Common use of LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS Clause in Contracts

LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not complete a transaction from your personal account on time or in the correct amount, we will be liable for your losses or damages. However, we are not liable for any failed transaction if you do not have enough money in your balance to cover a transaction, if the ATM or device does not have enough cash or is not working properly, if circumstances beyond our control prevent the transaction, if the merchant requests authorization for an amount greater than the purchase amount, or if there are other exceptions stated in this Agreement or as provided by law. We are not liable for failure to complete a transaction on a business account if we send you notice that the transaction was not completed. Marijuana/Cannabis Related Businesses We do not accept, service or process transactions, personal or business, for marijuana/cannabis/hemp related activity. If transactions are detected during account monitoring, the account will be restricted or closed depending on the circumstances. Marketing Offers - Opt Out For personal information (such as your name, address or certain account-related information) shared among Affiliates, you may opt out of direct marketing of products and services to include both Wellby and third-party materials. Your choice to limit marketing offers from our Affiliates will not apply until you notify us to modify your preference. (Refer to Wellby’s Privacy Policy). Note: If you opt-out, it may take up to 90 days for direct marketing to cease. NCUA Insurance Funds in your Account(s) with us are insured by the National Credit Union Administration (NCUA) and backed by the full faith and credit of the United States. The amount of insurance coverage you have depends on the number of accounts you have with us that are of different “ownership.” An individual Account is one unique form of “ownership”; a joint account, a pay-on- death account, and a self-directed qualified retirement account (e.g., an IRA) are examples of some of the others. Share insurance for a person’s self-directed qualified retirement account is up to $250,000. Funds are insured to $250,000.00 per depositor for the total of funds combined in all of your other insured accounts with us. If you want a more detailed explanation or additional information, you may ask us or contact the NCUA. You can also visit the NCUA’s website at xxx.xxxx.xxx and click on the Share Insurance link. The link includes detailed contact information as well as a share insurance estimator. Any deceased member remaining on an account after a six-month period, from the date of passing, will be removed by the Credit Union without notice.

Appears in 8 contracts

Samples: Electronic Funds Transfer Agreement, www.wellbyfinancial.com, www.wellbyfinancial.com

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LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If We shall have no liability to you if we do not are unable to complete a transaction from your personal account on time or in the correct amount, for reasons beyond our control. In no event shall we will be liable to you for your losses any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. However, we are not liable You agree that your recovery for any failed alleged negligence or misconduct by us shall be limited to the initial value of the Account. This provision shall not be effective to the extent prohibited by law. Your Liability for Unauthorized Transfers, Loss or Theft. You should protect the Account against theft with the same level of care that you use to protect the cash in your wallet. We cannot prevent the unauthorized use of the Account by others and cannot replace funds used by any unauthorized user. You agree to safeguard your Account against loss, theft and unauthorized use by taking all reasonable precautions. You agree to notify us IMMEDIATELY by calling Customer Service (see section above entitled “How to Contact Us”) if your Account is lost or stolen or you believe that someone has made an unauthorized transaction with your Account. We may not be able to assist you if you do not have enough money in the Account number. If we determine that unauthorized use has occurred with your balance to cover Account, we will cancel your Account and issue you a transactionreplacement Account loaded with the remaining value on your Account, if any. There may be a fee associated with ordering a replacement Card (see section above entitled “Schedule of Fees”). We reserve the ATM right to decline to issue you a replacement Account in accordance with applicable law. Your liability for the unauthorized use of your Account may be limited by Visa. Under the Visa rules, you will have no liability for unauthorized transactions if your Account is lost or device stolen, provided you have not been grossly negligent or engaged in fraud in the handling of your Account and further provided that you promptly report such loss or theft to us by calling Customer Service. The Visa Zero Liability policy does not have enough cash apply to certain commercial card and anonymous prepaid card transactions or is transactions not working properlyprocessed by Visa. Obtaining the Balance on the Account. You should get a receipt at the time you make a transaction using the Account. You agree to retain your receipt to verify your transactions. You are responsible for keeping track of the available balance on the Account. Merchants generally will not be able to determine the available balance. You can also retrieve the balance by calling Customer Service or visiting our Website (see section above entitled “How to Contact Us”). No Warranty Regarding Goods and Services or Uninterrupted Use. We are not responsible for the quality, if circumstances beyond our control prevent the transactionsafety, if the merchant requests authorization for an amount greater than the purchase amountlegality, or if there any other aspect of any goods or services you purchase with the Account. All such disputes should be addressed to the merchants from whom the goods and services were purchased. From time to time the Account service may be inoperative, and when this happens, you may be unable to use the Account or obtain information about your balance. You agree that we are other exceptions stated in not responsible for any interruption of service. Other Terms. The Account and your obligations under this Agreement or may not be assigned by you. We may transfer our rights under this Agreement at any time without your consent and without notice to you except as provided required by law. We are not liable for failure to complete a transaction on a business account if we send you notice that the transaction was not completed. Marijuana/Cannabis Related Businesses We do not accept, service waive our rights by delaying or process transactions, personal or business, for marijuana/cannabis/hemp related activityfailing to exercise them at any time. If transactions are detected during account monitoringany provision of this Agreement shall be determined to be invalid or unenforceable under any law, the account validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be restricted or closed depending on governed by the circumstanceslaw of the State of Missouri except to the extent governed by federal law. Marketing Offers - Opt Out For personal Privacy and Data Collection. We may use and disclose information collected about you in connection with your Account (such as your name“Accountholder Information”) to provide customer services, address or certain account-related information) shared among Affiliatesto help protect against fraud and to conduct research and analysis. In addition, you may opt out of direct marketing of products and services to include both Wellby and third-party materials. Your choice to limit marketing offers from our Affiliates will not apply until you notify it is often necessary for us to modify your preference. (Refer to Wellby’s Privacy Policy). Note: If you opt-out, it may take up to 90 days for direct marketing to cease. NCUA Insurance Funds in your Account(s) with us are insured by the National Credit Union Administration (NCUA) and backed by the full faith and credit of the United States. The amount of insurance coverage you have depends on the number of accounts you have with us that are of different “ownership.” An individual Account is one unique form of “ownership”; a joint account, a pay-on- death account, and a self-directed qualified retirement account (e.g., an IRA) are examples of some of the others. Share insurance for a person’s self-directed qualified retirement account is up to $250,000. Funds are insured to $250,000.00 per depositor disclose Accountholder Information for the total of funds combined in all of your other insured accounts same purposes to companies that work with us. If For example, we may provide certain Accountholder Information to companies that perform business operations or services on our behalf. We may also provide certain Accountholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas, where necessary to complete transactions, or if you want a more detailed explanation or additional information, you may ask give us or contact the NCUA. You can also visit the NCUA’s website at xxx.xxxx.xxx and click on the Share Insurance link. The link includes detailed contact information as well as a share insurance estimator. Any deceased member remaining on an account after a six-month period, from the date of passing, will be removed by the Credit Union without noticeyour written permission.

Appears in 1 contract

Samples: www.centralaccesscard.com

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