Welcome and thank you for choosing to use the MasterCard SecureCode
service (“MasterCard SecureCode”) from North Side Federal
Savings. Please read this Terms of Service Agreement carefully before
using MasterCard SecureCode. In this Agreement, “we,” “us,”
or “our” refers to North Side Federal Savings, and “you,”
“your,” or “yours” refers to the user of MasterCard
SecureCode.
This Terms of Service Agreement supplements and is incorporated in our
cardholder agreement(s) with you. In addition to this Terms of Service
Agreement, MasterCard SecureCode also is subject to the cardholder agreement
governing the card transactions for which MasterCard SecureCode is used.
1. ACCEPTANCE OF TERMS
(a) MasterCard SecureCode provides its service to you, subject to the
following Terms of Service (“TOS”) and our cardholder agreement
with you governing the card transactions for which MasterCard SecureCode
is used. The TOS may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time
at http://www.northsidefederal.com/conditions/secureterms.htm.
In addition, when using MasterCard SecureCode, you shall be subject
to any posted guidelines or rules applicable to MasterCard SecureCode
that may be posted from time to time at the same web site.
(b) You agree that creation of a MasterCard SecureCode account password,
and/or use of MasterCard SecureCode, will represent your acceptance
of this TOS and that continued use of MasterCard SecureCode after you
have been advised of revisions to this TOS shall constitute your agreement
to such revised terms and any applicable posted guidelines or rules.
(c) Unless explicitly stated otherwise, any new features that augment,
enhance or otherwise change MasterCard SecureCode shall be subject to
this TOS.
(d) North Side Federal Savings reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, MasterCard
SecureCode (or any part thereof) with or without notice.
(e) Upon our request, you agree to sign a non-electronic version of
this TOS.
2. DESCRIPTION OF MASTERCARD SECURECODE
MasterCard SecureCode provides you with a way of increasing security
in online and other transactions for which MasterCard SecureCode is
used by reducing the chances of fraud for those transactions. Registering
for MasterCard SecureCode involves providing personal information to
us, which is then used to confirm your identity in connection with future
online transactions or other transactions for which MasterCard SecureCode
is used, as discussed in more detail in Section 5 below. MasterCard
SecureCode also may be used for record keeping and reporting purposes,
as well as to help resolve any transaction disputes. Your Registration
Data, as defined in Section 3(b), and other personal information is
not shared with the merchant, as discussed in more detail in Section
6 below.
3. YOUR REGISTRATION OBLIGATIONS
(a) By signing up for MasterCard SecureCode, you authorize us to retain
certain information about you, your credit cards and debit cards. You
authorize us to obtain from certain third parties selected by us, including
consumer credit bureaus and other consumer reporting agencies, information
about you, your credit cards and debit cards, to use in connection with
MasterCard SecureCode. You authorize us to use and retain this information
in accordance with our Privacy Policy (see Section 6 below). Your information
will be associated with a unique identifier for you (your credit card
or debit card number and your name).
(b) You agree to (i) provide true, accurate, current and complete information
about yourself as prompted by MasterCard SecureCode's registration form
(“Registration Data”), and (ii) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any Registration Data that is untrue, inaccurate, not
current or incomplete, or if we have reasonable grounds to suspect that
your Registration Data is untrue, inaccurate, not current or incomplete,
we have the right to suspend, terminate, or refuse your current or future
use of MasterCard SecureCode.
4. REGISTRATION
(a) In order to use MasterCard SecureCode, you must provide certain
information to us that allows us to validate your identity and verify
that you are the owner of or an authorized user of the specified credit
card(s) or debit card(s). The information that you provide may be validated
against information we already have on file that is associated with
you, your credit card(s) or debit card(s), information we receive from
one or more third parties, or information maintained by a third party.
(b) If you are unable to provide adequate information for us to validate
your identity, we have the right to not allow you to register for MasterCard
SecureCode. You warrant that the information is correct and that you
have the legal right to use all of the credit cards and debit cards
that you register for MasterCard SecureCode.
(c) If you do not successfully register for MasterCard SecureCode, the
merchant may not accept your MasterCard credit card or debit card in
payment for an e-commerce or other transaction subject to MasterCard
SecureCode.
(d) In order to use MasterCard SecureCode, you must have the ability
to access the World Wide Web and must pay any service fees associated
with such access. In addition, you must have the equipment necessary
to make such a connection to the World Wide Web, including a computer
and modem or other access device.
(e) In the event you have a question regarding the MasterCard SecureCode
registration process or a transaction using MasterCard SecureCode, you
should direct that question to our customer service department at 5159
N. Clark Street, Chicago, Illinois 60640-2829, or call us at 773-561-7051.
5. AUTHENTICATION
(a) During registration in MasterCard SecureCode, you may be asked to
select or may be provided a password and hint-and-response question
and answer. When engaging in an online transaction or other transaction
for which MasterCard SecureCode is used, you may be asked for your MasterCard
SecureCode password or hint response before the merchant accepts your
MasterCard card in payment for the transaction. If you are unable to
provide your MasterCard SecureCode password or hint response, or if
the authentication through MasterCard SecureCode otherwise fails, the
merchant may not accept your MasterCard credit card or debit card in
payment for that transaction.
(b) By registering in MasterCard SecureCode, you assent to the use of
MasterCard SecureCode to evidence your identity, including for purposes
of authorization of transactions authorized in advance to recur at substantially
regular intervals.
6. PRIVACY POLICY
(a) MasterCard SecureCode stores your Registration Data. Your Registration
Data will not be shared with online retail merchants or merchants in
other transactions for which MasterCard SecureCode is used.
(b) You acknowledge and agree that MasterCard SecureCode may keep your
Registration Data and also may disclose your Registration Data if required
to do so by Applicable Law, as defined in Section 8(a)(ix), in the good
faith belief that such preservation or disclosure is permitted by Applicable
Law, or as reasonably necessary to (i) comply with legal process or
(ii) enforce this TOS.
(c) Registration Data and all personally identifying information about
you is subject to our Privacy Policy. For more information, please see
our full Privacy Policy at http://www.northsidefederal.com/conditions/privacy.htm.
7. CARDHOLDER PASSWORD AND SECURITY
You are solely responsible for maintaining the confidentiality of your
password, Registration Data and other verification information established
by you with MasterCard SecureCode, and all activities that occur using
your password, Registration Data or other verification information supplied
to or established by you with MasterCard SecureCode. You agree not to
transfer or sell your use of, or access to, MasterCard SecureCode to
any third party. You agree to immediately notify us at 773-561-7051
or 1-800-528-2273 if you have your card lost or stolen, if you feel
that your passwords have been compromised or of any unauthorized use
of your password or other verification information, or any other breach
of security. You acknowledge and agree that, except as otherwise provided
by Applicable Law or in our cardholder agreement with you, North Side
Federal Savings shall not be liable for any loss or damage arising from
your failure to comply with this TOS.
8. YOUR CONDUCT
(a) You agree not to:
(i) impersonate any person or entity using MasterCard SecureCode;
(ii) upload, post, email or otherwise transmit any material 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 used by MasterCard SecureCode;
(iii) spam or flood the MasterCard SecureCode Website or service;
(iv) modify, adapt, sub-license, translate, sell, reverse engineer,
decompile or disassemble any portion of the MasterCard SecureCode Website
or service or the software used in connection with MasterCard SecureCode;
(v) remove any copyright, trademark, or other proprietary rights notices
contained in MasterCard SecureCode;
(vi) “frame” or “mirror” any part of the MasterCard
SecureCode Website or service without MasterCard’s prior written
authorization;
(vii) use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, “data
mine,” or in any way reproduce or circumvent the navigational
structure or presentation of the MasterCard SecureCode Website or service
or its contents;
(viii) otherwise interfere with, or disrupt, MasterCard SecureCode or
servers or networks connected to MasterCard SecureCode, or violate this
TOS or any requirements, procedures, policies or regulations of MasterCard
SecureCode or of any networks connected to MasterCard SecureCode; or
(ix) intentionally or unintentionally violate any applicable local,
state, national or international statute, regulation, regulatory guideline
or judicial or administrative interpretation, or any rule or requirement
established by MasterCard (all of which shall constitute “Applicable
Law”) in connection with your use of MasterCard SecureCode.
9. LIABILITY
(a) You agree that North Side Federal Savings shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of MasterCard SecureCode. We will pay any direct out-of-pocket expenses
that you may incur [in using MasterCard SecureCode] due to:
(i) negligence or intentional misconduct by us, our employees or agents;
(ii) an attack by others on the systems we use to provide MasterCard
SecureCode; or
(iii) any error in, or failure of, MasterCard SecureCode.
(b) Under no circumstances will we be liable for consequential, incidental,
special or indirect losses or other damages, such as any damage to your
computer or telephone service resulting from your use of MasterCard
SecureCode.
(c) North Side Federal Savings assumes no responsibility for, and will
not be liable for, any damages to, or any viruses which may affect,
your computer equipment or other property on account of your access
to, use of, or downloading from, this Web site.
10. TERMINATION
We may temporarily or permanently deactivate your ability to use MasterCard
SecureCode and terminate your relationship with us at any time, with
or without fault on your part. For your protection, we will automatically
deactivate your ability to use MasterCard SecureCode if it is not used
at least one time during any twelve (12) month period. If we deactivate
your ability to use MasterCard SecureCode, we will promptly give you
notice at the most current e mail address you have provided to us as
reflected in our records.
11. DEALINGS WITH MERCHANTS
Your correspondence or business dealings with, or participation in promotions
of, online retail or other merchants on or through MasterCard SecureCode,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such merchant. You agree that,
except as otherwise provided by Applicable Law or in our cardholder
agreement with you, North Side Federal Savings shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings. You understand that use of MasterCard SecureCode
does not, in any way, indicate that we recommend or endorse any merchant,
regardless of whether the merchant participates in MasterCard SecureCode.
For example, MasterCard SecureCode does not verify the identity of the
merchant or the quality of the merchant’s goods or services.
12. DISCLAIMER OF WARRANTIES
(a) You expressly understand and agree that any software obtained through
the use of MasterCard SecureCode is downloaded and used at your own
discretion and risk and that except as otherwise provided in this TOS
Agreement, you will be solely responsible for any damage to your computer
system or loss of data that results from the download or use of any
such software or other materials through MasterCard SecureCode.
(b) EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, NORTH
SIDE FEDERAL SAVINGS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT MASTERCARD
SECURECODE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
13. NOTICE
Notices to you may be made via either email or regular mail to any address
in your Registration Data or other information that you have provided
to us in connection with any of your accounts with us, or your credit
cards or debit cards issued or otherwise provided by us. You also may
be notified of changes to this TOS or other matters by notices displayed
on or links to notices displayed on http://www.northsidefederal.com.
14. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use MasterCard
SecureCode and to create binding legal obligations for any liability
you may incur as a result of the use of MasterCard SecureCode. Except
as otherwise provided by Applicable Law or in our cardholder agreement
with you, you understand that you are financially responsible for all
uses of MasterCard SecureCode by you and those authorized by you to
use your Registration Data, your password or other verification information.