Terms of Use

Terms of Use  – cuAnywhere – Credit Union Mobile Finance

1.     General

 

This Application is known as cuAnywhere  (the “App ”, or “Application”).  By using this Application, you agree to be bound by this cuAnywhere Terms of Use and the cuAnywhere  Privacy Policy.

You must legally be an member of a Credit Union who has contracted and registered with Wellington IT Solutions within Ireland or the UK to use this App. If you are in any doubt about this please check with your Credit Union.

Some features of this Application may also require you to be a member or provide personal information as part of a registration process to enable funds transfer facilities.

2.     Application Use

 

WIT grants you the right to use this Application only for your personal use. You may not: (a) reverse-engineer, modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any WIT or CU site in any way or interfere with any party’s use or enjoyment of any WIT or CU site.

You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement, your CU terms and conditions). Your right to use this Application will terminate immediately if you violate any provision of this Terms of Use.

3.     Content and Processing Instructions Terms and Conditions.

 

a) Definitions.  (i) ”Content” means any instruction or information input on any device, or any photographs, pictures, content, text, artwork, files, sound, graphics, data, and other similar materials; and (ii) ”Media” means any means of transmitting information, whether now known or hereafter devised.

(b) Requirements.

You may only submit Content for which you are legally entitled to do so, completely own or have secured all rights necessary to use the App and associated services.

4.     Restrictions

 

You will not: (i) submit any Content which causes, or attempts to cause,  any financial transaction to breach the rules of the CU ; (ii) submit Content that is unlawful, pornographic, libellous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates generally accepted standards; or (iii) upload, post, e-mail or otherwise transmit Content to WITor the CU that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

5.     No Obligation.

 

Although we have the right to process your Content in the Application or in any Media, we do not have the obligation to do so.   WIT expressly reserves the right, in its sole discretion, and for any reason, to remove, refuse, or not make available or process any Content.

6.     Content Representations and Warranties.

 

You represent and warrant to WIT that (i) you are an adult member of the CU that you have registered the use of this App with; (ii) you are otherwise legally competent to enter into this agreement; (iii) you have the right to enter into this agreement, to fully perform your obligations hereunder; (iv) you will comply fully with all terms of this agreement; (v) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of any Content by WIT as permitted hereunder; (vi) the Content does not infringe any right of any third party; (vii) the Content, and WIT’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any right of any third party, including but not limited to trademark rights, copyrights, moral rights and publicity rights; (viii) the Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; and (i) all factual statements submitted by you are accurate and not misleading.

7.     Communications

 

WIT may communicate with you in connection with the Application, electronically and in other Media, and you consent to such communications unless you notify WIT that you no longer wish to receive communications about the Application. Notice can be sent to:  support@cuanywhere.ie but in any event you must contact the CU you have registered with to use this App and inform them of this.

 

 

8.     Third-Parties.

 

The products which may be advertised in this Application are sold by third-parties, not by WIT. This Application may contain links to CUs and other third party merchants that are selling displayed products.  WIT is not responsible or liable for the availability or accuracy of such sites or resources, or for the content, products or services on or available from such sites or resources.  WIT does not guarantee the accuracy of, and will not assume any liability for your purchase decisions (and your subsequent use of purchased products and services) that may be informed by, the information provided by this Application.

9.     Intellectual Property

 

WIT owns all rights, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter WIT’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

10.           Disclaimer of Warranties

 

WIT disclaims responsibility for any harm resulting from your use of this Application. The Application and the service(s) accessed by it are provided “as is” and “as available”. WIT expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.

You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

Any information provided by this Application is a guide only and is not intended as financial advice. WIT and/or your CU do not guarantee the accuracy of and will not assume any liability for adverse consequences for any  financial transactions  based on the information or processing  provided by this Application

11.           Limitation of Liability

 

Neither WIT nor its service providers will be liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if WIT has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

12.           Indemnification

 

You will indemnify and hold harmless WIT and its officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of the Privacy Policy and Terms of Use, and any alleged violation of any applicable law or regulation. WIT reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations. You will ensure that you diligently manage any device, including installing any necessary protection software, and do not expose the service to undue risk.

13.           Application or Terms of Use Changes

 

WIT reserves the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

14.           Contracting Parties

 

The contracting party is Wellington IT Solutions, 91 Wellington Park, Belfast BT9 6DP.