Terms & Conditions

My Card Info Site Terms of Use Disclosure and Agreement

This My Card Info site terms of use Disclosure and Agreement as amended from time to time ("Agreement") sets forth the terms and conditions governing the use of the services on the My Card Info site. Please read this Agreement completely and retain a copy with your personal records. By using, or allowing another person to use, the My Card Info site services, you are agreeing to be bound by the terms and conditions of this Agreement. In this Agreement, the terms "you" and "your(s)" refer to the cardholder, and the terms "we," "us," "our(s)" and "Credit Union" refer to San Diego Metropolitan Credit Union. All agreements and disclosures shall be construed in accordance with the provisions of the California Uniform Commercial Code (UCC). This Agreement is incorporated by this reference and becomes part of San Diego Metropolitan Credit Union's Electronic Funds Transfer Disclosure and Agreement. All other terms and conditions of your Electronic Funds Transfer Disclosure and Agreement, as amended, remain in force. Should any of the terms and conditions contained herein conflict with the terms and conditions of your Electronic Funds Transfer Disclosure and Agreement, as amended, then the terms and conditions of this agreement shall control.

Electronic Disclosure of My Card Info Site Terms of Use Disclosure and Agreement
By accessing the My Card Info site services, you acknowledge electronic receipt of the Credit Union's My Card Info Site Terms of Use Disclosure and Agreement. You agree that you have read this Agreement in its entirety and will abide by its terms and conditions. You understand that the Credit Union will not provide you with an additional paper (non-electronic) copy of this Agreement unless you specifically request it.

Who is Bound by this Agreement
Each person who completes the online My Card Info registration and/or enters their PIN/Personal Security Code agrees to be bound by the terms and conditions of this Agreement. If more than one person completes the online My Card Info registration and/or enters their PIN/Personal Security Code, all registrants are jointly and severally liable. The Credit Union can waive or delay enforcement of its rights as to one signer without affecting its ability to enforce its rights as to the other signers. The Agreement is also binding upon your heirs, personal representatives and successors. By accessing the system, or authorizing anyone else to access the system, you agree to be bound by the terms and conditions of this Agreement. You will be bound by all actions taken by any authorized user of the on line services.

Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or the transactions you make:

  • When it is necessary to complete the transaction;
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  • In order to comply with government agency or court orders or other legal process; or
  • If you give us your prior oral or written permission.

Right to Receive Documentation of Transactions
You will get a monthly Visa Account Statement reflecting all of your transactions. Depending on the terminal, or if the transaction is $15 or less, you may receive a receipt at the time you make a transaction at a terminal. If you do receive a receipt, retain the receipt to compare with your monthly Statement from the Credit Union.

Services and Transactions Available
You may use the My Card Info service to obtain the following services and perform the following transactions:

  • Obtain an overview of your credit card account
  • Obtain credit card balance information
  • Obtain credit card activity
  • Initiate a one-time electronic payment to your credit card from a designated savings/checking account
  • View account history by statement period
  • Sign up for and view electronic statements

Business Days
Our business days are Monday through Friday, excluding holidays.

Limitations on Transactions
You can only initiate one (1) payment to your credit card per 24-hour period. The 24-hour period begins at 3PM Pacific Time and runs until 3PM Pacific Time the next day. The maximum payment amount you can make is an amount equal to your outstanding balance at the time of payment. You cannot create a credit balance on your account by making a payment that is greater than your outstanding balance.

Payment Cutoff Times- MyCardInfo payments only
Payments received Monday through Friday before 3 PM Pacific Time (5 PM Central Time) will be posted to your account within 2 business days and will be effective as of the date received. Payments received after that time or on non-business days will be effective as of the next business day.

MyCardInfo Access Requirements
In order to use MyCardInfo services, your computer hardware, software and your Internet service provider ("ISP") must meet the following specifications:

  • 56K modem or faster
  • Browser - Netscape Communicator 7.2 or above, or
  • Microsoft Internet Explorer 6.0 or above.
  • Firefox 3.0 or above.

In addition, you should have a printer capable of printing e-documents and understand that we recommend that you do so. In the alternative, you should have and maintain the ability to electronically save and visually display e-documents on your computer screen.

Address Change
You are required to keep the Credit Union informed of your current address to insure correct mailing of monthly statements.

User Responsibilities
You are responsible for:

  • Data input of payment information (account number, routing and transit number, amount)
  • Any fees that result from the return or rejection of payments you initiate. The returned payment fee as of July 1, 2009 is $20.00

Right to Stop Payment- Auto-Pay
If you have told us in advance to make regular payments out of your SDMCU savings or checking account, you can stop any of these payments. Here's how: Call us at 619.297.4835, or write us at P.O. Box 719099, San Diego, CA 92171-9099, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call we may also require you to put your request in writing and get it to us within 14 days after you call.

If these regular payments vary in amount, your monthly statement will be your only notice of the payment amount. We will mail or deliver your monthly statement at least 21 days prior to the payment due date.

If you have automatic payments coming out of an external account, you must contact that institution to stop this payment. Refer to your applicable account agreement for terms and conditions regarding your ability to stop payments from your external account.

How to Notify the Credit Union in the Event of an Unauthorized Transaction- Payment On-line
If you believe someone has transferred or may transfer money from your SDMCU savings/checking account without your permission, call us at 619.297.4835 or write us at P.O. Box 719099, San Diego, CA 92171-9099.

You should also call the number or write to the address listed above if you believe a transfer has been made using information from your check without your permission.

If you have automatic payments coming out of an external account and you believe unauthorized activity has occurred, you should contact that institution according to the method outlined in your agreement with that institution.

Unauthorized Use of Lost or Stolen Access Devices
Tell us AT ONCE if you believe your Card and/or Personal Identification Number/Personal Security Code (PIN) has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you believe your Card or PIN has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call (619) 297-4835 or write to us at P.O. Box 10409, Des Moines, IA 50306-0409. You could lose all the money in your account (plus your maximum overdraft line of credit if you have one with us). If you tell us within two (2) business days, you can lose no more than $50 if someone used your Card and PIN without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card and PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If your delay in notifying us was due to extenuating circumstances beyond your reasonable control, including extended travel, your or a member of your family's death or serious illness, hospitalization, permanent mental impairment or serious physical impairment, unless the circumstance did not reasonably contribute to your delay in notifying us within the 60-day period, we will extend the 60-day period by a reasonable period. If you have authorized someone else to use the PIN, you are responsible for all transactions that person or persons initiates at any time, even if the amount or transactions exceed what you may have authorized.

Notice to Visa Cardholders
If there is unauthorized use of your Visa Credit Card or an Interlink transaction, and the transaction takes place on the Visa network, then your liability will be zero ($0.00). This provision limiting your liability does not apply to either Visa commercial cards, or ATM cash disbursements. Additionally, your liability with respect to unauthorized transactions may be greater that the above zero liability limit, to the extent allowed under applicable law, if the credit union reasonably determines, based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or card. In any case, to minimize your potential liability, you should notify us of any unauthorized use no later than 60 days after your statement was mailed to you.

What To Do If You Find A Mistake On Your SDMCU Credit Card Statement
If you think there is an error on your credit card statement, write to us at:

San Diego Metropolitan Credit Union
P.O. Box 10409
Des Moines, IA 50306-0409

In your letter, give us the following information:

  • Account Information:Your name and account number.
  • Dollar Amount:The dollar amount of the suspected error.
  • Description of problem:If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us within 60 days after the error appeared on your statement. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in questions.

While we investigate whether or not there has been an error, the following are true:

  • We cannot try to collect the amount in question, or report you as delinquent on that amount.
  • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
  • While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
  • We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

  1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
  3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:

San Diego Metropolitan Credit Union
P.O. Box 10409
Des Moines, IA 50306-0409

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe the amount and you do not pay, we may report you as delinquent.

ERRORS IN YOUR STATEMENT CONCERNING ELECTRONIC FUNDS TRANSACTIONS (PAYMENT ON-LINE)

IN CASE OF ERRORS OR QUESTIONS ABOUT ELECTRONIC FUND TRANSFERS: Telephone us at 619-297-4835 or write us at P.O. Box 719099, San Diego, CA 92171-9099 as soon as you can if you think your SDMCU savings/checking statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must tell us no later than sixty (60) days after the FIRST statement is sent to you on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. Describe the error or transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within ten (10) business days, we may not re-credit your account. 

For errors involving new accounts (claim made within 30 days of an account being opened), point-of-sale, or foreign (non-U.S.) initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If you have payments coming out of an external account and you believe an error has occurred, you should contact that institution according to the method outlined in your agreement with that institution. 

Notice to California Residents
Under California law our right to recover credit extended to you for credit card purchases is subject to any defenses that you have against the seller if:

  1. The purchase price of the item in question exceeded $50;
  2. You made the purchase in California;
  3. You made the written demand on the retailer and made a good faith attempt to get satisfaction of your complaint;
  4. You notify us in writing of the name of the seller, the date of the purchase, the price paid, the goods or services purchased, the nature of your defense, and the acts you took to obtain satisfaction from the seller.

The amount to which the defense applies is limited to the amount outstanding on the purchase as well as late charges and Finance Charges when we receive the written demand.

This remedy is the only one you have against us. Your rights are limited to those circumstances outlined in California Civil Code Section 1747.90. Purchases with cash or check are not included in this section even though you used your credit card to validate your credit, nor are purchases with Visa Checks.

We cannot penalize you by either giving unfavorable credit information about you or canceling or refusing to renew your credit card solely because you obtained relief under the remedies you have for correcting billing errors.

Our Liability for Failure to Make Transactions
If we do not complete a transaction on time or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions. We will not be liable if:

  1. Through no fault of ours, you do not have enough available credit to make the transaction;
  2. The transaction would go over your credit limit;
  3. The terminal where you were making the transaction did not have enough cash;
  4. The ATM or network system was not working properly and you were aware of the malfunction when you started the transaction;
  5. Circumstances beyond our control (such as fire, flood, power failure, or computer down-time) prevented the completion of the transaction despite our reasonable precautions;
  6. The money in your account is subject to legal process or other encumbrance or agreement restricting a transaction;
  7. Your card has expired, is damaged so that the terminal cannot read the encoding strip, is inactive or because your PIN has been entered incorrectly;
  8. Your card or PIN has been reported lost or stolen and we have blocked its use; or
  9. The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account.

There are other exceptions not specifically mentioned above. 

Amendments
The Credit Union may change the terms and conditions of this Agreement from time to time by mailing written notice to you at your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your accounts, you will be given notice of the change in accordance with applicable law. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of our MyCardInfo access and services or designated accounts.

Termination
You may terminate this Agreement with us at any time. The Credit Union reserves the right to terminate this Agreement and/or your use of the MyCardInfo services with or without cause. We may do so immediately if:

  • You or any authorized user of your account breaches third or any other agreement with the Credit Union;
  • We have reason to believe that there has been or might be an unauthorized use of your account; or
  • You or any authorized user of your account requests that we do so.

Attorney Fees
You agree to pay the Credit Union all of our costs and reasonable attorneys’ fees, including all collection costs, litigation costs, skip-tracing fees, and outside services fees incurred while we are enforcing our rights under this Agreement.

Additional Benefit Enhancements
The Credit Union may from time to time offer additional services to you in connection with your accounts. Some services may be at no additional cost to you and others may involve a specified fee. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time.

Severability
If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

Liability and Indemnification
Notwithstanding any provision to the contrary contained in this agreement, we shall be responsible only for performing the services as expressly provided for in this agreement. We shall be liable only for material losses that are the direct result of our own negligence or intentional misconduct in performing these services. We will not be responsible for any loss, damage or injury whether caused by the equipment, software, nor shall we be responsible for any direct, indirect, special or consequential damages arising in any way out of the installation, use or maintenance of your equipment, software and/or any online services, except where the law requires a different standard or as stated above. We do not make any warranties concerning the equipment, the software or any part thereof, including without limitations, any warranties for a particular purpose or warranties of merchantability. We also accept no responsibility for anyone you authorize to access your services hereunder. We shall have no liability for failure to perform any services or for any disruption or delay in performing services in the event such failure, disruption or delay is due to circumstances beyond our reasonable control, including, but not limited to, failure or disruption of electric power, computer equipment, telecommunications systems, our ISP, or weather conditions. Except to the extent that we are liable under this agreement, you agree to indemnify and hold us and our directors, officers, employees and agents harmless from all claims, demands, judgments, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with the performance of the services listed hereunder. You agree that this indemnification shall survive the termination of this agreement.

Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California and any applicable Federal laws and regulations. You irrevocably submit to the jurisdiction of any Federal or State court sitting in the State of California for any action that you or we bring and agree that, in any action brought under this Agreement, venue shall be placed in San Diego County.

 

 

 

 

 

 

 

 

 

 

 

SDMCU 3-2010