmitted to Financial Institution using Mobile Deposit must be legible, as determined in the sole discretion of Financial Institution. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Financial Institution, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. 

q. Geographic Constraints. You agree that You will not use Mobile Deposit in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control. 

r. User Warranties and Indemnification. You warrant to Financial Institution that:

  • You will only transmit eligible items. 
  • You will not transmit duplicate items. 
  • You will not re-deposit or re-present the original item. 
  • All information You provide to Financial Institution is accurate and true. 
  • You will comply with this Agreement and all applicable rules, laws and regulations. 
  • You are not aware of any factor which may impair the collectability of the item. 
  • You agree to indemnify and hold harmless Financial Institution from any loss for breach of this warranty provision. 

s. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.

t. Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us or You terminate Online Banking or Mobile Banking. Without limiting the foregoing, this Agreement may be terminated if You breach any term of this Agreement, if You use Mobile Deposit for any unauthorized or illegal purposes or You use Mobile Deposit in a manner inconsistent with the terms of your Macatawa Bank Online Banking Agreement, Terms & Conditions for Mobile Banking and the Terms & Conditions Agreement or any other agreement with us.

u. Enforceability. We may waive enforcement of any provision of this 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.

v. Ownership & License. You agree that Financial Institution retains all ownership and proprietary rights in Mobile Deposit, associated content, technology, and website(s). Your use of Mobile Deposit is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use Mobile Deposit. Without limiting the restriction of the foregoing, You may not use Mobile Deposit (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Financial Institution’s business interest, or (iii) to Financial Institution’s actual or potential economic disadvantage in any aspect. You may use Mobile Deposit only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Mobile Deposit.

w. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS, (ii) MOBILE DEPOSIT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN MOBILE DEPOSIT OR TECHNOLOGY WILL BE CORRECTED.

x. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE MOBILE DEPOSIT INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF MOBILE DEPOSIT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FINANCIAL INSTITUTION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

8/2/16