North Midlands Credit Union Limited – Online Platform Terms & Conditions

Please read these Terms & Conditions carefully.  They govern your access and use of our Online Platform (which includes our Website, Mobile App and In-Branch Terminals) and the services available through them.

1. About Us
   • We, North Midlands Credit Union (“NMCU”), are a credit union for the purposes of the Credit Union Act 1997 (as amended). We are regulated by the Central Bank of Ireland.

• Our principal place of business is: North Midlands Credit Union Limited, St. Colman’s House, Oliver Plunkett Street, Mullingar, Co. Westmeath, N91 V094.

• We own and operate this Online Platform, including the website northmidlandscu.ie and provide various services to our members on and through this site. We also operate our In-Branch Terminals and our App which you may use to access CU Online or the Online Service.

• These Terms & Conditions
  • Access to the Online Platform and the website, and the use of the content and information contained on these, is governed by these Terms and Conditions.

• By browsing the website, downloading and/or installing the App, using the In-Branch Terminals, registering for CU Online or accessing or using CU Online or the Online Service, you agree to be bound by these Terms and conditions.

• If you register for CU Online + (“CU Online”) or access or use CU Online via the website, the mobile App or the In Branch Terminals, you agree to also be bound by the CU Online Terms of Use.

• By accessing and using this Online Platform you will be deemed to have accepted these Terms & Conditions and the terms of our Privacy Policy. If you do not accept these Terms and Conditions you are not permitted to use this Online Platform and should immediately cease your use of this Online Platform. By accessing and using this site you will also be deemed to have read and understood all disclaimers, notices and instructions contained in these Terms & Conditions as well as the terms of our Privacy Policy.

• These Terms & Conditions are separate and supplemental to any other agreement between you and us in relation, for instance, to (i) any of your Accounts with us; (ii) any loan taken out by you from us; (iii) our CU Online Terms; and (iv) our Privacy Statement, all of which you are also bound by where applicable. Your access and use of the Online Platform is always subject to these Terms & Conditions.

• We reserve the right to vary these Terms & Conditions at any time. If we do so, the updated terms will be posted on the Terms & Conditions page when the alteration is made. By using the Online Platform after that, you agree to these revised Terms & Conditions.

• None of these Terms will be interpreted so as to deprive you of any rights you may have under mandatory Irish law.

• Use of our Platform
  • The Platform and all services on or available through it are provided from Ireland. We do not represent that information or services on or available through it is suitable for use or access from outside of Ireland.

• You can use the Platform for your personal use only.

• Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Platform or any services on or available through it without notice. We are not liable if for any reason the Platform or any services on or available through it are unavailable at any time or for any period.

• We reserve the right to restrict user access to all or any part of this Platform or to some or all of the services available through this Platform to persons duly authorised by us in that regard, whether as a member or registered user or otherwise as applicable. We may also restrict user access to the Platform by any person whom we consider their access to be prejudicial to the interests of NMCU.

• You are responsible for making all arrangements necessary for you to have access to our website or, where applicable, our App or In-Branch Terminals.

• We may restrict you from linking to our website if we consider that a link is prejudicial to our interests.

• Please note that communication over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using secure or encrypted communications technology. While we may take precautions against security breaches, no website, application or Internet transmission is completely secure, and as such, you acknowledge that neither we nor third parties connected to us shall be liable for damages, costs or losses, that may result from interruption or interception of communications or unauthorised access or hacking. We cannot guarantee the privacy and security of such communications. This disclaimer applies even in circumstances where you access your Online Account, CU Online and the Online Services through our website, App or our In-Branch Terminals.

• App Device and Charges

• The App is independent of any device on which it is located. Your download, installation, access to and use of the App may also be governed by the terms and conditions of your mobile or internet provider.

• Your mobile or internet provider may charge you network fees for the duration of your connection to the App.

• Information Purposes Only
  • The content of and content made available via the Platform is provided for information purposes only, is subject to change and will be updated from time to time without notice to you. The information on this Platform is not intended for distribution to, or use or reliance upon, by any person or entity in any jurisdiction outside Ireland, and persons accessing this Platform from outside Ireland should inform themselves about and observe any legal restrictions as to usage of this Platform in their jurisdiction. If you are in any doubt as to whether this Platform can be lawfully used by you, please do not proceed further.

• The information provided or content displayed on this Platform is for information purposes only. Whilst due care has been taken in its preparation, we do not make or give any warranty or representation as to the completeness, accuracy or reliability of such information or content nor do we accept or assume any responsibility to you in relation thereto.

• Information about some of the products and services on this Platform is subject to additional legal notices and warnings. These notices and warnings are important and are for the protection of both you and NMCU. Please take time to carefully read all legal notices and warnings on the pages of this Platform that you visit or documents on this Platform that you open or download.

• We have made available the information on this Platform in good faith. Although we have made all reasonable efforts to ensure that the information on this Platform is accurate at the time of inclusion, we do not represent its accuracy on an ongoing basis, and accordingly no such information should be relied upon by you under any circumstances. Please note that we may update or alter the information on this Platform at any time without giving notice of any alterations. Any opinions and estimates expressed on this Site reflect our judgement at the date given and are also subject to change without notice. Accordingly, you agree not to hold us responsible for any inaccuracies or omissions on this Platform. If you do not understand or if you have any queries on any of the information on this Platform, we recommend that you consult a professional financial advisor.

• Websites and applications may be tampered with by unauthorised persons and, accordingly, you should view the information provided as indicative only and subject to confirmation by us.

• The content of this Platform, including these Terms and Conditions, is subject to change by us without notification. The content of this Platform may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the content contained on this Platform up to date nor any liability for failure to do so.

• Intellectual Property
  • We are the owner or the licensee of all intellectual property rights in the App, the website, the App’s and website’s content and the Online Services, including the App’s and website’s “look and feel” (collectively the “Content”). The Content is protected by copyright laws and other intellectual property laws (including laws related to trade marks, designs, database rights, sui generis rights and other proprietary rights). All such rights are reserved.

• You may not make alterations, copies, extractions, modifications, or additions to the Content, or sell, copy, distribute, disseminate or licence it, or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must contact us in advance for written permission except if otherwise expressly provided in these Terms. You shall not obtain any rights over or in respect of such content and information under any circumstances. This is without prejudice to any rights you may have under applicable mandatory law.

• If you breach of either of clauses 6.1 or 6.2, your right to use our Platform, CU Online and the Online Services ceases immediately.

• If you download the App, we grant you a non-exclusive, revocable licence to use the App solely to access and use CU Online.

• You may not create or include any hyperlink to this Platform from any other website without our prior consent in writing.

• Third Party Websites
  • Some pages on this Platform may contain hypertext links to websites not maintained by NMCU. You are reminded that when you enter other websites via such hypertext links, you will not be subject to these Terms and Conditions and you will not benefit from the protections afforded to you in using our Platform. The linked websites are not under our control and we are not responsible for the contents, availability, use or actions of any such linked site or any link contained in a linked site, or any changes or updates to such websites. You use such links entirely at your own risk.

• The inclusion of any link does not imply endorsement by us of any website. Your use of third party websites is subject to the terms and conditions of use and privacy policy contained within each of those websites. We may terminate a link to a third party website at any time.

• Improper use of our Platform
  • You may not access or use the Platform in any manner that could damage, disable, overburden, or impair it, its servers, or the network(s) connected to the server, or interfere with any other party’s use and enjoyment of the Platform and services on or available through it.

• You may not access or use this Platform for any improper, fraudulent, dishonest or illegal purposes. Any such access or use shall be investigated and appropriate action taken, including referral to law enforcement authorities.

• You may only download the App from a store approved by us and may not install the App on a jail-broken or rooted device. You may not hack into or insert malicious code into the App.

• You may not attempt to gain unauthorised access to any services, parts of the Platform, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means.

• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you.

• Illegal and/or unauthorised use of the Platform or services on or available through it will be investigated and appropriate legal action may be taken.

• Data Protection
  • We process information about you in accordance with our Privacy Statement which is available at northmidlandscu.ie. By using our website or the In-Branch Terminals, or downloading or installing our App, you consent to such processing and you confirm that all data provided by you is accurate and up-to-date.

• Liability
  • Access to and use of this Platform and any information provided or content displayed on this Platform is at the user’s own risk. We do not represent or warrant that the use of this Platform or any material downloaded from this Platform will not cause damage to property, including but not limited to loss of data or computer virus infection. To the maximum extent permitted by law, all liability of any description whatsoever is excluded, including without limitation liability or responsibility for any and all losses or damages resulting from loss of use, data or profits, consequential loss, or third party losses arising out of or in connection with the access, use, performance and/or unavailability of this Platform or any of its contents, and whether caused by negligence, breach of contract or otherwise.

• You agree that we are not liable for loss or damages arising out of your use, or your inability to use, the Platform or any services accessible through it. The Platform and Content on or accessible through it is provided on an “as is” basis and we make no undertaking, representation or warranty:

• regarding the completeness or accuracy, reliability or timeliness of any of the Platform or Content;

• that the Platform, its server or the Content is free from defects, errors, viruses, bugs or other harmful elements;

• in relation to availability and/or uninterrupted use of the Platform or Content.

and we expressly disclaim all such warranties, representations and undertakings.

• You should check that the App is compatible with all hardware and software you use. We are not liable for damage to, or viruses or other Code that may affect, any equipment (including any computer, tablet, mobile or other device), software, data or other property as a result of your download, installation, access to or use of the App. We are not liable to you for (i) any loss of income, business, revenue or profits; (ii) any loss or corruption of data; (iii) any corruption or damage to equipment device, hardware or software; or (iv) any loss or damage which was not foreseeable to both you and us.

• If we have any liability to you, it is in all cases limited in aggregate to one thousand euro (€1,000) only (except in the case of death or personal injury).

• You are liable to us for any loss, damage or harm suffered or incurred by us as a result of your negligent, deliberate or reckless breach of these Terms & Conditions.

• Events Beyond our Control
  • We are not in breach of these Terms or liable to you if there is any total or partial failure of performance of any of our duties and obligations resulting from any act or matter beyond our reasonable control. This may include where such results from 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 communications, 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 our reasonable control.

• Notices
  • You must send any formal notice under these Terms to us by sending it in writing to our postal address, namely:

North Midlands Credit Union Limited, St. Colman’s House, Oliver Plunkett Street, Mullingar, Co. Westmeath, N91 V094.

• Severability
  • If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).

• Waiver
  • The exercise by us of any of our rights under these Terms is without prejudice to any of our other rights and remedies. The provisions of these Terms may only be waived by either of us in writing by express reference to the provision in question.  No delay, neglect or forbearance on the part of either of us in enforcing any provision of these Terms is a waiver, or in any way prejudices any right of either of us under these Terms. A waiver by either of us of any breach of any of the provisions of these Terms does not constitute a general waiver of such provision or of any subsequent act contrary to it.

• Transfers
  • These Terms are personal to you and may not be transferred or assigned to anyone else.

• We may assign, transfer or otherwise dispose of all or any of our rights or obligations under these Terms, in whole or in part, by prior notice to you, provided that in doing so we do not materially prejudice your interests under these Terms.

• Entire Agreement
  • Subject to clause 2.4, these Terms represents the entire understanding of the parties concerning their subject matter and override and supersede all prior agreements concerning it (whether written, oral or implied) which are hereby revoked by our mutual consent.  Neither of us has relied upon, or has any remedies in respect of, any representations, terms or conditions except those set out in these Terms.  This does not exclude any liability for fraud and/or fraudulent misrepresentations.

• Governing Law
  • The laws of Ireland apply to the Terms (and any matter or dispute arising out of or in connection with them) and the courts of Ireland have jurisdiction in connection with the Terms and all such matters and disputes.

• If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

• Definitions and Interpretation
  • The masculine gender includes the feminine and neuter and the singular number include the plural and vice versa and words importing persons include firms or companies. The section headings to the provisions are inserted for convenience of reference only and are not a part of, and do not or affect the construction or interpretation of, the Terms.

• The “Terms” means the terms and conditions 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 these Terms.

18.3    The following expressions have the meanings given to them below:

Account   means a euro account maintained by you (whether in sole or joint names) with us.

App   means any software, program and code which we make available to you (either directly or indirectly) and which you can download to your computer, tablet, mobile or other device in order to access, use and avail of your Online Account, CU Online and the Online Services via the Internet (excluding any web browsing software).

Business Day means a day on which we are open for general business.

Credit Union   means North Midlands Credit Union Limited

CU Online  means the online system made available by us through our Platform for, broadly speaking, approximately 24 hours a day (subject to these Terms) to enable you to access and use the Online Services.

Ireland   means the Republic of Ireland.

In-Branch Terminal   means a computer in one of our branches (or other location chosen by us) which we make available to you during normal business hours to enable you to access your Online Account, CU Online and the Online Service.

Member  means a member of North Midlands Credit Union Limited

Online Account   means the online user account given to you so that you can access and use the Online Services through CU Online and which is accessed in accordance with your PIN, Password and Username – the Online Account is not a credit union financial account but rather is a user account for accessing CU Online.

Online Services  means the services which we may provide and make available from CU Online from time to time, at our discretion, to you through your Online Account which may include allowing you to:

(a) access information on an Account, including the balance of, and details of recent transactions on, the Account;

(b) request statements on an Account;

(c) make a funds transfer by debiting your Account and crediting another account designated by you;

(d) make a bill payment by debiting your Account and crediting another account designated by you;

(e) apply for information regarding personal loan facilities and apply for loans;

(f) access balance and other statement information in relation to other services we provide to you; and/or

(g) provide a means of communicating with us.

Password  means the password created by you as a part of the registration process for CU Online and which you need to access your Online Account, CU Online and the Online Services.

PIN   means the personal identification number given to you as a part of the registration process for CU Online and which you need to access your Online Account, CU Online and the Online Services.

Platform  means our website, the App and the In-Branch Terminals and includes, as the context so admits or requires, any one, more or all of them (or any part of any one, more or all of them)

Platform Terms  means the document we call our “Platform Terms” (or similar) which is published on our website from time to time.

Privacy Policy/Privacy Statement  means the Privacy Policy governing our use and the security of your personal information provided or accessed through this Platform, generally called our “Privacy Statement” (or similar) and which is published on our website.

Username  means the username for your Online Account which is created by you as a part of the registration process for CU Online and which you need to access your Online Account, CU Online and the Online Services.

Site  means the website www.northmidlandscu.ie

Terms   means the terms and conditions 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 these Terms.

We/Us/the credit union  means North Midlands Credit Union Limited and cognate terms are construed accordingly.

You  means you in your capacity as the holder of an Account with us (and includes, as the context admits or requires, any person using the platform, the App, the In-Branch Terminals or your Online Account and/or your personal representatives and successors).

SECURITY NOTICE

While all reasonable security precautions have been taken by NMCU, the nature of communication

through the internet is such that NMCU cannot guarantee the privacy or confidentiality of any information

relating to the member passing over the internet. In accessing this Platform and availing of our services,

the member accepts that electronic mail messaging may not be free from interference by third parties

and may not remain confidential. The use of this Platform is at the credit union member’s own risk.