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TERMS AND CONDITIONS FOR MOBILE BANKING, TEXT BANKING, MOBILE DEPOSIT, AND DOWNLOADABLE APPLICATION
 
Your use of Mobile Banking, Text Banking, and Mobile Deposit services at Cathay Bank is governed by the terms specified below and in the Cathay Online Banking Agreement and Consent to Electronic Disclosure (“Agreement”).  (You may review the complete Agreement by visiting www.cathaybank.com.) If we make changes to the Agreement, we will update it on our website. We will notify you of any changes as specified in the Agreement.
 
Your enrollment in these services constitutes your agreement with the terms of the Agreement. Terms used herein but not defined have the meaning assigned to them in the Agreement. You acknowledge that terms and conditions applicable to other services available through the Bank’s Mobile Banking service (Bill Payment Service, for example) are set forth in the Agreement, and that you have read the Agreement in its entirety. You should print the Agreement and retain a copy for your records.
 
These services are provided to you by Cathay Bank and powered by a Third Party ("Licensor") mobile technology solution. Section A below is a legal agreement between you and Cathay Bank, and Section B is a legal agreement between you and the Licensor.
 

 

SECTION A

Cathay Bank Mobile Banking and Text Banking Terms and Conditions
 
  • If you have enrolled in Mobile Banking and Text Banking, the following additional terms and conditions supplement, and supersede where inconsistent, other terms of the Agreement.
  • Mobile Banking, Text Banking, and the downloadable application are available to online banking enrollees only. All terms applicable to the Service apply to these services. You must also have previously established Payment Manager in online banking to use those functions in Mobile Banking. 
  • Cathay Bank does not currently charge for the Mobile Banking or Text Banking service; however, your mobile service provider may charge for web access and sending and receiving text messages on your mobile phone. 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. Check with your service provider for details on specific fees and charges that may apply. Fees separately disclosed to you in connection with your account or any transaction-related fees incurred in using the Services may apply.
  • Except as otherwise specified herein, Mobile Banking and Text Banking are provided by Cathay Bank and not by any other third party. You and Cathay Bank are solely responsible for the content transmitted through the text messages sent to and from Cathay Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.). For help, text “HELP” to 79680. To cancel your plan and discontinue all future messages from us, send a text “STOP” to 79680 at any time. In case of questions, please contact customer service by calling 1-800-9CATHAY.
  • You must have a web-enabled cell or smart phone to use Mobile Banking. You represent that you are the owner, or authorized user of the wireless device you use to receive test messaging. If you have a mobile Internet browser and Internet access from your phone, it is likely you can use Mobile Banking. A list of wireless devices and operating systems compatible with the Bank’s Mobile Banking services is available for review at www.cathaybank.com. Your mobile phone must support WAP (Wireless Application Protocol) 2.0 or higher, the international standard for applications using wireless communication. Most phones today support WAP. If you are using an older device that does not contain the required security features to use Mobile Banking, you may need to upgrade to a newer device to use Mobile Banking. Bank will not be liable for any delays or failures in your receipt of any text messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. Mobile Banking and Text Banking are provided on an AS IS, AS AVAILABLE basis.
  • Data obtained from you in connection with Mobile Banking and Text Banking service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
  • Your wireless carrier and other service providers may also collect data from your Mobile Banking and Text Banking usage, and their practices are governed by their own polices. Bank is not responsible for the privacy practices or security of these providers. You are encouraged to review the provider’s privacy policy (ies) before supplying any personal information as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
  • Mobile Banking and Text Banking are available only in the United States.


Cathay Bank Mobile Deposit Terms and Conditions

If you have enrolled in Mobile Banking, in addition to the Cathay Bank Mobile Banking and Text Banking Terms and Conditions immediately preceding, the following terms and conditions apply to your use of Mobile Deposit and supplement and supersede where inconsistent, other terms of the Agreement.
 
  • The Bank’s Mobile Deposit service (the “MD Services”) is designed to allow you to make deposits to your checking, statement savings, or money market savings accounts from home or other remote locations using your mobile device to scan checks and transmit the images and associated deposit information to the Bank.
  • The MD Services are currently available to you at no additional charge; however, your mobile service provider may charge for web access on your mobile phone. You are responsible for any fees or other charges that your wireless carrier may charge for any related data services. Check with your service provider for details on specific fees and charges that may apply. Fees separately disclosed to you in connection with your account or any transaction-related fees incurred in using the Services may apply.
  • The MD Services are available only for an account that has been established more than thirty (30) days. Deposits to passbook savings or certificate of deposit accounts are not permitted.
  • When using the MD Services, you may experience technical or other difficulties. The MD Services may be unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. 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 the MD Services, in whole or in part, or your use of the MD Services, in whole or in part, immediately and at any time without prior notice to you.
  • Deposits made through the MD Services are subject to a per check limit of $2,500, with a maximum daily deposit limit of $2,500 per business day. You may deposit up to five (5) items in one business day, as long as the $2,500 daily deposit threshold is not exceeded. We reserve the right to modify these limits, at our sole discretion and without prior notice to you.
  • You agree to use the MD Services to deposit original checks payable to and properly endorsed by the accountholder(s), drawn on a U.S. financial institution and payable in U.S. dollars only.
  • You agree that you will not use the MD Services to scan and deposit any checks or other items such as the following:  (i) cash; (ii) traveler’s checks, cashier’s checks or money orders, or U.S. Savings Bonds; (iii) checks payable to any person who is not an owner of the account to which the deposit is being made (i.e., third-party checks, or checks payable to joint payees for deposit into a single-name account); (iv) checks drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder; (v) checks that display obvious alterations to any of the fields on the front of the check, 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; (vi) checks previously converted to a substitute check; (vii) checks drawn on a financial institution located outside the United States; (viii) remotely created checks; (ix) checks not payable in United States currency; (x) stale-dated or post-dated checks; or (xi) checks or items prohibited by the Bank’s current internal procedures relating to the MD Services or which are otherwise not acceptable under the terms of your account at the Bank.
  • The image of an item transmitted to the Bank using the MD Services must be legible.  Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. We may process the image by preparing a “substitute check” or clearing the item as an image.
  • You agree to restrictively endorse any item transmitted through the MD Services with your signature, the notation “For deposit only,” and your account number. You agree to follow any and all other procedures and instructions for use of the MD Services as the Bank may establish from time to time.
  • We reserve the right to reject any item transmitted through the MD Services, at our discretion, without liability to you. We will notify you of any rejected items. We are not responsible for items we do not receive or for images that are dropped or interrupted during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
  • You agree to complete each deposit promptly and if you are unable to do so, you will ensure that your mobile device remains securely in your possession until the deposit is completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by calling 1-800-9CATHAY if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction.
  • If we receive a scanned item at or before 7:00 p.m. Pacific Time on a business day we are open, we will consider that day to be the day of deposit. If we receive a scanned item after that time, or on a Saturday, Sunday, or federal holiday when we are not open, we will consider the deposit was made on the next business day. Our business days are Monday through Friday.
  • Funds deposited using the MD Services will generally be available on the second business day after the day of deposit. If the Bank will delay availability of the funds for a longer period, you will receive notice indicating when the funds will be available to you.
  • Upon your receipt of a confirmation from the Bank that we have processed the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID.”  You agree to retain the original item for a period of 14 days, after which you will properly dispose of the item to ensure that it is not re-presented for payment. Shredding is recommended. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank’s audit purposes.
  • Deposits made using the MD Services will be provisionally credited to your eligible account. You agree that if any check deposited through the MD Services is subsequently dishonored, rejected or otherwise returned unpaid by the drawee bank, or is rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, that we may charge back the amount of the original check to your account and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You agree to reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to redeposit or otherwise negotiate an original check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
  • You agree to promptly notify the Bank of any suspected errors regarding items deposited through the MD Services, and in no event later than 30 days after the applicable Bank account statement is sent. Unless you notify the Bank within 30 days, such statement regarding all deposits made through the MD Services shall be deemed correct.
  • The manner in which the items are deposited, cleared, presented for payment, and collected shall be subject to the Bank’s Deposit Account Agreement and the specific disclosures governing your account.
  • You agree that the Bank retains all ownership and proprietary rights in the MD Services, associated content, technology, and website(s). Your use of the MD Services is subject to and conditioned upon your complete compliance with the terms in the Agreement. Without limiting the effect of the foregoing, any breach of the Agreement by you immediately terminates your right to use the MD Services. Without limiting the restriction of the foregoing, you may not use the MD Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use the MD Services only for non-business, personal use in accordance with the 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 the MD Services.
  • DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MD SERVICES 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 THE MD SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE MD SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE MD SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE MD SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE MD SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  • 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 THE MD SERVICES 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 THE MD SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
  • You warrant to the Bank that:  (i) each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check; (ii) the amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate; (iii) images will meet the image quality standards specified above; (iv) you will not transmit duplicate items; (v) you will not deposit or represent the original item; (vi) all information you provide to the Bank is accurate, true and complete; and (vii) you will comply with the MD Services terms in the Agreement and all applicable rules, laws and regulations. You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.



SECTION B

The following end user license agreement terms (License Agreement) apply to use of the Mobile Banking downloadable app:

 
  1. Ownership. You acknowledge and agree that a third party provider or licensor to Cathay Bank (“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 Cathay Bank 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”).

  1. License. Subject to the terms and conditions of this License Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this License Agreement. All rights not expressly granted to you by this License 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 License 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.

  1. 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.

  1. Disclaimer of 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-INFRINGEMENT. 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.

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, CATHAY BANK, 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 LESSOR OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

  1. 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 restrictions set for the in this License Agreement.

  1. Miscellaneous. This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This License Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this License 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 License Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this License Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly waived and excluded.
 

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