Online and Mobile Banking Agreement
Acceptance: This Online Banking Agreement (“Agreement”) is comprised of this Agreement, and may include an Online Banking Authorization Form (“Authorization Form”), one or more Set Up Forms, and one or more Addendums covering services related to Online Banking. If you enroll in Online Banking, either through an online enrollment process or by signing and returning an Authorization Form, or if you use any Online Banking Service, you acknowledge that you have received, reviewed, and agree to the terms and conditions of the current Online Banking Agreement, any Authorization Form you have signed, and Setup Forms or Addendums applicable to the Online Banking Service(s), including Attachments thereto, as may be amended or restated from time to time by GWB.
Introduction: This Online Banking Agreement sets forth the terms and conditions for accessing your Great Western Bank accounts and services via Online Banking (“Online Banking”). To the extent reflected in a Setup Form or Addendum hereto, the term “Online Banking” shall include related services such as Bill-Pay, Mobile Banking, and Mobile Remote Deposit Capture, and other services that are listed on the Authorization Form or covered by a Setup Form or an Addendum to the Online Banking Agreement. This Agreement is in addition to other agreements between you and GWB. Except as specifically provided herein, if there is a conflict between the terms and conditions of this Agreement and one or more terms contained in the other agreements between you and GWB, this Agreement will control to resolve the conflict as they relate to Online Banking, but the conflicting terms will remain in effect to the extent they apply in a manner that does not cause a conflict. If you have previously agreed to a version of this Agreement while enrolling in one or more Online Banking Service(s) (defined below), and are subsequently asked to agree to a version of this Agreement to enroll in different Online Banking Services, any Authorization Form(s), Setup Form(s) or Addendums then in effect shall remain in effect and be governed by the terms of this Agreement. References herein to “this Agreement” shall include all applicable Addendums, Exhibits and Schedules hereto, as may be amended or restated from time to time by GWB.
Address Changes: You agree to promptly notify a GWB personal banking representative of any address change, electronic mail address change, and/or any change to your telephone number, and agree to provide any authenticating information needed by GWB to effect such changes.
Disclosures; Notices: The following terms describe current GWB Policies, Notices and Disclosures affecting your Online Banking Services and/or Registered Accounts (defined below):
Account Terms and Conditions: “Account Terms and Conditions” means the Terms and Conditions of your Account Agreement that GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
EFT Rights and Responsibilities: “EFT Rights and Responsibilities” means the document entitled “Electronic Funds Transfers--Your Rights and Responsibilities” which GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
Electronic Communications Disclosure: “Electronic Communications Disclosure” means the Disclosure that GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
Funds Availability: “Funds Availability” means GWB’s policy as described in the Funds Availability Disclosure which GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
General Notices: Current Notices affecting your Online Banking Services means any notices that have been communicated to you or which have been posted on the GWB website located at www.greatwesternbank.com
Schedule of Fees: “Schedule of Fees” means the Schedule of Fees that was provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
Definitions: To the extent not otherwise defined herein or in an Addendum hereto, the following terms shall have the following meanings:
- “Bill Pay Service" means each of the variety of products and services through which you can initiate bill payments directly from GWB to a payee, including but not limited to Online Bill Pay, Bill Pay, Classic Bill Pay, Bill Pay-e Plus, eBill, or iPay.
- “Customer,” “you” and “your” means the party identified as “Customer” on the Authorization Form, and any duly authorized agent thereof.
- “Handheld Device” includes a cell phone or personal digital assistant satisfying hardware and software requirements as specified by GWB from time to time.
- “Mobile Banking Service” means each of the variety of products and services you may access through a Handheld Device. These products and services include, but are not limited to, browser and text banking. Not all Registered Accounts are accessible through the Mobile Banking Service.
- “Online Banking Service” means each of the variety of products and services you may access or enroll in through the Web Site.
- “Owner” means each person who is an owner of a Registered Account as reflected in GWB’s books and records, and includes any authorized signer on such Registered Account as reflected in GWB’s books and records.
- “Registered Account” or “Account” means each GWB account you have with GWB which is registered, as provided herein, for access via an Online Banking Service.
- “Service” or “Services” means GWB Online Banking Services, and includes all applicable Registered Accounts and Online Banking Services you can access via the Web Site persuant to this Agreement.
- “We”, ‘‘us’’, “our”, “Bank”, “Great Western Bank” and “GWB” means Great Western Bank and any affiliate, agent, independent contractor, designee, or assignee GWB may, at its sole discretion, involve in the provision of a Service.
- “Web Site” or “Site” means the GWB website(s) and all other web pages maintained by GWB and accessible through www.greatwesternbank.com. It also includes any other website or web pages you can access only after you, or a person for whom you are acting as an authorized signer, enter into this Agreement as a condition to access.
Accessing your GWB Accounts through Online Banking Requirements: To access your Registered Accounts through Online Banking, you must have one or more eligible GWB accounts, an Online Banking User ID and a personal identification number (“PIN”). Your PIN will give you access to your GWB accounts through Online Banking. This PIN can be changed through Online Banking from the Options screen. Your Online Banking PIN is not applicable to any other Services in which you enroll, including Mobile Banking or Bill Pay Services, and you may be asked to provide a separate PIN to access those Services. GWB is entitled to act on instructions received when your PIN is used. For security purposes, it is recommended that you memorize your PIN and do not write it down. You are responsible for keeping your PIN and account data confidential. We also recommend that you change your PIN regularly. If you believe your PIN may have been lost or stolen or someone has transferred or may transfer funds from your account without your permission, notify a GWB Representative immediately. In addition, you must have adequate software on your personal computer (or Handheld Device, if applicable) to utilize Online Banking, which software meets the Technical Specifications described and periodically updated at:
Accounts and Services Accessible through Online Banking are available on the Online Banking page of the GWB website at www.greatwesternbank.com
Fees and Charges: You are responsible for any telephone or connectivity charges which you may incur by accessing your GWB accounts and/or services through Online Banking. Your consent to this Agreement, including all Addendums hereto, does not change in any respect the terms and conditions of your existing agreements with other parties, including online or mobile service providers. Other fees, as described in the applicable Account Disclosure, may apply to services ordered or accessed online and to transfers from a credit account. You agree to promptly pay all applicable fees and charges. Please note that additional non-banking fees may be assessed and billed separately by your online service or mobile service provider, whose message and data rates may apply.
Electronic Mail (E-Mail): Sending E-mail is a way to communicate with GWB, but because your E-mail is actually sent via your own E-mail software and not through GWB’s Online Banking Services, E-mail transmissions may not be secure. Because of this, you should not include confidential information, such as account numbers, balances, social security numbers, etc. Great Western Bank is specifically not liable for any errors, omissions, claims or problems of any kind involving your E-mail or mobile device. You cannot use E-mail to initiate transactions on your Account(s). For banking transactions, please use the appropriate functions within Online Banking or Mobile Banking or call a GWB Customer Service Representative.
Export Control: You acknowledge that your use of the Services is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Services or any component part thereof. You agree that you will not directly or indirectly use the Services to violate applicable United States export laws and regulations. Without limitation, you agree that you will not use the Services in any embargoed or sanctioned country such as Cuba, Iran, North Korea, Sudan, and Syria.
Benefits of Using Online Banking: Through Online Banking, you can manage your eligible Accounts from your home or office on your personal computer and, for Mobile Banking, through your authorized Handheld Device. You can use Online Banking to:
- Confirm Deposits & Withdrawals
- Initiate Transfers
- Pay Bills
- Make Loan Payments
- View & Print Check & Statement Copies
A complete list of Online Banking Services can be found on our Web Site at:
New Services: The above Services are referred to as “Online Banking Services”. GWB may from time to time, introduce new Online Banking Services. By using these Services when they become available, you agree to be bound by the terms, rules and restrictions contained in this Agreement.
Payment Account: You must designate a payment Account (usually a checking account) for certain services such as Bill Pay Services. You authorize GWB to charge the Account you have designated as the payment account or any other Account for the applicable fees if you do not otherwise pay them in a timely manner. If you close your designated payment account, you must notify GWB and identify a new payment account for the selected Services. Additionally, if you close all accounts at GWB, you will no longer be allowed to use Online Banking Services, and must notify a Customer Service Representative to cancel your Online Banking Services and pay any amounts due.
Hours of Accessibility: You can usually access your accounts through Online Banking seven (7) days a week, 24 hours a day. However, at certain times, some or all of Online Banking Services may not be available due to system maintenance or reason beyond our control. GWB specifically does not warrant that Online Banking will be available at all times. During these times when Online Banking is not available, you may use Express™ 24-Hour Phone Banking, a GWB ATM, or a GWB branch to conduct your transactions. A transfer initiated through Online Banking before 7 P.M. Central Standard Time (CST) on a Business Day is posted to your account the same day. All transfers completed after 7 P.M. CST on a Business Day or on a Saturday, Sunday or banking holiday will post the next business day. Business Days are Monday - Friday, except for federal banking holidays.
Errors Or Questions: In case of questions or errors about online funds, transfers or bill payments made through Online Banking involving a GWB account, you should call GWB Customer Service at 800-952-2043. Write Customer Service at Great Western Bank, attn: Online Banking, PO Box 2345, Sioux Falls, SD 57101 as soon as you identify any errors or discrepancies in your statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement or notice on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within (10) business days. When you write, please include the following information:
- Your name and account number
- Describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need.
- Tell us the dollar amount of any suspected error.
- For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.
This section shall apply only in the absence of error resolution instructions for specific GWB products or services. In the event a conflicting error resolution process is set forth in a separate, specific account or service agreement you have with GWB, you should follow the error resolution process set forth in the other agreement.
Governing Law: This Agreement shall be governed by the laws and judicial decisions of the State of South Dakota, applicable to contracts entered into and performed entirely within the State of South Dakota, without regard to the conflicts of laws principles thereof. All disputes, controversies or claims arising out of or relating to this Agreement, which are not settled by the parties hereto shall be settled by binding arbitration conducted by the American Arbitration Association (“A.A.A.”) in Sioux Falls, South Dakota, in accordance with the A.A.A. Commercial Arbitration Rules then in effect (and not under any other or ancillary rules or procedures such as the Supplementary Procedures for Consumer-Related Disputes or the Wireless Industry Arbitration Rules). Any claims shall be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The award rendered in any arbitration will be final and binding, and may be enforced in any court of competent jurisdiction. You and GWB agree that each will bear its own costs and fees incurred in any arbitration hereunder, and that the arbitrator shall not have the power or authority to award costs or fees to a prevailing party.
Security Procedures: By using any Online Banking Services, you agree to abide by any security procedures which GWB sets forth for electronic/online/mobile banking transactions. You agree that any such security procedures are commercially reasonable, and you agree that any transactions (including funds transfer instructions, as applicable) initiated by you or through your accounts will be made in compliance with such procedures and may be relied on by GWB, unless you previously gave GWB notice of unauthorized use, and GWB had a reasonable opportunity to respond to and act on such notice of unauthorized use.
Risk of Loss: In the event of a GWB system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any such system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Terms And Conditions: The first time you access any of your accounts through Online Banking, you agree to be bound by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of all applicable disclosures.
In addition to this Agreement, you may have a separate agreement for each of your Registered Accounts and Online Banking Services, and those agreements will continue to apply to each of them. If this Agreement conflicts with another agreement regarding Online Banking Services, then this Agreement will take precedence, unless this Agreement specifically states otherwise, with respect to the Registered Account or Online Banking Service it is associated with. However, the conflicting terms will remain in effect to the extent they apply in a manner that does not cause a conflict hereunder.
Amendment And Termination: GWB has the right to change, amend or restate this Agreement and/or any Addendum, Exhibit or Schedule hereto at any time by notice mailed to you at the last address shown for the Account on GWB’s records, by posting notice in branches of GWB or GWB’s website or as otherwise permitted by law. Upon receiving notice of any such changes, you agree to be bound to such changes, or, if you do not agree to such changes, you should discontinue your use of the Services. You may terminate this Agreement and/or any Addendum hereto by notifying GWB at least seven (7) days in advance in writing to Great Western Bank, P.O. Box 2345 Sioux Falls, SD 57101. GWB is not responsible for any transaction made or initiated before GWB has a reasonable opportunity to act on your termination notice. GWB also has the right to terminate this Agreement and/or any Addendum hereto at any time. You remain obligated for any transactions initiated prior to such time of any termination, and for any payments made by GWB on your behalf.
Subject to the terms and conditions of this Agreement, you may use the Online Banking Service to access your Registered Accounts, obtain Online Banking Services, and perform authorized transactions through the Web Site. The eligible Registered Accounts and Online Banking Services are described on our Web Site and may change from time to time, at our sole discretion. You agree that you are responsible for acquiring and maintaining a computer or any other electronic device and equipment that can properly access the Online Banking Service. You are also responsible for all fees and costs associated with accessing the Online Banking Service and your Registered Accounts. With respect to your Registered Accounts, available transactions may include obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous Business Day.
If a Registered Account is owned by more than one person or has more than one authorized signer, you agree that each such person will individually have the right to effect any transactions on such Registered Account provide GWB with instructions to effect such transaction or make any request associated with any Registered Account and related Online Banking Services, to the extent allowed by the terms, conditions or governing provisions of the Registered Account. Representatives acting as your agent, or otherwise on your behalf, with regards to the Registered Account(s), will be bound by this Agreement and any separate agreement governing the Registered Account or Online Banking Service, however you will at all times remain responsible for their actions. GWB may rely and act on the instructions of any such person without liability to you. All transactions that an authorized signer performs on a Registered Account or Online Banking Service, including those you did not authorize, are nevertheless deemed authorized by you. You are solely responsible for those transactions, and GWB is not responsible for them. You agree that any requirement of verifying two or more signatures on any item, such as checks, will not apply to electronic or telephone transfers, and GWB will have no liability when allowing these kinds of transfers without the requisite verification. Notwithstanding any provision hereof, or any provision of any other agreement between you and GWB, you acknowledge and agree that any person who is reflected on GWB’s records as authorized signer on your Registered Account is authorized by you to individually make electronic or telephone transfers, even if such person’s authority to transfer or withdraw funds from your account(s) by some other means such as by writing a check, must be exercised jointly with one or more other person(s).
GWB shall not be liable or responsible for failure to perform, delays or errors, which occur by reason of acts of civil or banking authorities, national emergencies, labor difficulties, acts of God, insurrection, war, power supply failure, malfunctions or unavoidable difficulties with GWB’s wire transfer equipment, or any other cause or condition beyond GWB’s control.
DISCLAIMER: THE SERVICES AND RELATED DOCUMENTATION IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, GWB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES. YOU UNDERSTAND THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THAT THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND THAT YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
GWB Services: To enroll in any GWB product or service offerings, you will be required to execute, in a manner satisfactory to GWB, certain documents which may include agreeing online. In such instances, the terms of this Agreement and the applicable Addendums, Exhibits and Schedules hereto shall apply and govern your use of such products and Services. In addition, account disclosures can be accessed via links in this Agreement and/or the applicable Addendums, Exhibits and Schedules set forth herein or therein.
MOBILE BANKING SERVICE ADDENDUM
This Mobile Banking Service Addendum is part of, and subject to the terms of, the Online Banking Agreement, the terms of which are incorporated herein by this reference. Capitalized terms used herein without definition shall have the meanings given such terms in the Online Banking Agreement. To the extent of a conflict in the terms of this Addendum with the terms of the Online Banking Agreement, the terms of this Addendum shall govern.
Mobile Banking: Mobile Banking is a personal financial information management service that allows you to access GWB account information, make payments to payees and make such other banking transactions as are described herein or on our Web Site at www.greatwesternbank.com. The term “Mobile Banking Services” includes and refers to the GWB Mobile App, Text Banking, and Mobile Web services. To utilize the Mobile Banking Services, you must be the owner of a Registered Account with GWB, and you must have a compatible and supported Handheld Device. Once you have properly enrolled in Mobile Banking and installed any necessary software, your enabled Registered Accounts will be accessible through your Handheld Device. We reserve the right to modify the scope of the Mobile Banking Services at any time. The most up-to-date list of Mobile Banking Services is posted on the Mobile Banking page of our website at www.greatwesternbank.com. We reserve the right to refuse to make any transaction you request through the Mobile Banking Services. You agree and understand that the Mobile Banking Services may not be accessible or may have limited utility over some wireless networks, such as while roaming. Certain Mobile Banking Services may be available for some carriers and not for others. All terms applicable to Online Banking apply to Mobile Banking Services. You are first required to have Bill Pay features set up previously in Online Banking to use these functions in the Mobile Banking Services.
Mobile Web: Internet access is needed to use the Mobile Web Site. Your wireless carrier's message and data rates may apply. Check with your wireless carrier. Refer to GWB’s Mobile Internet Access Guide for further information and features.
Text Banking: GWB offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over text messaging, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Message and data rates may apply. Although GWB does not charge any fee for Text Banking services, your mobile service provider may assess a charge (including data rates) for your sending and receiving text messages on your Handheld Device. Message frequency depends on account settings. Charges which you incur through your wireless carrier will appear on your wireless bill. Your carrier does not guarantee the availability or functionality of GWB’s text banking product. If you change wireless carriers, you may be required to re-enroll. Check with your service provider for details on specific fees and charges that may apply. Text HELP to 53390 for help, or text STOP to 53390 to cancel. You may also contact GWB by phone at 1-800-952-2043, or by mail at Great Western Bank, P.O. Box 2345 Sioux Falls, SD 57101 for assistance or to cancel the service. Text Banking is not available on all carriers. Supported carriers include the following:
|Sprint/Nextel||T-Mobile®||US Cellular®||Verizon Wireless||Virgin Mobile|
See Great Western Bank’s Text Banking Guide for further information and features.
GWB Mobile App: GWB’s Mobile App is a downloadable Mobile Banking application which allows you to perform certain banking tasks from your Handheld Device. See GWB’s Mobile App Guide for further information and features.
Mobile Banking Services will also support certain other GWB services, such as Bill-Pay Services and Remote Deposit Capture, if you have entered into other agreements with GWB to subscribe to those services. You will need a current GWB account to access Mobile Banking Services. Access to Mobile Banking Services is subject to network coverage of your mobile service provider and your subscription with them for mobile/wireless internet. To use Mobile Web and any Mobile Banking Services Applications, your Handheld Device will need to be enabled for internet browsing. Your mobile service provider's message and data rates may apply. You will need your Mobile Banking-specific User ID and PIN to access Mobile Banking Services.
Your use of Online Banking or Mobile Banking Services may also be affected by the agreements between GWB for your enabled GWB accounts. Your enabling an account to Online Banking or Mobile Banking Services does not change any account agreements you already have with GWB for such account(s), but in the event the terms of this Addendum contradict with any other agreement you have with GWB, the terms of this Addendum shall control except as specifically provided herein. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Banking Services.
By participating in the Mobile Banking Service, you are representing to GWB that you are the Owner or you have the authority to act on behalf of the Owner of the mobile phone number or E-mail address you are using to send or receive messages regarding any transactions, including money transfers, affecting any Registered Account. You also represent to GWB that you are of the age of majority in your respective state, that you are agreeing to the terms and conditions persented here, and that you are the owner of the Registered Accounts involved in your Mobile Banking transactions. In addition, you are consenting to the receipt of E-mails, push notifications, or automated text messages from GWB, or its third party providers, regarding the transactions and represent to GWB that you have obtained the consent of the recipients of your intended transfers to the receipt of such E-mails or automated text messages.
USE OF THE INTERNET OR HANDHELD DEVICES TO ACCESS YOUR ACCOUNTS WITH GWB OR TO CONDUCT BANKING TRANSACTIONS IS INHERENTLY RISKY. GWB is not responsible for the security and confidentiality of the Registered Account information if you: (a) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded, or (b) allow other persons access, authorized or not, to your personal computer or Handheld Device. You understand and agree that you assume any and all risk that any Registered Account information you transmit or download and store in your personal computer, Handheld Device or related software may be accessed by unauthorized third parties. If you download, store or transmit any information in a manner that is not secure, GWB cannot be responsible for the security and confidentiality of that information, or any errors or omissions in the delivery or transmission of the Registered Account information from GWB to you. You (and any other Owner) are solely responsible for the security and confidentiality of such Registered Account information. You agree that any Registered Account information that you download, store or transmit is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or its storage in a computer or other electronic device. You acknowledge that text messages you receive from GWB are not encrypted, and agree that neither you nor GWB will transmit sensitive information through text messaging.
GWB has no duty to monitor the online transfers or payments that you make. You assume the entire risk of using the Online and Mobile Banking Services properly to ensure that funds are transferred and bills are paid properly and timely. GWB will not be responsible for any charges imposed or any other action taken by a payee/merchant resulting from a bill payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, GWB will not be liable if any third party through whom any bill payment is made fails to transmit the payment or the payment instruction properly to the intended payee/merchant, or if the merchant/payee or its bank fails to transmit a payment instruction or record a bill payment properly.
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (A) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in Third Party Software (as defined below); (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully harassing; (g) potentially be perceived as illegal, offensive, or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking, (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such manner as to gain unauthorized entry or access to the computer systems of others.
In using the Online Banking Services, you understand that payees may return payments for various reasons such as, but not limited to, payee’s account number is not valid; payee is not available to locate account; or payee’s account is paid in full. GWB will use reasonable efforts to research and correct the returned payment and return it to your payee, or void the payment and credit your account.
You agree that GWB will not be liable to you or any Owner for: (a) your inability to use the download, transfer and/or bill pay option; (b) the accuracy, timeliness, loss or corruption, or misdelivery of any Registered Account information, transfer, bill payment or any other information; (c) unauthorized access to your Registered Account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions; or (d) your inability to access your Registered Account for any reason whatsoever, including failure of any software or hardware, interconnectivity problems with communications providers or Internet service providers, natural disasters, strikes, or other events outside of GWB’s control.
Third-Party Software. From time to time, GWB may provide you the option of downloading certain third-party software, products and/or content, including Mobile Banking Services Applications, to your Handheld Device (“Third Party Software”). You acknowledge and agree that, although GWB may provide you with the opportunity to obtain a license to use such Third Party Software, you, and not GWB, are solely responsible for obtaining such valid and separate license agreements as are required by the provider of such Third-Party Software. In addition, by accessing such Third Party Software, you may become subject to certain disclosures, notices and limitations of liability, and you agree that GWB will have no liability for or obligations regarding your access to and/or use of such Thirds Party Software. Certain functionality included in such Third Party Software may allow the provider of such Third party Software to access certain personal information of yours, including your whereabouts from time to time. You should only download applications, including bank apps, from reputable sources to avoid malware and viruses that may compromise their information. GWB does not monitor, review, or endorse any Third-Party Software.
You understand and agree that (a) you assume any and all risk that any Third-Party Software you download and install, or any information you enter into the Third-Party Software, may be accessed by unauthorized third parties; (b) if you use the Third-Party Software to transmit information, you and the Third-Party-Software provider, and not GWB, are responsible for the security and confidentiality of that information; (c) any Third-Party Software that you download is done at your own risk and you, and not GWB, are solely liable and responsible for any loss or damage (including any loss or corruption of data) that might occur to the personal computer or other electronic device, including your Handheld Device, from which you access, or to which you download/install, any Third-Party Software. You also agree that you are solely responsible for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the Third-Party Software, including any necessary equipment such as a modem, and that you are responsible for all costs associated with accessing the Third-Party Software. Furthermore, you accept the responsibility to install updates, patches, or other modifications to the Third-Party Software as provided to you by GWB or its affiliates
Disclaimers for Third-Party Software. You agree that, as between you and GWB, any Third-Party Software you access or download is provided to you “as is”, and GWB makes no warranties and shall have no liability as to: (a) the accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software; (b) any errors or omissions in the delivery, transmission or installation of the Third-Party Software, even if transmitted from GWB to you; and (c) such Third-Party Software’s merchantability, fitness for a particular purpose and non-infringement of any third-party rights. Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
You agree that GWB will not be liable to you for: (a) your inability to download, use or access any Third-Party Software; (b) the accuracy, timeliness, loss or corruption, or improper delivery, of any information, including Registered Account information, accessed, transmitted, processed or stored by any Third-Party Software; or (c) unauthorized access to any of your account information, including Registered Account information, and any misappropriation, loss, destruction, corruption, or alteration of such information or data as a result of your access to or installation or use of such Third-Party Software.
You understand that some states do not allow limitations on liability and implied warranties lasts, so that the above limitations may not apply to you. You may also have other rights, which vary from state to state.
ATTACHMENT 1 TO MOBILE BANKING SERVICE ADDENDUM
CLAIRMAIL LICENSE TO SOFTWARE
LICENSE TO USE SOFTWARE
Subject to your compliance with all terms and conditions set forth in these terms, Great Western Bank hereby grants to you, the end user, a personal, limited, non-commercial, non-transferable, non-sublicensable, non-assignable, revocable license to use one (1) copy of the Software, in object code form (“Software”), solely on the mobile device for which that Software was created, for the sole purpose of personally using he Great Western Bank mobile banking services (“Service”). The Software is provided to Great Western Bank under license by ClairMail, Inc. Except for those rights expressly granted under these terms, ClairMail reserves all right, title, and interest in and to the Software, and no other rights are granted, either express or implied, to you. You acknowledge and agree that ClairMail and its affiliates are intended third-party beneficiaries of these terms, and that, upon your acceptance of these terms, ClairMail and its affiliates will have the right (and will be deemed to have accepted the right) to enforce these terms against you.
If you download the Software from the Apple, Inc. App Store, Great Western Bank and you acknowledge that these terms are entered into solely between you and Great Western Bank, and not with any third party, including Apple, Inc. These terms are not intended to provide for usage rules of the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that, in the event any third party can claim that your possession or use of the Software or Service infringes any third party’s intellectual property rights, as between Great Western Bank and Apple, Great Western Bank will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; Apple has no responsibility for addressing any claims relating to the Software or Service, including but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software or related mobile banking services fail to conform to any applicable legal or regulatory requirement; and (iv) any claims arising under consumer protection or similar legislation; and Apple and its subsidiaries are intended third-party beneficiaries of these terms, and that, upon your acceptance of these terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these terms against you.
You must comply with all applicable laws when using the Software or Service. You will not, and will not permit anyone else to, access or use the Software or Service in any way Great Western Bank deems illegal or otherwise wrongful or inappropriate. You will not: (a) reverse engineer, decompile, or disassemble the Software; (b) modify, translate, adapt, arrange, or create derivative works based on the Service or the Software; (c) export the Software in violation of applicable export control laws; (d) remove or alter any identification, copyright, or other notices included as part of the Software or Service; (e) use the Software or Service in a manner that threatens the integrity, performance, security, or availability of the Service, or in a way that may subject Great Western Bank, its licensors, suppliers, publishers, or any third party to harm or liability; (f) use the Service while driving a motor vehicle; (g) distribute, rent, loan, lease, sell, sublicense, copy, or otherwise transfer all or part of the Software; or (h) grant any access to the Software or the Service, or any of the rights granted hereunder, to any other person.
You may terminate your use of the Software at any time by deleting the Software from your mobile device. Great Western Bank may terminate these terms and your access to the service, at any time, for any reason. If Great Western Bank suspects that you have violated any provision of these terms, Great Western Bank may also seek any other available legal remedy. Your rights under these terms will terminate automatically if you fail to comply with any of these terms. You remain solely liable for all obligations related to use of the Software or Service from your mobile device, even after you have stopped using the Software or Service. Neither Great Western Bank nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.
If you provide feedback to Great Western Bank regarding the Software or Service (“Feedback”) you authorize Great Western Bank to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Great Western Bank a perpetual, irrevocable, fully-sublicensable and assignable license to use the Feedback in any manner and for any purpose.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREAT WESTERN BANK, ITS LICENSORS, SUPPLIERS, AND PUBLISHERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLULDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GREAT WESTERN BANK DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SOFTWARE OR SERVICE OR THAT ANY DATA SENT BY YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SOFTWARE AND SERVICE, INCLUDING ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT WESTERN BANK, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
If the Software that you download from the App Store fails to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid for the Software, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is Great Western Bank’s sole responsibility.
LIMITATION OF LIABILITY
NEITHER GREAT WESTERN BANK, NOR ITS LICENSORS, SUPPLIERS, OR PUBLISHERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOU ACCESS OR USE OF THE SOFTWARE OR SEVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF GREAT WESTERN BANK, ITS LICENSORS AND SUPPLIERS, PARTNERS, AND YOUR CARRIER TO YOU FOR ANY CLAIM RELATED TO THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $10. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold Great Western Bank, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and publishers harmless from any costs, damages, expenses, and liability caused by your use of the Software or Service, your violation of these terms, or your violation of any rights of a third party through use of the Software or Service.