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Introduction.
The following Terms and Conditions (“Agreement”) apply to our Mobile Banking services (defined below).
By accepting this Agreement and using Mobile Banking, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of Mobile Banking. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel the mobile services and features we offer, from time to time without notice, except as may be required by Law.
We may offer additional mobile services and features in the future. Any such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable.
Any deposit Account accessed through this Service is also subject to the Account Disclosures and Regulations for the Account (Account Disclosures). You should review the Account Disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Definition of Terms.
As used in this Agreement and Mobile Banking services, the following words have the meanings given below:
“Account(s)” means your eligible Washington Mutual checking or savings account that can be accessed through Mobile Banking.
“Available Balance” means the balance available at the time you make your request, which is the total balance less any amounts that are held (e.g. based on funds availability), pledged (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy). All outstanding transactions or holds on your Account may not be included as of the time of your request. Available Balance may not be the same as Collected Balance or Ledger Balance. For balance definitions, see also the Account Disclosures.
“Balance” means your “Available Balance.”
“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and/or capable of sending and receiving text messages.
"Mobile Banking" means the banking services accessible from the Device you have registered with us for Mobile Banking.
"You" and "Your(s)," mean each person who applies to use the service and each person who uses the Service.
"We," "Us," "Washington Mutual,” “WaMu” and "Bank" mean the Washington Mutual depository institution (Washington Mutual Bank fsb or Washington Mutual Bank) that holds the Account and/or services to be accessed by Mobile Banking.
Enrollment/Registration/Activation.
Mobile Banking is offered as a convenience and supplemental service to your banking with us including our Online Banking Services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your Accounts and services with us.
To enroll in Mobile Banking, you must have at least one active Account in good standing, and you must be the sole owner or the primary owner if a jointly held Account. You must have a Device to use with Mobile Banking.
You may enroll in Mobile Banking from your personal computer and register your Device by following instructions on our Enrollment/Registration page at www.wamu.com/mobile. Alternatively, you may sign up for Mobile Banking directly from your Device by sending the command GO to us via text message, accessing the link on the text message we return to you and following the instructions.
To register a Device, you must be the authorized user for the assigned number for the Device registered. You agree to provide us with true, accurate, current and complete information during the enrollment/registration process.
Maintaining Your Mobile Banking Profile.
Once you enroll and activate Mobile Banking, you will have access to your Mobile Banking profile page (“profile page”) at www.wamu.com/mobile. You agree to keep current any information about you and your Device on this profile page as long as you are enrolled in Mobile Banking.
Mobile Banking Cancellation.
You may cancel Mobile Banking at any time on your profile page at www.wamu.com/mobile or by calling us at (800) 788-7000. You may also cancel Mobile Banking by sending a STOP command in a message from your registered Device.
Description of Mobile Banking.
Mobile Banking features and services may vary depending on the method of Mobile Banking we offer and method you select. Currently two methods of Mobile Banking are available. One is mobile text messaging that allows you to access available information via text messaging from your Device. The second is mobile Web, an internet-based platform you access via a URL unique to your Device that allows you to access available information and make transfers between eligible WaMu Accounts.
We may also limit the types and number of Accounts eligible for Mobile Banking. Mobile Banking may not be supportable for all device models or for all carriers at all times. WaMu cannot guarantee the availability of underlying data services provided by your mobile carrier, i.e. we are not responsible for carrier data outages or “out of range” issues. The following information is currently available to you via mobile text messaging and mobile Web: Available Balance, Transaction History, and ATM and branch locators. The following service is currently available using mobile Web only: Transfers between eligible WaMu Accounts. (See Mobile Banking Funds Transfers section below). Specific information concerning the methods and Account services currently offered are provided to you at www.wamu.com/mobile at any time prior to or after you sign up for Mobile Banking. Internet access from your Device is required to enroll in some Mobile Banking services, including mobile Web.
Description of Mobile Banking Commands.
Listed below are the Mobile Banking commands available for your use with Mobile Banking. We may change these commands from time to time. The most current list of commands is available at www.wamu.com/mobile.
Balance: You may view the Available Balance of your Account at the time of your request.
Transaction history: Via mobile text messaging, you may view your transaction history in an increment of approximately 3 to 7 transactions for each Account designated by you. Via mobile Web, you may view your transaction history in increments of 20 transactions for each Account designated by you. Not all pending transactions (e.g. pending debit card transactions, deposits holds, legal holds) are displayed. We may change the length of time that transaction history is available without prior notice. Transaction history on Mobile Banking does not replace the periodic statements for your Account.
ATM/Branch Locator: Find nearby ATMs and stores within a fifty mile radius. The result will be returned in a 2 location increment via mobile text messaging and in a 5 location increment via mobile Web.
HELP Text Command: Request basic customer support for Mobile Banking. STOP Text Command: You may cancel Mobile Banking at any time by sending a text request with the STOP command from your registered Device. If you have registered more than one Device for Mobile Banking, using the STOP command will cancel Mobile Banking only on the device from which you send the STOP command.
GO Text Command: You may initiate registration for Mobile Banking from your Device at any time by sending a text request with the GO command from your Device.
LOGIN Text Command: You may request WaMu re-send the unique URL for mobile Web to your registered Device at any time.
Electronic Communications Consent.
By accepting this Agreement and using Mobile Banking, you agree to receive from Us any disclosures, agreements or other communications (collectively “Electronic Communications") relating to the Mobile Banking service electronically via your handheld electronic Device. Electronic Communications include Electronic Fund Transfer disclosures, any other disclosures required by law or regulation, this Agreement, and any other communications that are provided to you at any time while the Mobile Banking service is in effect. WaMu may also provide Electronic Communications at wamu.com/mobile. Any Electronic Communications that are required by law or regulation will be provided via your Device and, in addition, at wamu.com/mobile in a form you can print and retain for your records. You have the right to receive a paper version of the Electronic Communications. You will not be charged a fee for the paper version. You have the right to withdraw your consent to receive Electronic Communications. If you withdraw your consent to receive Electronic Communications, we may terminate your Mobile Banking service, but you will not be charged a fee for your withdrawal of consent. If you want a paper version of any Electronic Communication, wish to withdraw your consent to receive Electronic Communications, or you wish to update the information needed to provide Electronic Communications to you, you may call the customer service number in the Notices/Contact Information section of the Agreement. To receive an Electronic Communication from us, your Device must be web-enabled and/or capable of receiving text messages. For additional provisions regarding electronic communications for your WaMu accounts and services, see the Notice and Consent Regarding Electronic Communications Delivery at wamu.com/thedetails.
Your Mobile Banking Responsibilities.
In addition to the terms and conditions in other sections of this Agreement and your Responsibilities in the Electronic Funds Transfers Provisions section below:
You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your Account, if applicable, and important notices about your Account delivered by us electronically or by mail, in addition to any services or information you may receive through Mobile Banking. You agree to keep informed of any changes to Mobile Banking by regularly visiting your profile page and our web site at www.wamu.com/mobile. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.
You agree to notify us immediately if you lose, or change or cancel the number of, your registered Device. If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel your Mobile Banking associated with the Device immediately.
You agree to comply with all applicable laws, rules and regulations in connection with Mobile Banking. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk, and you are responsible for compliance with local laws.
Electronic Fund Transfers Provisions.
A. Permitted Mobile Banking Transfers. You may use the mobile Web to transfer funds between your eligible WaMu Accounts (“Internal Transfer”). Currently you may not transfer to or from an Account at another financial institution or to or from a WaMu loan Account using Mobile Banking.
To request a transfer, select Transfer funds via mobile Web and follow the instructions provided on your mobile Device. If you submit your transfer request prior to the Transfer deadline established by the Bank from time to time for Mobile Banking transfer service ("Mobile Transfer Cutoff Time"), you will initiate an immediate Internal Transfer via Mobile Banking. Mobile Transfer Cutoff Time may be different than other transfer cutoff times. Transfer requests after the Mobile Transfer Cutoff Time are treated as made the next Business Day.
You must have sufficient funds available in the selected Account at the time the transfer request is received, including any available overdraft protection. We may process Transfers that exceed your current Balance in our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees immediately and without demand. (See, Statement of Fees for your Account).
Each Transfer from a savings or money market Account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Account Disclosures. You may be subject to fees if you exceed the transactions limits of your Account using Mobile Banking. Please see the Statement of Fees applicable to your Account for more information. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
You agree to confirm the completion of each transfer in your Account balance and transaction history before withdrawing the transferred funds. You may also call us at the customer service number in the Notices/Contact Information section below or on your statement to confirm any transfer.
B. Electronic Fund Transfer Provisions for Consumers. The provisions in this Section apply only to electronic fund transfers (EFTs) to or from your consumer Accounts initiated using Mobile Banking. For EFTs to or from your non-consumer Accounts, see Electronic Fund Transfer Provisions for Non-Consumer Accounts section below. For EFTs other than Mobile Banking EFTs for both consumer and non-consumer, see the Account Disclosures and Regulations provided for your Account(s).
Your liability for unauthorized EFTs. Your liability for unauthorized EFTs will be determined as follows:
How to Notify Us of Unauthorized EFT, Lost Device, Error or Inquiry.
Error Resolution Procedures. If your complaint or error is with regard to a consumer account: We will tell you the results of our investigation within 10 Business Days (or 20 Business Days if the transaction occurs while your Account is a "new Account" under Regulation E) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days (or 90 calendar days for a transaction on a new Account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your Account within ten Business Days (or 20 Business Days in the case of a transaction on a new Account) for the amount you think is in error. 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 it within ten Business Days (or 20 Business Days in the case of a transaction on a new Account), we may not provisionally credit your Account. If we decide that there was no error, we will revoke any provisional credit and send you a written explanation within three Business Days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
Financial institution's liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your Account to make the transfer; (2) If the transfer would go over the credit limit on your overdraft line; (3) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; (4) There may be other exceptions stated in our agreement with you, above.
Periodic Statements. You will get a Account statement monthly if there is a transfer subject to the Electronic Funds Transfers Act in a particular month, and if not, at least quarterly.
C. Electronic Fund Transfer Provisions for Non-Consumer Account.
The above error resolution and liability provisions and any included with periodic statements for consumer Accounts that you may receive do not apply to non-consumer Accounts. The owners of non-consumer Accounts must notify us immediately if they discover any unauthorized transactions, errors, or lost Devices. See, How to Notify Us of Unauthorized EFT, Lost Device, Error or Inquiry, subsection (1) and (2), above, on how to notify us. We must receive written notice and an affidavit (upon our request) regarding the problem in a form satisfactory to us within 14 calendar days from the date of discovery or receipt of the first statement, report or notice reflecting the problem, whichever occurs first.
If you do not notify us within these timeframes, you will have authorized the transaction and be responsible for all losses, costs or expenses that you incur as a result of the loss and/or use of your user name, password, PIN, or Device , unless the laws governing your Account state otherwise.
We will not be responsible for any special, consequential, incidental or punitive damages involving such Accounts. The owners of such Accounts assume sole responsibility for any unauthorized use of the Device registered for Mobile Banking, and shall indemnify, defend, and hold us harmless from all claims, actions, proceedings, losses and damages related to or arising out of any unauthorized transaction.
Business Days. Business days are Monday through Friday, except Federal holidays. Transactions on non-Business Days are considered made the next Business Day.
Fees.
We do not charge a fee for our current Mobile Banking including EFTs. However, please see the Statement of Fees for any excess transaction fees that may apply to your Account. Also, you are responsible for web access and/or data or text message charges that may be billed by your mobile carrier. Check with your mobile carrier for details on specific fees and charges that may be applicable.
Disclosure of Account Information
We will disclose information to third parties about your Account or the transactions you make: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with reporting or other legal requirements (including, for example, legal process); (iv) if you give us your permission; (v) to offer you additional products and services from us and others that we think might be of interest to you; (vi) to otherwise conduct our business; and (vii) as otherwise permitted by Law. Notwithstanding the above, we will not disclose such information where prohibited from doing so by applicable Law. See the Washington Mutual Privacy Policy for additional information.
Notices/Contact Information.
Unless otherwise provided in this Agreement, for notices required to be given to us by this agreement, go to www.wamu.com and select Contact Us. Choose Send Us a Message and complete the applicable steps to send information to us. You may also call us at (800) 788-7000 or send written correspondence to Washington Mutual P.O. Box 1165, Northridge, CA 91328-1165.
You may update your Mobile Banking profile and make changes to your Mobile Banking service at www.wamu.com/mobile. We will notify you of any changes, fees, or other information about Mobile Banking, if required by law, via your Device and at www.wamu.com/mobile. Notices required to be given by us under this Agreement or by law may be sent electronically or in writing mailed to you at the mailing address set forth in the enrollment form.
Our Limited Liability for Use of Mobile Banking.
Our Mobile Banking services are provided to you on an “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO MOBILE BANKING OR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE OR ANY ADVERTISEMENTS, OR WEBSITES IN CONNECTION WITH THAT SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MOBILE BANKING (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MOBILE BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE MOBILE BANKING SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state. In addition, see Electronic Funds Transfer Disclosure section for limits of liability provisions for transfers made using Mobile Banking, which section applies only to the extent not consistent with this limitation of liability provision.
IN NO EVENT WILL WASHINGTON MUTUAL, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR MOBILE BANKING), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MOBILE BANKING. THE AGGREGATE LIABILITY OF WASHINGTON MUTUAL AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.
Mobile Banking is not covered by WaMu’s Online Banking Guarantee, including Mobile Banking for customers who are also enrolled in our online banking service.
Indemnification.
You agree to indemnify, defend, and hold Washington Mutual and its affiliates, officers, directors, employees, consultants, agents, Mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.
Entire Agreement.
This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your Mobile Banking services and Accounts, contains the entire agreement between you and supersedes any other or oral communications and previous agreements, if any, with regard to Mobile Banking.
Governing Law.
Any Account will continue to be governed by the laws described in the Account agreement. This Agreement will be construed and interpreted in accordance with federal law applicable to Mobile Banking and to the extent not superseded by federal law, the laws of the state of California without regard to conflict-of-law rules.
Trademark Notice.
The WaMu name and logo are the registered trademarks of Washington Mutual, Inc. or its subsidiaries.
