ViaOne Mobile Deposit App Terms & Conditions

These ViaOne Mobile Deposit App Terms and Conditions (“T&Cs”) is a contract between you[1] and Viamericas[2] and governs your use of Viamericas’ ViaOne mobile deposit application, “My Via” (the “App”).  You agree to comply with all of the terms and conditions set forth herein.  You also agree to comply with any additional agreements or policies that apply to you and your use of the App, including the Application and Trust Agreement (“Trust Agreement”) and the ViaCheck License and Service Agreement (“ViaCheck Agreement”) that you executed. 

In order to use the App, you must (1) have previously executed a Trust Agreement and ViaCheck Agreement with Viamericas, and (2) must be an “Active” or “Inactive” authorized delegate of Viamericas. 

1. Services: You may use the App to scan and submit checks and provide associated deposit information to Viamericas to cover your outstanding money transfer balance (the “Services”).

2. There is currently no charge for the Services where they are used for checks made payable to “Viamericas” for payment of your business’ outstanding Viamericas money transfer balance.  The fees set forth in the ViaCheck Agreement shall apply to all other checks.
3. Acceptance of Terms: Viamericas reserves the right to amend these T&Cs, related policies, and the Services at any time without notice, subject to applicable law. The revised version of the T&Cs will be effective at the time of posting, unless otherwise noted. By continuing to use our Services after any changes to the T&Cs, policies, or the Services become effective, you agree to abide and be bound by those changes. If you do not agree with any changes, you may cease using the App; you may cease your use of the App at any time, simply by not using it.
4. Limitations of Service: When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have specific qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

5. Eligible items: You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Viamericas shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in your State. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:

1. 1. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
   2. Checks or items previously converted to a substitute check, as defined in Reg CC.
   3. Checks or items drawn on a financial institution located outside the United States.
   4. Checks or items not payable in United States currency.
   5. Checks or items dated more than 6 months prior to the date of deposit.
   6. Third party checks or items.
   7. Medicare checks.
   8. Post-dated checks or items.
   9. Checks or items payable CASH greater than $300.00
   10. Checks or items without maker information.

6. Image Quality: The image of an item transmitted to Viamericas using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

7. Endorsements and Procedures: You agree to restrictively endorse any item transmitted through the Services as “For Mobile Deposit Only” or as otherwise instructed by Viamericas. You agree to follow all other procedures and instructions for use of the Service as Viamericas may establish from time to time.

8. Receipt of Items: We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Viamericas that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

9. Availability of Funds: You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Viamericas reserves the right to hold the funds for up to seven business days from the date of deposit. In some instances, funds may be available sooner than seven business days based on such factors as credit worthiness, the length and extent of your relationship with Viamericas and its affiliates, transaction and experience history, and such other factors as Viamericas, in its sole discretion, deems relevant.

10. Disposal of Transmitted Items: Upon your receipt of a confirmation from Viamericas that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” and to properly dispose of the item to ensure that it is not re-presented for payment. You agree to not re-present the item.

11. Deposit Limits: We reserve the right to impose limits on the amount(s) or number of deposits that you transmit using the Services and to modify such limits from time to time.

12. Hardware and Software: In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Viamericas from time to time. Viamericas is not responsible for any third-party hardware or software you may need to use the Services. Any such hardware or software is accepted by you as is and is subject to the terms and conditions of the hardware or software agreement you enter into directly with the third-party provider at time of purchase, download, or installation.

13. Errors: You agree to notify Viamericas of any suspected errors regarding items deposited through the Services immediately upon discovery, and in no event later than 60 days after the applicable Viamericas account balance is updated. Unless you notify Viamericas within 60 days, such statement shall be deemed correct, and you are prohibited from bringing a claim against Viamericas for any alleged errors discovered after the 60 day window has closed.

14. Presentment: The way the items are cleared, presented for payment, and collected shall be at Viamericas’ sole discretion. You agree that Viamericas retains all ownership and proprietary rights to the Services, associated content, technology and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with these T&Cs. Without limiting the effect of the foregoing, any breach of these T&Cs immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Viamericas’ business interest, or (iii) to Viamericas’ actual or potential economic disadvantage in any aspect; or (iv) in any manner that would violate applicable state or federal laws. You may use the Services only for paying outstanding balance to Viamericas in accordance with these T&Cs.

    You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

15. Use of Software: The App is the proprietary intellectual property of Viamericas Corporation, and subject to copyright and other protection. You are granted a right to use this for your own commercial use. You agree not to sell, lease, use or distribute it for any purpose, and you agree not to decompile, reverse engineer or otherwise translate it from its object code form.

16. DISCLAIMER OF WARRANTIES: YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

17. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF VIAMERICAS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

18. User Warranties and Indemnification: You warrant to Viamericas that:
    1. You will only transmit eligible items.
    2. Images will meet the image quality standards.
    3. You will not transmit duplicate items.
    4. You will not deposit, negotiate, represent or otherwise transfer the original item.
    5. All information you provide to Viamericas is accurate and true.
    6. You will comply with these T&Cs, the terms of the Trust Agreement and ViaCheck Agreement, and all applicable rules, laws and regulations.

       You agree to indemnify and hold harmless Viamericas from any loss for breach of this warranty provision.

19. Applicable Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of laws principles.

20. Severability: If any provision of these T&Cs is held to be invalid or unenforceable, the remaining provisions will remain in full force.

21. No Other Modifications: Except as modified by these T&Cs, if any such modification exists, the Trust Agreement and ViaCheck Agreement remain unaffected and shall continue in full force and effect in accordance with their terms.

[1] In these T&Cs, “you” and “your” means the individual who has enrolled in ViaOne Mobile Deposit.

[2] “Viamericas,” “we,” “us,” or “our” means whichever legal entity – Viamericas Corporation, Viamericas Financial Services Corporation, Viamericas Money Services Corp., or Viamericas New York Corporation – that appears as the counterparty in the Application and Trust Agreement that governs your authorized delegate relationship with us.