Terms and Conditions Governing BACUP CREDIT UNION LTD On-line Account Access
BACUP CREDIT UNION LTD provides services to the Member through BACUP CREDIT UNION LTD On-Line Account Access, subject to the Member's acceptance of the terms and conditions set out below.
Words in bold print in this
Definitions Clause have the meanings respectively set under them when used in
this Agreement and, where the context admits, the singular form shall include
the plural form and vice versa.
An account denominated in Pounds Sterling (whether in sole or joint names) maintained with BACUP CREDIT UNION LTD and designated by the Member as an account which may be utilised in availing of the On-Line Account Access service.
A person who maintains an Account with BACUP CREDIT UNION LTD.
The agreement concluded between BACUP CREDIT UNION LTD and the Member for the purposes of receiving the any of the On-Line Account Access Services through BACUP CREDIT UNION LTD On-Line Account Access which consists of (1) the Registration Process(es); (2) these Terms and Conditions; (3) the Privacy and Security Policy appearing on the Website from time to time; and (4) the Data Protection Notice. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.
BACUP CREDIT UNION LTD On-Line Account Access
The online system made available by BACUP CREDIT UNION LTD for approx. 24 hours a day to enable the Member to access and utilise Services via the internet and/or other internet technology-based telecommunication media by accessing the Website.
On-Line Account Access Services
The services which BACUP CREDIT UNION LTD will supply, at its discretion, to a Member from time to time through BACUP CREDIT UNION LTD On-Line Account Access which may include (without limitation) allowing a Member to: (a) access to information on an Account, including the balance of, and details of recent transactions on, the Account; (b) request statements on an Account; (c) apply for or access personal loan facilities; (g) access balance and other statement information in relation to other BACUP CREDIT UNION LTD services provided to the Member;
A day on which BACUP CREDIT UNION LTD is open for general business "non business day" shall be construed accordingly.
A credit union for the purposes of the Credit Union Act 1997.
Member Service Adviser
An employee or agent of BACUP CREDIT UNION LTD authorised to provide assistance to the Member in relation to the Member's use of BACUP CREDIT UNION LTD On-Line Account Access.
Data Protection Notice
The data protection notice which sets out the terms upon which the Member's personal data received in respect of this Agreement will be gathered and processed, and which is published on the Website, together with any consents the Member has given to BACUP CREDIT UNION LTD Group regarding use of his/her personal data.
The official currency of the United Kingdom, its Crown Dependencies and British Overseas Territories.
An Account or any third party account maintained with BACUP CREDIT UNION LTD, or with a credit institution other than BACUP CREDIT UNION LTD, designated by the Member for receipt of funds through the BACUP CREDIT UNION LTD On-Line Account Access Service.
Such of the Accounts as are designated by the Member for access through the BACUP CREDIT UNION LTD On-Line Account Access Service.
Non-Business Day Period
Any non-business day or consecutive non business days preceding a Business Day, e.g. Sunday would constitute a Non-Business Day Period where Monday is a Business Day.
Personal Identification Number
The personal identification number, consisting of not more than six digits, allocated to the Member by BACUP CREDIT UNION LTD for use in conjunction with the Registration Number or which the Member chooses, with BACUP CREDIT UNION LTD's consent, through BACUP CREDIT UNION LTD On-Line Account Access Service.
Privacy and Security Policy
The document called "Privacy and Security Policy" published on the Website from time to time.
The process(es) which must be properly and fully completed by an Account Holder applying to BACUP CREDIT UNION LTD for the provision of On-Line Account Access Services using BACUP CREDIT UNION LTD On-Line Account Access, including, but not limited to, application forms, online application forms and forms completed by the Member or by a Member Service Adviser on behalf of the Member, or information given to a Member Service Adviser by the Member.
The Registration Number allocated by BACUP CREDIT UNION LTD to the Member in connection with BACUP CREDIT UNION LTD On-Line Account Access.
The fully automated facility available to the Member in connection with BACUP CREDIT UNION LTD On-Line Account Access Service which enables the Member to access and utilise the Services attaching to this facility.
Terms and Conditions
The terms and conditions governing the provision of the BACUP CREDIT UNION LTD On-Line Account Access to the Member, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.
The Account Holder to whom (or, in the case of joint Accounts, to each of whom) is issued a Registration Number and PIN.
Any page containing the URL www.BACUPcreditunion.com
Use of BACUP CREDIT UNION LTD On-Line Account Access
1. Availability and Security
1.1 BACUP CREDIT UNION
LTD On-Line Account Access Services are made available to a Member by BACUP
CREDIT UNION LTD in respect of Accounts in BACUP CREDIT
1.2 BACUP CREDIT UNION LTD On-Line Account Access (including the Services delivered through it), the Registration Number and PIN must be used by the Member strictly in accordance with this Agreement.
(a) The PIN (if requested) will be provided by BACUP CREDIT UNION LTD direct to the Member. The Member must not disclose the PIN whether directly or indirectly, to any other person (including, but not limited to, any account aggregation service provider). Should the Member know or think it possible that the Registration Number or PIN has become known to any other person the Member shall immediately effect a change to the PIN through BACUP CREDIT UNION LTD.
(b) The Member shall disconnect and exit BACUP CREDIT UNION LTD On-Line Account Access Service when not availing of the Services.
2.1 The equipment necessary for the Member to access BACUP CREDIT UNION LTD On-Line Account Access Service shall be provided and be maintained by and at the expense of the Member and BACUP CREDIT UNION LTD may change the requirements for such equipment from time to time.
3.1 The Member undertakes to BACUP CREDIT UNION LTD to comply strictly with this Agreement. The Member acknowledges that his or her compliance with this Agreement is designed to minimise the risk of unauthorised use of BACUP CREDIT UNION LTD On-Line Account Access Service. The Member agrees to indemnify BACUP CREDIT UNION LTD in full in respect of any loss or damages which may arise to BACUP CREDIT UNION LTD, the Member or any third party as a consequence of the Memberís non-compliance with this Agreement.
4.1 BACUP CREDIT UNION LTD shall be entitled, but not obliged, to record all communications from, or instructions given by, the Member to BACUP CREDIT UNION LTD, or messages sent by BACUP CREDIT UNION LTD to the Member through BACUP CREDIT UNION LTD On-Line Account Access Service.
(a) The Member shall ensure that all instructions given by the Member to BACUP CREDIT UNION LTD through BACUP CREDIT UNION LTD On-Line Account Access Services are accurate and complete. In particular, prior to confirming any instruction to BACUP CREDIT UNION LTD, the Member shall ensure that the instruction which is relayed back to the Member confirming the instruction that the Member sent through BACUP CREDIT UNION LTD On-Line Account Access is the instruction which the Member intends to give. BACUP CREDIT UNION LTD is entitled to rely on any instruction from the Member using BACUP CREDIT UNION LTD On-Line Account Access, and, for the avoidance of doubt, the processing by BACUP CREDIT UNION LTD of any such confirmed instruction shall be final and binding on the Member.
(b) BACUP CREDIT UNION LTD is authorised to provide the Member with account balance information in respect of all accounts currently or at any future time opened in the name of the Member with BACUP CREDIT UNION LTD
(c) BACUP CREDIT UNION LTD is authorised to provide to the Member any or all of the Services which may be accessed and availed of through BACUP CREDIT UNION LTD On-Line Account Access Services in accordance with the Member's instructions given to BACUP CREDIT UNION LTD through BACUP CREDIT UNION LTD On-Line Account Access Service.
5. Information on Account Balances and Statements
5.1 The Member acknowledges that any Account balance quoted through BACUP CREDIT UNION LTD On-Line Account Access Service is the balance at the relevant close of business for that Account on the Business Day prior to the day of the quotation and that the balance may not be appropriately adjusted to include any debit or credit (whether paper or electronic) transactions processed or issued since the close of business. The Member accepts that, as the Account balance quoted may contain uncleared transactions, it may be adjusted in the event of non-payment of any such transactions and may not be fully up to date.
5.2 The Member shall carefully examine any account information (including Account statements and balances) received by the Member, or any other information provided by BACUP CREDIT UNION LTD to the Member, through the On-Line Account Access Service from time to time and shall report any errors or omissions to BACUP CREDIT UNION LTD in writing within 30 days from the date of despatch of such statements or receipt of such information. In the event that no error or omission is reported by the Member within the time specified, BACUP CREDIT UNION LTD shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent BACUP CREDIT UNION LTD or the Member subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.
6. Termination of the Agreement
6.1 BACUP CREDIT UNION LTD may terminate the Agreement and withdraw BACUP CREDIT UNION LTD On-Line Account Access:
(a) on giving the Member at least 10 Business Days prior written notice;
(b) immediately upon breach by the Member of any of the terms of this Agreement or where there are serious grounds for doing so and provided the Member is informed by notice in writing as soon as is reasonably possible after termination;
(c) immediately upon the bankruptcy or other contractual incapacity of the Member;
(d) if the Member has not accessed BACUP CREDIT UNION LTD On-Line Account Access in any period of 12 consecutive months; or
(e) if BACUP CREDIT UNION LTD reasonably believes that any of the On-Line Account Access Services have been used negligently, illegally or fraudulently by the Member, or by a third party as a result of the Member's negligence or recklessness.
6.2 This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. The Member may terminate the Agreement at any time by giving BACUP CREDIT UNION LTD not less than 10 Business Days prior written notice to that effect, but without prejudice to the Member's liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.
6.3 Notwithstanding the death or incapacity of the Member all payments made by BACUP CREDIT UNION LTD at the debit of any Account, including the Nominated Account, shall be valid and binding upon the Member and the Member's estate or legal representative if made prior to the receipt by BACUP CREDIT UNION LTD of written notice of such death or incapacity.
6.4 BACUP CREDIT UNION LTD reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the On-Line Account Access Services. BACUP CREDIT UNION LTD is not responsible for any loss the Member may incur as a result of any transaction not being processed as part of the On-Line Account Access Services after termination of the Agreement or after any suspension or withdrawal of the Banking Services.
7. Variations of the Agreement
Where BACUP CREDIT UNION LTD is not required to notify the Member otherwise by law, BACUP CREDIT UNION LTD may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon the Member 14 days after notice of such alteration has been sent to the Member by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by electronic message through BACUP CREDIT UNION LTD On-Line Account Access Services including by notice on www.BACUPcreditunion.com. The Member shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including the Member's liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.
8.1 Save where expressly provided, any notice required to be given by the Member to BACUP CREDIT UNION LTD in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to BACUP CREDIT UNION LTD,6 Great Clowes Street, BACUP, Lancashire, M7 1RE.
8.2 Save where expressly provided, any notice required to be given by BACUP CREDIT UNION LTD to the Member in connection with the subject matter of this Agreement may be given by any of the following means: through the post, by advertisement published in at least one national daily newspaper or by notice on www.BACUPcreditunion.com.
9. Use of Information and Confidentiality
9.1 Subject to the terms of the Privacy and Security Policy, and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by the Financial Regulator or other competent statutory or regulatory authority, BACUP CREDIT UNION LTD shall ensure that all confidential personal data of a Member held by BACUP CREDIT UNION LTD in relation to BACUP CREDIT UNION LTD On-Line Account Access Services shall only be accessible to BACUP CREDIT UNION LTD, its agents or a company controlled by BACUP CREDIT UNION LTD and shall be processed or used by them for purposes and in a way compatible with the discharge of BACUP CREDIT UNION LTD's obligation to the Member under the Agreement.
9.2 The Member shall ensure that all information obtained from BACUP CREDIT UNION LTD by the Member relating to BACUP CREDIT UNION LTD's operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by the Member in strictest confidence and shall not be disclosed by the Member to any third party unless it is already in the public domain.
10. Intellectual Property
10.1 The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by BACUP CREDIT UNION LTD for the purposes of providing the On-Line Account Access Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in BACUP CREDIT UNION LTD or its licensors. The Member shall use such material only for the purpose of receiving the On-Line Account Access Services, as contemplated by this Agreement.
10.2 Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by BACUP CREDIT UNION LTD or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without the prior consent of BACUP CREDIT UNION LTD, other than that a Member may print or download one copy of the contents of the Website for personal non-commercial use.
11. Data Protection
BACUP CREDIT UNION LTD will comply with its obligations under the Data Protection Acts, 1988 and 2003 (as amended from time to time) as regards relevant data in its possession relating to the Member and shall make available for inspection by the Member any information held by BACUP CREDIT UNION LTD about the Member in accordance with those Acts. The Privacy and Security Policy published on the Website from time to time shall apply to the use of personal data relating to the Member and shall form part of this Agreement.
12. Temporary Withdrawal of Service
12.1 In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with BACUP CREDIT UNION LTD On-Line Account Access Service, or where there is a real or potential security risk, BACUP CREDIT UNION LTD shall be entitled, without incurring any liability to the Member, to temporarily suspend the relevant On-Line Account Access Services or access to BACUP CREDIT UNION LTD On-Line Account Access Services for such reasonable period as may be required to remedy, address or resolve the system issue.
12.2 Force Majeure: BACUP CREDIT UNION LTD shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of BACUP CREDIT UNION LTD's duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of SMS Messages via any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond BACUP CREDIT UNION LTD's control.
13. Security, Maintenance and Availability
13.1 The Member accepts that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence BACUP CREDIT UNION LTD cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.
13.2 From time to time it may be
necessary to or desirable for security reasons, maintenance, upgrades or other
(a) make certain or all of the On-Line Account Access Services unavailable to a Member; and/or
(b) delay implementation of any new Services; and/or
(c) withdraw, replace or reissue Registration Numbers, PINs and/or
(d) change authentication procedures or processes for accessing BACUP CREDIT UNION LTD On-Line Account Access
and while BACUP CREDIT UNION LTD will use reasonable endeavours to minimise any inconvenience caused to the Member the Member accepts that these events may occur and that BACUP CREDIT UNION LTD has no liability to it in the event of this happening. Where BACUP CREDIT UNION LTD changes authentication procedures for accessing BACUPCREDIT UNION LTD On-Line Account Access then, notwithstanding Clause 11 BACUP CREDIT UNION LTD may introduce these procedures by giving instructions to the Member via the BACUP CREDIT UNION LTD On-Line Account Access system in respect of which such procedures are being introduced.
13.3 The Member acknowledges that the On-Line Account Access Services may not be available during the period from to 07.00 hours.
14.1 The Member agrees that he/she has entered into this Agreement for his/her own benefit and not for the benefit of another person, and may not subcontract or assign any of his/her rights or obligations under this Agreement. The Member acknowledges that BACUP CREDIT UNION LTD enters into this Agreement for itself and as agent for any member of the BACUP CREDIT UNION LTD †where that member of the BACUP CREDIT UNION LTD has an agreement with the Member in respect of a product or service to which the On-Line Account Access Services that are provided to the Member apply.
15. Help Desk
The Member may contact BACUP CREDIT UNION LTD at BACUP CREDIT UNION LTD on 1234 1234567 in the event that the Member requires urgent assistance in resolving a difficulty encountered in relation to BACUP CREDIT UNION LTD On-Line Account Access and/or information generally in relation to BACUP CREDIT UNION LTD On-Line Account Access.
16. Governing Law
All relations established by
BACUP CREDIT UNION LTD with the Member prior to this Agreement being
entered into, and this Agreement, are governed by and
will be construed with the laws of
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver by BACUP CREDIT UNION LTD of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on BACUP CREDIT UNION LTDís part to exercise or avail of any right, power or privilege that BACUP CREDIT UNION LTD has or may have, operate as a waiver of any breach or default by the Member.
The Agreement and all other documentation which will be provide by BACUP CREDIT UNION LTD to communicate with the Member throughout the duration of the Agreement will be prepared in the English language, and all communications between BACUP CREDIT UNION LTD and the Member will also be conducted in the English language.