Terms and Conditions Governing NEFirst CREDIT
UNION LTD On-line Account Access
NEFirst CREDIT UNION LTD provides
services to the Member through NEFirst CREDIT UNION LTD On-Line
Account Access, subject to the Member's acceptance of the terms and conditions
set out below.
Definitions
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.
Account
An account denominated in Pounds Sterling
(whether in sole or joint names) maintained with NEFirst CREDIT UNION
LTD and designated by the Member as an account which may be utilised in
availing of the On-Line Account Access service.
Member
A person who
maintains an Account with NEFirst CREDIT UNION LTD.
Agreement
The agreement
concluded between NEFirst CREDIT UNION LTD and the Member for the
purposes of receiving the any of the On-Line Account Access Services through NEFirst
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.
NEFirst CREDIT UNION LTD On-Line Account Access
The online system made available by NEFirst 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 NEFirst CREDIT UNION LTD will supply, at its
discretion, to a Member from time to time through NEFirst 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 NEFirst
CREDIT UNION LTD services provided to the Member;
Business Day
A day on which NEFirst CREDIT UNION LTD is open for general business
"non business day" shall be construed accordingly.
Credit Union
A credit union for the purposes of the Credit Union Act 1997.
Member Service Adviser
An employee or agent of NEFirst CREDIT UNION LTD authorised to provide
assistance to the Member in relation to the Member's use of NEFirst
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 NEFirst CREDIT UNION LTD Group regarding use
of his/her personal data.
Pounds Sterling
The official currency of the United Kingdom, its Crown Dependencies and British
Overseas Territories.
Mandated Account
An Account or any
third party account maintained with NEFirst CREDIT UNION LTD, or with
a credit institution other than NEFirst CREDIT UNION LTD, designated
by the Member for receipt of funds through the NEFirst CREDIT UNION
LTD On-Line Account Access Service.
Nominated
Account
Such of the Accounts as are designated by the Member for access through the NEFirst
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
("PIN")
The personal identification number, consisting of not more than six digits,
allocated to the Member by NEFirst CREDIT UNION LTD for use in
conjunction with the Registration Number or which the Member chooses, with NEFirst
CREDIT UNION LTD's consent, through NEFirst 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.
Registration Process(es)
The process(es) which must be properly and fully
completed by an Account Holder applying to NEFirst CREDIT UNION LTD for
the provision of On-Line Account Access Services using NEFirst 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.
Registration Number
The Registration Number allocated by NEFirst CREDIT UNION LTD to the
Member in connection with NEFirst CREDIT UNION LTD On-Line Account
Access.
Self-Service Facility
The fully automated facility available to the Member in connection with NEFirst
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 NEFirst 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.
Member
The Account Holder to whom (or, in the case of joint Accounts, to each of whom)
is issued a Registration Number and PIN.
Website
Any page containing the URL demo.e-cfs.net
Use of NEFirst CREDIT UNION LTD On-Line
Account Access
1. Availability and Security
1.1 NEFirst CREDIT UNION
LTD On-Line Account Access Services are made available to a Member by NEFirst
CREDIT UNION LTD in respect of Accounts in NEFirst CREDIT
1.2 NEFirst 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.
1.3
(a) The PIN (if requested) will be
provided by NEFirst 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 NEFirst CREDIT UNION LTD.
(b) The Member shall disconnect and
exit NEFirst CREDIT UNION LTD On-Line Account Access Service when not
availing of the Services.
2. Equipment
2.1 The equipment necessary for the
Member to access NEFirst CREDIT UNION LTD On-Line Account Access
Service shall be provided and be maintained by and at the expense of the Member
and NEFirst CREDIT UNION LTD may change the requirements for such
equipment from time to time.
3. Indemnity
3.1 The Member undertakes to NEFirst
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 NEFirst CREDIT UNION LTD On-Line
Account Access Service. The Member agrees to indemnify NEFirst CREDIT
UNION LTD in full in respect of any loss or damages which may arise to NEFirst
CREDIT UNION LTD, the Member or any third party as a consequence of the
Member’s non-compliance with this Agreement.
4. Instructions
4.1 NEFirst CREDIT UNION
LTD shall be entitled, but not obliged, to record all communications from, or
instructions given by, the Member to NEFirst CREDIT UNION LTD, or
messages sent by NEFirst CREDIT UNION LTD to the Member through
NEFirst CREDIT UNION LTD On-Line Account Access Service.
4.2
(a) The Member shall ensure that all
instructions given by the Member to NEFirst CREDIT UNION LTD through NEFirst
CREDIT UNION LTD On-Line Account Access Services are accurate and
complete. In particular, prior to confirming any instruction to NEFirst
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 NEFirst CREDIT UNION LTD On-Line Account Access is the
instruction which the Member intends to give. NEFirst CREDIT UNION LTD
is entitled to rely on any instruction from the Member using NEFirst
CREDIT UNION LTD On-Line Account Access, and, for the avoidance of doubt, the
processing by NEFirst CREDIT UNION LTD of any such confirmed
instruction shall be final and binding on the Member.
(b) NEFirst 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 NEFirst CREDIT UNION LTD
(c) NEFirst CREDIT UNION
LTD is authorised to provide to the Member any or all of the Services which may
be accessed and availed of through NEFirst CREDIT UNION LTD On-Line
Account Access Services in accordance with the Member's instructions given to NEFirst
CREDIT UNION LTD through NEFirst 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 NEFirst 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 NEFirst
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 NEFirst
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, NEFirst
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 NEFirst 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 NEFirst CREDIT UNION
LTD may terminate the Agreement and withdraw NEFirst 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 NEFirst
CREDIT UNION LTD On-Line Account Access in any period of 12
consecutive months; or
(e) if NEFirst 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 NEFirst
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 NEFirst 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 NEFirst CREDIT UNION LTD of written
notice of such death or incapacity.
6.4 NEFirst 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. NEFirst 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 NEFirst CREDIT UNION
LTD is not required to notify the Member otherwise by law, NEFirst
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 NEFirst CREDIT UNION
LTD On-Line Account Access Services including by notice on demo.e-cfs.net.
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. Notices
8.1 Save where expressly provided,
any notice required to be given by the Member to NEFirst CREDIT UNION
LTD in connection with the subject matter of this Agreement shall be given in
writing and sent through the post addressed to NEFirst CREDIT UNION
LTD, 11c Your Address Your City.
8.2 Save where expressly provided,
any notice required to be given by NEFirst 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 demo.e-cfs.net.
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, NEFirst CREDIT UNION LTD shall ensure that all confidential
personal data of a Member held by NEFirst CREDIT UNION LTD in relation
to NEFirst CREDIT UNION LTD On-Line Account Access Services shall only
be accessible to NEFirst CREDIT UNION LTD, its agents or a company
controlled by NEFirst CREDIT UNION LTD and shall be processed or used
by them for purposes and in a way compatible with the discharge of NEFirst
CREDIT UNION LTD's obligation to the Member under the Agreement.
9.2 The Member shall ensure that all
information obtained from NEFirst CREDIT UNION LTD by the Member
relating to NEFirst 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 NEFirst 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 NEFirst
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 NEFirst
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 NEFirst 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
NEFirst 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 NEFirst 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 NEFirst
CREDIT UNION LTD On-Line Account Access Service, or where there is
a real or potential security risk, NEFirst 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 NEFirst
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:
NEFirst 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
NEFirst 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 NEFirst
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 NEFirst 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
reasons to:
(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 NEFirst
CREDIT UNION LTD On-Line Account Access
and while NEFirst 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 NEFirst
CREDIT UNION LTD has no liability to it in the event of this happening. Where
NEFirst CREDIT UNION LTD changes authentication procedures for accessing
NEFirstCREDIT UNION LTD On-Line Account Access then, notwithstanding
Clause 11 NEFirst CREDIT UNION LTD may introduce these procedures by
giving instructions to the Member via the NEFirst 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
14. Agency
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 NEFirst
CREDIT UNION LTD enters into this Agreement for itself and as agent for any
member of the NEFirst CREDIT UNION LTD where that member of the NEFirst
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 NEFirst CREDIT UNION LTD at NEFirst CREDIT UNION LTD on 1234 1234567 in
the event that the Member requires urgent assistance in resolving a difficulty
encountered in relation to NEFirst CREDIT UNION LTD On-Line Account
Access and/or information generally in relation to NEFirst CREDIT
UNION LTD On-Line Account Access.
16. Governing Law
All relations established by
NEFirst 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
17. Severability
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).
18. Waiver
Any waiver by NEFirst
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 NEFirst
CREDIT UNION LTD’s part to exercise or avail of any right, power or privilege
that NEFirst CREDIT UNION LTD has or may have, operate as a waiver of
any breach or default by the Member.
19. Language
The Agreement and all other
documentation which will be provide by NEFirst 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 NEFirst
CREDIT UNION LTD and the Member will also be conducted in the English
language.