TERMS AND CONDITIONS

Mobile Banking, Online Banking and Bill Pay Terms and Conditions 

These are the General Terms and Conditions that guide members relationship with Nexa Credit Union (“Nexa”) for the Mobile Banking, Online Banking and Bill Pay Platforms. Additional terms and conditions may be implied by laws and specific services terms and conditions.  

Nexa encourages members to read and become familiar with the Terms and Conditions set out below.  

Words we use:

Account  Means your Nexa account which is either in your name or held jointly with someone else. 
Affiliates   Are companies related by common ownership or control  
Agreement  Means the terms and conditions that pertain to the Service, e.g. Mobile Banking, Online Banking and Bill Pay Terms and Conditions in which this defined term is used. 
Authorisation   Means consent, approval, resolution, license, exemption, filing notarisation, lodgement or registration. 
Banking  Refers to the use of your electronic device to view your Nexa Accounts and to conduct transactions. 
Bill Pay  Nexa’s Bill Pay Service  
Business Days  Mondays through Fridays, between the regular working hours of 8:00 a.m. to 4:00 p.m. save and except Public Holidays 
Electronic Communications Disclosure  Means consent to receive communications from Nexa electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Nexa Services, such as our message centre. 
Eligible Accounts  Accounts that Nexa includes in the Mobile Banking Display and that are permitted to be viewed by you on a Mobile Device. 
Mobile Banking   Any activity you conduct on Nexa Credit Union’s Mobile App, including Bill Pay and any future services you use on Nexa Credit Union’s Mobile App. 
Nexa Credit Union  Also referred to as “Nexa”, “we”, “us”, or “our”, refers to Nexa Credit Union and its affiliates and Service Providers  
Online Banking  Refers to banking services where you can self – manage and self-operate more aspects of your Nexa account/s and its facilities over the internet service and online channels.  
Security Data  Refers to your username, passwords, reset questions and answers, challenge questions and answers and any other credentials used to access mobile or online banking. 
Service (s )  Means any activity or functionality offered by Nexa Credit Union or its Service Providers through Mobile or Online Banking, including Bill Pay and E-Top Up. 
Service Providers  Means companies engaged by Nexa to render some or all of the Services on its behalf. 
Member   Refers to the member of Nexa Credit Union or the authorised user or joint account holder using the services. 
Memorable Data  Means your personal memorable data that Nexa can use to check your identity. 
Mobile Device  Refers to a cell phone or an electronic handheld device. 
You, Your, I, Yourself  Refers to the member of Nexa Credit Union or the authorised user or joint account holder using the services. 

 

Consent 

  1. When you start or continue use of Nexa’s Mobile Banking, Online Banking or Bill Pay platforms services, you agree to the following:
  2. You have agreed and given your unequivocal consent to these Terms and Conditions. Nexa may, from time to time, amend these Terms and Conditions as it may see fit by posting these changes on its website and electronic platforms or in any manner that it sees fit, and you shall be legally binding on you and upon Nexa giving a reasonable period of notice.  
  3. By law, Nexa is required to obtain, verify and record information that identifies each person who conducts business with Nexa, such as membership applications, mobile banking, online banking and Bill Pay services. Nexa will therefore require the following memorable data from you: 
      1. Name; 
      2. Address; 
      3. Date of Birth; 
      4. Email address; 
      5. Telephone/cellular numbers; 
      6. Any other information that may be required.   
  4. You consent to Nexa contacting you via email, messages or telephone inclusive of automated messages and emails. Please note that messaging and data rates from your carrier may apply.  
  5. Any electronic communication received by you from Nexa will be considered written communication and you are encouraged to save a copy for your records, whether electronically or in hard copy. All notices on the Mobile or Online Banking platforms will remain available for 90 days unless you choose to delete prior to the expiration of this period. 
  6. Any withdrawal of consent must be in writing and must be delivered to the Member Services Department of the nearest Nexa Branch. 
  7. You consent not to use any part of the Mobile or Online Banking services in any illegal or malicious manner.  
  8. You accept full responsibility for ensuring that you understand how to use the Nexa CU Mobile Services before you do so and that you always use the Nexa CU Mobile Services Services in accordance with the instructions that we post on our website or other platforms managed by Nexa. We may occasionally change or upgrade the Nexa CU Mobile Services’ components. You are responsible for making sure that you understand how to use the Nexa CU Mobile Services as modified. Nexa is not liable to you for your failure to properly use the Nexa CU Mobile Services or your Mobile Devices or for any losses or damage caused by such failure. 
  9. You also accept full responsibility for understanding how to properly use your Mobile Device and the software that you download in order to use the Nexa CU Mobile Services (the “Software”).  

Joint and Several Liability  

If you are a trustee, partnership, or other entity comprising more than one person or you are using any Service jointly with another person, each partner, trustee or person will bear joint and several liability for your obligations under the Agreements and references to you in the Agreements made with each of those persons.  

Availability 

Nexa’s Mobile and Online Banking services provide you with continuous access to all your accounts. However, the availability of these services is also dependent on third-party service providers and may be interrupted from time to time for reasons beyond the control of Nexa.  

Keeping your Security Data safe  

You must keep your Security Data secret in accordance with the terms and conditions that apply to your account.  

Nexa shall keep your information and account details confidential and will only disclose information to third parties in the following situations: 

  • Where it is necessary for completing transactions; 
  • Where it is necessary for activating additional services; 
  • In order to verify the existence or condition of your account to a third party, e.g. a Creditor; 
  • In order to comply with a governmental agency or court order; 
  • When you give Nexa your written permission to do so;  
  • If Nexa is unable to complete an electronic transfer because of in-sufficient funds; or 
  • In accordance with Nexa’s Privacy Policy (available on nexacreditunion.com)  

Member’s Obligations 

  • The Member must ensure that there are sufficient funds or limits in the account for Nexa to authorise and execute an instruction. If, for any reason, the relevant account is overdrawn, the instruction will not be executed, and the Member shall be liable for incidental charges.  
  • The Member is responsible for the payment of applicable internet, data, mobile credit and other charges levied by the Member’s third-party telecommunications provider in relation to the use of his/ her electronic device, mobile device or any other smart device in accordance with such third party’s terms and conditions.  
  • The Member is required to ensure that his/her/their contact information is accurate and updated as may be required. 

Electronic Transfers 

Permitted Transactions 

Nexa’s Mobile and Online Banking services permit you to transfer funds from:  

  • Your savings account to another Member’s savings account; 
  • From your saving’s account to make a payment on another Member’s  loan, provided that there is an established member to member transfer capability for those accounts; and 
  • From your account via the Bill Pay Service to a third party. 
  • From your account via the E-Top up Service to Top up any Flow or Digicel phone.  

 Validity and Liability  

Transactions in online and mobile banking services shall, unless proven otherwise, be deemed to be validly, knowingly and genuinely sent by or on behalf of the Member. Any instruction from the member which is either a request for information, a transaction instruction or another form of instruction shall, unless proven otherwise, be deemed to be validly, knowingly and genuinely sent by or on behalf of the Member. 

Nexa is entitled to rely and act on instructions without any further delay, confirmation or verification from the Member. No acknowledgment or receipt of instructions shall be issued by Nexa, and Nexa shall not verify such instructions. 

The member authorises Nexa to act on all instructions through Mobile and Online Banking Services and Nexa irrevocably and unconditionally accepts all instructions as binding.  

The member must ensure that all instructions are inputted correctly, inclusive of beneficiary details. Nexa is under no obligation to verify that instructions are error-free and cannot be held liable for any errors resulting from incorrect instructions. 

Execution of Instructions by Nexa 

Instructions are irrevocable and cannot be reversed without Nexa’s prior approval. 

Instructions will not be executed in the event that there are uncleared funds and/or insufficient funds standing to the credit of the relevant account to cover such instructions. 

A transaction instruction may not always be carried out simultaneously with the instruction being given by the Member. Certain transactions may take more time to process and/or may only be processed during a Business Day and during normal working hours and not during extended working hours.

Notification of suspicious activity /unauthorized transactions 

Notify Nexa AT ONCE if you believe: 

  • Your account may have been accessed without your authorisaton; 
  • Your card, code or password has been lost or stolen;  
  • Someone has transferred or may transfer money from your account without your permission; or  
  • A transaction/s reflected on your statement appear strange or unauthorised 

Immediate reporting is the only way to minimise your losses as there may be financial consequences for failure to report in a timely manner or at all. 

Notify Nexa of unauthorised account access or activity, lost or stolen credentials or unauthorised Bill Pay transactions by any of the mediums listedbelow: 

  

Call: 1-473-440-1354/ 1 473- 405- 4061 

Email: eservices@nexacreditunion.com, 

In writing via any of our branch locations or 

Send us an electronic message through our eMessaging system on the Nexa CU Mobile platform 

 

When making your report kindly provide the following information: 

  • Your name and account number; and 
  • The date and nature of the suspicious or unauthorised activity inclusive of the dollar value of the unauthorised transfer. 

Nexa may require you to provide additional information, or if the report is made verbally to put it in writing. 

Nexa’s Excluded Liability 

  • Nexa makes no representations or warranties regarding the accuracy, functionality or performance of the third-party software that may be used in connection with Mobile and Online Banking Services or the applications or platforms through which they are offered. 
  • Nexa will not be responsible for any losses due to the User ID, Password and other Authentication Factor being used by authorised and unauthorised users. 
  • Nexa will not be responsible if the Member is unable to gain access to and/or use the Mobile and Online Banking and Bill Pay Services or any services in respect of it due to reasons beyond its control, including without limitation, any computer, mobile phone, other smart device, telecommunication, electrical, technical or network failure, malfunction, maintenance, excess system demand or other non-availably.  
  • Nexa shall not be responsible for any delay in onward transmission of bill payment funds to any third party which may result in disruption of that third party’s service due to reasons beyond its control. 
  •   Nexa Credit Union shall not be liable for any losses, costs, claims, or damage of whatsoever nature, whether direct, indirect, or consequential, suffered or incurred by the Member as a result of: 
  • Mobile and Online Banking and Bill Pay Services linked to it being totally or partly unavailable for any reason including but not limited to any period of essential maintenance, critical change, repairs, alterations to or failure of systems or operations; 
  • Acting on instructions validly submitted by the Member; 
  • Acting on, failing, or delaying to acting on or processing, any instruction except to the extent caused by its gross negligence or willful misconduct and its liability shall be limited to the payment of interest; 
  • Corrupt data being sent through Mobile and Online Banking and Bill Pay Services; 
  • Any act, error, omission, failure, or delay by any third party in relation to any account held by the Member or an instruction or transaction; 
  • Computer, mobile phone or other smart device virus or line or system failure; or the failure of any machine, data processing system or transmission link; 
  • Failure to act upon an instruction for any reason beyond Nexa’s control; 
  • Failure to act upon Customer’s instruction, authorisation or execution of the instructions being delayed or not acted upon due to reasons beyond Nexa’s control; 
  • Partial, incomplete, late, or failed transfer or bill payment to any nominated payee due to reasons beyond Nexa’s control; 
  • Access by a third party to information concerning the Member’s account(s) (except where such access is obtained due to the gross negligence, wilful default or fraud of Nexa and , in such case, the Bank will only be liable for direct loss or damage to the Member which in the ordinary course of events might reasonably be expected to result from circumstances in question.); and  
  • Any change, alteration, modification, addition or deletion to these Terms and Conditions, Mobile and Online Banking and Bill Pay Services and systems of operations. 

Subscription Fees 

There is a monthly subscription fee of EC$1.97 for the Mobile Account Access Services.  

Nexa reserves the right to amend fees at any time. Nexa will provide at least 21 days’ notice prior to the implementation of any new Subscription Fees or any other fees for Mobile Banking, Online Banking and Bill Pay. 

Intellectual Property Rights 

All documents, hardware, or software on the Mobile and Online Banking and Bill Payment Services are the property of Nexa so the member must not misuse it. The Mobile and Online Banking Services are the property of Nexa and Nexa retains all its intellectual Property Rights in any software and documentation relating to Online Banking Service, including any subsequent amendments, modifications, or introductions.  

Any trademarks including logos, trading names, service names, colour schemes, slogans and taglines displayed in respect of the Mobile and Online Banking and Bill Pay Services are owned or licensed to Nexa. Nothing contained in the Mobile and Online Banking and Bill Pay Services should be construed as granting any license or right to use any such trademarks without the prior written consent of Nexa. 

Anti Money Laundering 

All facilities and services offered by Nexa are subject to the provision by the Member of all information requested with all applicable anti-money laundering regulations of the State of Grenada. If such information criteria are not met, Nexa is under no obligation to and has the right to refuse to offer any facilities and services to the member. 

Contact Us 

Please contact Nexa through the e-messaging system available on the Mobile and Online Banking Platform or via telephone at 1 473 440-1354  or 1 473 405 – 4061 for direct calls. 

Language 

The Online and Mobile Banking and Bill Pay Services and the Terms and Conditions are in English. 

Applicable Law 

These Terms and Conditions and any discussions you may have had with Nexa about you entering into them are governed by the Laws of Grenada.