Hawaii Community Federal Credit Union
Zelle® Service Agreement and Privacy Notice
1. Description of Services
a. Hawaii Community Federal Credit Union (“HCFCU”) has contracted 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 also contracts with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have contracted with Zelle as “Network Financial Institutions”.
b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Financial Institution.
c. 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. Member Eligibility and User Profile
You must be at least sixteen years of age and be an HCFCU member in good standing to be eligible to use the Service. We may revise eligibility requirements for the Service or terminate your eligibility to use the Service at any time without prior notice to you.
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Hawaii Community Federal Credit Union Zelle® Service Agreement and Privacy Notice (this “Agreement”). You represent that you have the authority to authorize debits and credits to your enrolled HCFCU 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. You agree that you will not use the Service for the purchase or sale of items or substances which are illegal under the Controlled Substances Act (21 USC Section 811), including but not limited to marijuana.
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, for any unlawful purpose, or which may expose HCFCU to adverse regulatory or law enforcement action.
3. Acceptance of these Terms.
Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. HCFCU will notify you of any material change on our website by providing a link to the revised Agreement. If HCFCU has made a material change, you will be prompted to accept or reject the revised Agreement the next time you use the Service. Your acceptance of the revised terms and conditions or the continued use of the Service will indicate your irrevocable consent to be bound by the revised Agreement. Further, HCFCU reserves the right, in its sole discretion, to change, modify, add, or remove features from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
To use the Service, you must also be enrolled in HCFCU’s eBranch Service and Mobile Banking application. All terms and conditions applicable to your Account and all services that you access, including the eBranch Service and Mobile Banking application, apply to your use of the Service. In the event of any irreconcilable inconsistency, the provisions of the more specific document will control. For example, this Agreement will control over the eBranch and Bill Payment Agreement, which will control over the Member Service Agreement. If there is an irreconcilable conflict between what an employee says and written disclosures, the written disclosures will prevail.
4. Consent to Share Personal Information (Including Account Information)
By using the Service you affirmatively consent to disclosure of your personal information (including account information) to our Network Financial Institutions or other third parties for the following purposes:
a. as necessary to complete transactions;
b. as necessary in connection with offering the Service;
c. in connection with the investigation of any claim related to your account or the funds you send or receive;
d. to comply with government agency or court orders;
e. in accordance with your written permission; and
f. as otherwise permitted by the terms of our Privacy Notice or by law.
5. Privacy and Information Security
HCFCU and Zelle make security and the protection of your information a top priority. You may access HCFCU’s Privacy Notice at https://www.hicommfcu.com/Disclosures which is incorporated into and made a part of this Agreement by this reference. See Zelle’s Privacy Policy at https://www.zellepay.com/privacy-policy for how it treats your data.
6. Wireless Operator Data
HCFCU 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 use or disclose information related to your wireless subscriber account (such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information) to HCFCU or its service providers, which they may use for the duration of your business relationship with them, solely to verify your identity and help prevent fraud.
7. Enrolling for the Service
a. You must provide us with a secure email address that you regularly use and intend to use regularly and a permanent U.S. mobile phone number that you intend to use for an extended period of time. You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
b. Once enrolled, you may:
i. send money from your enrolled HCFCU account to another User either at your initiation or at the request of that User; and
ii. receive money into your enrolled HCFCU account 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, HCFCU or Zelle 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 HCFCU or Zelle are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that your enrollment may be canceled 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.
8. 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 this Agreement. You consent, upon your behalf and, if applicable, on behalf of the owner of the email address and mobile phone number, 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 Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that HCFCU, Zelle, 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 (SMS). Please check your mobile service agreement for details or applicable fees, as message and data rates may apply.
b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, (ii) changed by you, or (iii) stolen or no longer in your possession or control.
c. In the case of any messages that you may send through either HCFCU or Zelle or that HCFCU 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 HCFCU or 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 HCFCU or Zelle, including messages that you may send through HCFCU or through Zelle or that HCFCU may send or Zelle may send on your behalf.
e. To cancel text messaging from HCFCU, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our call center at 808-930-7700. You expressly consent to receipt of a text message to confirm your “STOP” request.
9. Receiving Money
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 your enrolled HCFCU account.
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 and the other Network Financial Institutions, HCFCU or Zelle may need additional time to verify your identity or the identity of the person sending the money. HCFCU may also delay or block the transfer to prevent fraud or to meet regulatory obligations. If HCFCU delays or blocks a payment that you have initiated through a request for money, HCFCU 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 this Agreement and the procedures of the business or government agency that is sending you the payment.
10. Sending Money
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 (i) this Agreement, and (ii) your express authorization at the time of the transaction for HCFCU to initiate a debit entry to your enrolled HCFCU account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service or enrolled with Zelle. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Financial Institution, the money is sent directly to their 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 in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, HCFCU, Zelle and the other Network Financial Institutions, HCFCU 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 Financial Institution, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that if a person to whom you are sending money has not enrolled as a User, may fail to enroll with Zelle, or otherwise ignores the payment notification, then the transfer may not occur or may not occur within the timeframe you were expecting.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If HCFCU delays or blocks a payment that you have initiated, HCFCU will notify you in accordance with your User preferences (i.e. email, push notification).
HCFCU has no control over the actions of other Users, other Network Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended User.
11. Liability
Neither HCFCU nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of HCFCU or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither HCFCU nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service, including but not limited to mistyping the amount of the transfer or the contact information for the recipient.
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. ZELLE DOES NOT OFFER A PROTECTTION 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).
12. Send Limits
You may send money from your enrolled HCFCU account in amounts of up to $500 per transaction with a maximum of $2,000 per day. You may request higher send limits of (i) $1,000 per transaction with a maximum of $3,000 per day or (ii) $2,000 per transaction with a maximum of $4,000 per day subject to HCFCU’s review of your account relationship. All send limits are subject to temporary reductions to protect the security of your account. HCFCU reserves the right to revise these limits from time to time.
13. 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 HCFCU 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 HCFCU 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, HCFCU or Zelle may decide, in their sole discretion, that HCFCU or Zelle will not send a reminder or repeat request to that User.
By accepting this Agreement, 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 HCFCU and Zelle, and their respective owners, directors, officers agents and Network Financial Institutions 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 HCFCU or by Zelle. Neither HCFCU 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.
14. Your Liability for Unauthorized Transfers
You are responsible for all transfers you authorize using this Service. If you permit other persons to use the Service or your Password, you are responsible for any transactions they authorize from your accounts.
If you believe that someone has transferred or may transfer money from your account without your permission or that your Password has been lost or stolen, notify us AT ONCE, by calling 1-808-930-7700 (neighbor Islands please call us at 800-514-2328) or write us at: 73-5611 Olowalu Street, Kailua-Kona, HI 96740. Telephoning is the best way of limiting possible losses. The limit on your liability for unauthorized transfers are determined by this Agreement and HCFCU’s Member Service Agreement.
If you report the loss of your Password or mobile device or that an unauthorized transfer has been made from your HCFCU account to us within two (2) business days after learning of its theft or loss, your liability will be limited to $50. If you fail to report the loss of your Password or mobile device or that an unauthorized transfer has been made from your HCFCU account within two (2) business days and HCFCU can prove HCFCU could have stopped someone from making a transfer without your authorization if you had told us, your liability for unauthorized transactions will be $500, or the actual loss, which ever is lower.
Also, if your HCFCU account statement shows transactions that you did not make, report it to HCFCU at once. If you do not report the unauthorized transactions within sixty (60) days after the statement was mailed or accessible to you, you may not get back any money lost after the sixty (60) days if HCFCU can prove that HCFCU could have stopped someone from making the transfers if you had told HCFCU in time. If a good reason (such as an unexpected hospital stay) kept you from reporting the unauthorized transactions, HCFCU may extend the time periods. You must immediately notify HCFCU of any changes to your mailing address or interruptions in your mail service.
15. Liability for Failure to Complete Transfers
If HCFCU does not complete a transfer you properly send from your enrolled HCFCU account in the correct amount (as keyed by you) or according to our Agreement with you, HCFCU will be liable for those damages as the law imposes in such cases. However, there are some exceptions. HCFCU will not be liable, for example:
a. If, through no fault of HCFCU, your enrolled HCFCU account does not contain sufficient funds to make the transfer and the transfer would exceed any credit line or any overdraft for such account.
b. The Service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer.
c. Circumstances beyond our control, such as fires, floods, acts of God, power outages, governmental mandates restricting commercial activities, terrorism, cyberterrorism, and the like.
d. If you have not provided us with complete, correct and current transfer information, including without limitation the email address or mobile phone number of the recipient for transfers you send and transfer amount for a transfer.
e. If the intended recipient of a transfer is not enrolled with the Service or not enrolled with Zelle, either in the mobile app or with a Network Financial Institution.
f. If, through no fault of HCFCU, a Network Financial Institution fails to process a proper transfer.
g. If you attempted to initiate a transfer: (i) while physically located in a foreign country; (ii) your device accessed the network using a VPN or other software which identified your device as being present in a foreign country; or (iii) to a User who was physically located in a foreign country.
The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances where we would not be liable.
16. Fees
HCFCU does not charge a monthly service fee for the Service. However, HCFCU reserves the right to charge a monthly or other service fee in the future. If we decide to do so, we will provide you with a notice of change in terms. Standard data and mobile phone rates from your wireless provider may apply. You may be charged access rates depending on your carrier. Please contact your mobile device carrier for additional information.
There may be a charge for additional transactions and optional services as disclosed on HCFCU’s Fee Schedule, which is available online at www.hicommfcu.com. You also agree to be responsible for any fees and charges arising out of your use of the Service, including but not limited to fees assessed for any return items. You agree to pay the fees and charges and authorize HCFCU to charge your enrolled account(s) at HCFCU or, if sufficient funds do not exist in your enrolled accounts at HCFCU or overdraft sources, you authorize us to charge any of your accounts at HCFCU.
17. Use of Our Online Banking Platform and Mobile Banking App
You agree to access HCFCU’s eBranch Online Banking Platform which is available online at www.hicommfcu.com and the Hawaii Community FCU Mobile Banking App which is available on the Google Play store and Apple App Store in compliance with our eBranch and Bill Payment Agreement, which are available at https://www.hicommfcu.com/hawaiicommunityfcu/media/documents/hcfcu-disclaimer.htm and made part of and incorporated into this Agreement by this reference. Your use of the Service is subject to the eBranch and Bill Payment Agreement.
18. Limitations of Service.
HCFCU will attempt to post alerts on the HCFCU website to notify you of known technical or other interruptions in the Service. HCFCU does not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. HCFCU does not make any warranties regarding the availability of the Service or your ability to access the Service. We may impose qualification requirements for members using the Service, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
19. Right to Terminate Access
You may, by written request, terminate the Service provided for in this Agreement. In the event of termination of the Service, you will remain liable for all transactions performed on your Account, and for any obligation to indemnify, defend or hold HCFCU harmless. Upon termination, you will immediately cease using the Service and you shall promptly remit all unpaid monies due under this Agreement, if any. HCFCU may terminate this Agreement at any time, with or without cause. HCFCU may immediately suspend or terminate your access to the Service in the event that HCFCU reasonably determines such suspension or termination is necessary in order to protect the Service or HCFCU from harm or compromise of integrity, security, reputation, or operation or that you are in breach of this Agreement or are otherwise using the Service in a manner inconsistent with the terms of this Agreement or with applicable law.
20. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE AND HCFCU MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE AND HCFCU 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. HCFCU AND ZELLE DO NOT 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 AGREE YOUR USE OF THE SERVICE 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. HCFCU DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HCFCU MAKES NO WARRANTY THAT THE SERVICE (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
21. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL HCFCU OR ZELLE, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS 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 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 HCFCU OR ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH HCFCU OR ZELLE’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, 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 ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS 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).
YOU AGREE THAT HCFCU 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 THE SERVICE 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 THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF HCFCU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
YOU FURTHER AGREE THAT HCFCU WILL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ANY ERROR, FAILURE OR DELAY IN THE TRANSMISSION OR DELIVERY OF DATA, RECORDS OR ITEMS.
22. Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless HCFCU and Zelle, and their respective owners, directors, officers, agents and Network Financial Institutions 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 the terms of this Agreement.
YOU UNDERSTAND AND AGREE THAT YOU INDEMNIFY, DEFEND AND HOLD HARMLESS HCFCU AND ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES ARISING FROM ANY USE OF THE SERVICE BY ANYONE FOR YOUR ACCOUNT AND FOR ANY BREACH OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
23. Enforcement
To the full extent permitted by law, you agree to be liable to HCFCU for any liability, loss, or expense as provided in this Agreement that HCFCU incurs as a result of any dispute involving your accounts or services or your use of the Service. You authorize HCFCU to deduct any such liability, loss, or expense from your HCFCU account(s) without prior notice to you. This Agreement shall be governed by and construed under the laws of the State of Hawaii as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Hawaii law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
HCFCU 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 this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, such provision shall be deemed revised and enforced to the maximum extent permitted by law, and the remainder of the Agreement shall not be impaired or otherwise affected thereby.
24. Miscellaneous
Subject to the terms of this Agreement, you may generally access the Service 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond HCFCU or Zelle’s control. Live customer service generally will be available Monday through Friday, excluding US federal holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
Revised 10/17/22