Common use of Liability for Loss Clause in Contracts

Liability for Loss. The Primary Cardholder is responsible for all transactions and any resulting interest, fees and losses incurred that: • are authorized by the Primary Cardholder and / or the Additional Cardholder; • We determine after investigation, the Primary Cardholder and / or the Additional Cardholder fails to comply with the PIN safety obligations set out in section 17 of this Agreement until we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions which occur using a PIN after a Card is lost or stolen); or • are made by a person other than a cardholder, if the Primary Cardholder and / or the Additional Cardholder allows the person to use a Card, Card number or the Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their use. In case of any dispute regarding such transactions, The Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. For the purposes of this section, a transaction will be considered “unauthorized” only if after our investigation, we determine: i. the Card, Card number, PIN or Account has been used by a person other than the Primary Cardholder or Additional Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. no Primary Cardholder or Additional Cardholder receives any benefit from the transaction; iii. the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility of the Primary Cardholder to inform us immediately when a Card is lost or stolen or if you know or suspect that someone else may know the Card number or PIN. iv. you have co-operated fully with our investigation; and v. occur after you tell us that a Card has been lost or stolen.

Liability for Loss. The Primary Cardholder is You are responsible for all transactions and any resulting interest, fees and authorized use of a valid Debit Card. You are liable to all losses incurred thatthat result: • When you make fraudulent or worthless deposits or transfers. • From your use of your Debit Card when there are authorized by the Primary Cardholder and / or the Additional Cardholder; • We determine after investigation, the Primary Cardholder and / or the Additional Cardholder fails to comply with the PIN safety obligations set out insufficient funds in section 17 of this Agreement until we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions which occur using a PIN after a Card is lost or stolen); or • are made by a person other than a cardholder, if the Primary Cardholder and / or the Additional Cardholder allows the person to use a Card, Card number or the Account, even . • From unauthorized transactions if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their use. In case of any dispute regarding such transactions, The Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. For the purposes of this section, a transaction will be considered “unauthorized” only if after our investigation, we determine: i. the Card, Card number, PIN or Account has been used by a person other than the Primary Cardholder or Additional Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute you contributed to the unauthorized use in any way; iiuse. no Primary Cardholder For example, if you voluntarily disclosed the PIN to someone who then made an unauthorized transaction; wrote the PIN on the Debit Card or Additional Cardholder receives any benefit from on something kept close to the transaction; iii. Debit Card; or failed to notify us as soon as you became aware that the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility of the Primary Cardholder to inform us immediately when a Debit Card is lost or had been lost, stolen or if you know misused, or suspect that someone else may know your PIN. If you are liable, you agree that your liability for losses may exceed the credit balance or available funds if: • The Account has a line of credit or overdraft protection or is linked with another account(s). • A Debit Card number transaction is made on the basis of a fraudulent deposit at an ABM. In this case, you acknowledge that we may have to create an overdraft, use overdraft protection, or PIN. ivif the Account is connected to a line of credit, we may charge the line of credit. You’ll then be responsible for the amount of the transaction, plus any applicable fees and interest. You won’t be held responsible if: • You or a merchant make an error at a merchant’s terminal (such as entering an incorrect purchase amount or completing a transaction twice). • You make an error at an ABM (such as entering an incorrect deposit amount or forgetting to include the deposit). However, you have co-operated fully will be liable for any resulting additional costs, such as additional service, NSF or interest charges. You’re also not liable for losses that result from: • Circumstances that are beyond your control, including losses resulting from technical problems, our errors or other system malfunctions. • Circumstances where you unintentionally contribute to unauthorized use, provided you cooperate with our us in the investigation; and v. occur . • The unauthorized use of the Debit Card after you tell you’ve reported it to us that a Card has been as lost or stolen, where you have reported to us that the PIN may be known to someone else, or where the Debit Card is cancelled or expired.

Liability for Loss. a. The Primary Cardholder is responsible for all transactions Transactions and any resulting interest, fees and losses incurred that, subject to applicable law: • are authorized by the Primary Cardholder and / or the Additional a Cardholder; . • We determine occur after investigation, the Primary Cardholder and / or the Additional a Cardholder fails to comply with the “PIN safety Confidentiality” obligations set out in section 17 of this Agreement until 3(b) that arose before we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions Transactions which occur using a PIN after a Card is lost or stolen); . • occur through a Mobile Payment App after a Cardholder fails to comply with the “Mobile Payment App” obligations in section 3(h) that arose before we receive written or verbal notice that the Card Details were lost or stolen. • are made by occur after a person other than a cardholder, if the Primary Cardholder and / or the Additional Cardholder allows the another person to use a the Card, Card number or the Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their usehis or her use of the Card. b. The Primary Cardholder is not liable if a Card is lost or stolen and unauthorized Transactions are made without a PIN or if the Account is accessed without a PIN and without authorization by any Cardholder. In case of any dispute regarding such transactions, The Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. For the purposes of this section, a transaction A Transaction will be considered “unauthorized” unauthorized only if after our investigation, we determine: i. if: the Card, Card number, PIN Details or Account has been used by a person other than a c. If you use online banking but do not comply with the Primary Cardholder or Additional Cardholder Simplii Financial Products and without actual or implied consentServices Agreement and any applicable terms of use set out at ▇▇▇▇▇▇▇.▇▇▇, you may be liable for all losses and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use liabilities that result. d. You must co-operate fully in any way; iiinvestigation with respect to any loss. no Primary Cardholder or Additional Cardholder receives If we later determine that a Transaction was authorized, we may reverse any benefit from the transaction; iii. credit provided to the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility of the Primary Cardholder will be liable for the Transaction and any interest, fees or losses. We may take whatever steps we consider necessary to inform us immediately when a Card is recover lost or stolen or if you know or suspect that someone else may know the Card number or PINCards. iv. you have co-operated fully with our investigation; and v. occur after you tell us that e. Paper or electronic evidence is sufficient to establish liability for a Card has been lost or stolenTransaction.

Liability for Loss. (a) The Primary Cardholder is and the Business are responsible for all transactions Transactions and any resulting interest, fees and losses incurred that: • are authorized by the Primary Cardholder and / or the Additional a Cardholder; • We determine occur after investigation, the Primary Cardholder and / or the Additional a Cardholder fails to comply with the “PIN safety Confidentiality” obligations set out in section 17 of this Agreement paragraphs 3(b) above until we receive written or verbal notice from the Primary Cardholder and / or the Additional a Cardholder that the Card was lost or stolen (including transactions Transactions which occur using a PIN after a Card is lost or stolen); • occur through the CIBC Mobile Payment Service after a Cardholder fails to comply with the “Credentials on Mobile Devices” obligations in paragraph 3(h) above until we receive written or verbal notice from a Cardholder that the mobile device or SIM was lost or stolen; or • are made by a person other than a cardholderCardholder, if the Primary Cardholder and / or the Additional a Cardholder allows the person to use a Card, Card number or the Credit Card Account, even if the person was a minor or did not comply with any limitations the Cardholder placed on his or her use. (b) The Primary Cardholder and / the Business are not liable if a Card is lost or stolen and unauthorized Transactions are made without a PIN or if the Additional Cardholder placed on their useCredit Card Account is accessed without a PIN and without authorization by any Cardholder. In case of any dispute regarding such transactions, The Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. For the purposes of this section, a transaction A Transaction will be considered “unauthorized” unauthorized only if after our investigation, we determine: i. if: the Card, Card number, PIN or Credit Card Account has been used by a person other than the Primary Cardholder or Additional a Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. ; no Primary Cardholder or Additional Cardholder receives any benefit from the transaction; iii. the Primary Cardholder Transaction; and the Additional Cardholder all Cardholders have fulfilled their obligations under this Agreement. It is the responsibility of . (c) If the Primary Cardholder registers an account other than the Credit Card Account on their Card and their Card and PIN are used to inform us immediately when access that account, the liability for all losses are governed by the CIBC Debit Card Agreement. If you use CIBC Online Banking but do not comply with the CIBC Electronic Access Agreement, you may be liable for all losses and liabilities that result. (d) You must co-operate fully in any investigation by CIBC and/or the authorities. You may be required to sign or provide additional forms before we can confirm that a Card Transaction is unauthorized. If we later determine that you authorized a Transaction, we may reverse any provisional credit provided to you and you will be liable for the Transaction and any interest, fees or losses. We may take whatever steps we consider necessary to recover your lost or stolen or if you know or suspect that someone else may know Cards, including reporting the Card number or PINCards to the appropriate authorities to facilitate their recovery. iv. you have co-operated fully with our investigation; and v. occur after you tell us that (e) Paper or electronic evidence is sufficient to establish liability for a Card has been lost or stolenTransaction.

Liability for Loss. The Primary Cardholder is You are responsible for all transactions and any resulting interest, fees and losses incurred thatauthorized use of a valid Debit Card. You ar•e Wliahbelen fyoor ualal ulothssoeriszethsaotmreesounlte: • are authorized by the Primary Cardholder and / or the Additional Cardholder; • We determine after investigation, the Primary Cardholder and / or the Additional Cardholder fails to comply with the PIN safety obligations set out in section 17 of this Agreement until we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions which occur using a PIN after a Card is lost or stolen); or • are made by a person other than a cardholder, if the Primary Cardholder and / or the Additional Cardholder allows the person else to use a your Debit Card, . • When you make fraudulent or worthless deposits or transfers. • From your use of your Debit Card number or when there are insufficient funds in the Account, even . • From unauthorized transactions if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their use. In case of any dispute regarding such transactions, The Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. For the purposes of this section, a transaction will be considered “unauthorized” only if after our investigation, we determine: i. the Card, Card number, PIN or Account has been used by a person other than the Primary Cardholder or Additional Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute you contributed to the unauthorized use in any way; iiuse. no Primary Cardholder For example, if you voluntarily disclosed the PIN to someone who then made an unauthorized transaction; wrote the PIN on the Debit Card or Additional Cardholder receives any benefit from on something kept close to the transaction; iii. Debit Card; or failed to notify us as soon as you became aware that the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility of the Primary Cardholder to inform us immediately when a Debit Card is lost or had been lost, stolen or if you know misused, or suspect that someone else may know your PIN. If you are liable, you agree that your liability for losses may exceed the credit balance or available funds if: • The Account has a line of credit or overdraft protection or is linked with another account(s). • A Debit Card number transaction is made on the basis of a fraudulent deposit at an ABM. In this case, you acknowledge that we may have to create an overdraft, use overdraft protection, or PIN. ivif the Account is connected to a line of credit, we may charge the line of credit. You’ll then be responsible for the amount of the transaction, plus any applicable fees and interest. You won’t be held responsible if: • You or a merchant make an error at a merchant’s terminal (such as entering an incorrect purchase amount or completing a transaction twice). • You make an error at an ABM (such as entering an incorrect deposit amount or forgetting to include the deposit). However, you have co-operated fully will be liable for any resulting additional costs, such as additional service, NSF or interest charges. You’re also not liable for losses that result from: • Circumstances that are beyond your control, including losses resulting from technical problems, our errors or other system malfunctions. • Circumstances where you unintentionally contribute to unauthorized use, provided you cooperate with our us in the investigation; and v. occur . • The unauthorized use of the Debit Card after you tell you’ve reported it to us that a Card has been as lost or stolen, where you have reported to us that the PIN may be known to someone else, or where the Debit Card is cancelled or expired.

Liability for Loss. You must take reasonable steps to keep your Card, Card number, Account number and PIN safe from loss, theft or misuse. The Primary Cardholder is responsible respon- sible for all transactions and any resulting interest, fees and losses incurred that: • are authorized by the Primary Cardholder and / or the Additional Addition- al Cardholder; • We we determine after investigationinvesti- gation, are a result of, the Primary Cardholder and / or the Additional Cardholder fails failing to comply with the PIN safety obligations set out in section 17 of this Agreement until we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions which occur using a PIN after a Card is lost or stolen); or • are made by a person other than a cardholder, if the Primary Cardholder Card- holder and / or the Additional Cardholder allows the person to use a Card, Card number or the Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder Card- holder and / or the Additional Cardholder placed on their use. In case of any dispute regarding such transactions, The the Bank will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactions. You are not responsible for unauthorized transactions. For the purposes of this section, a transaction transac- tion will be considered “unauthorizedunautho- rized” only if if, after our investigation, investigation we determine: i. : • the Card, Card number, PIN or Account has been used by a person other than the Primary Cardholder or Additional Cardholder Card- holder and without actual or implied consent, and the Primary Prima- ry Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. ; • no Primary Cardholder or Additional Addi- tional Cardholder receives any benefit from the transaction; iii. ; • the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility respon- sibility of the Primary Cardholder to inform us immediately when a Card is lost or stolen or if you know or suspect that someone else may know the Card number or PIN. iv. ; and • you have co-operated fully with our investigation; and v. occur after you tell us that a Card has been lost or stolen.

Liability for Loss. (a) The Primary Cardholder is responsible for all transactions Transactions and any resulting interest, fees and losses incurred that: • are authorized by the Primary Cardholder and / or the Additional a Cardholder; • We determine occur after investigation, the Primary Cardholder and / or the Additional a Cardholder fails to comply with the “PIN safety Confidentiality” obligations set out in section 17 of this Agreement paragraphs 4(b) above until we receive written or verbal notice from the Primary Cardholder and / or the Additional a Cardholder that the Card was lost or stolen (including transactions Transactions which occur using a PIN after a Card is lost or stolen); • occur through a mobile payment service after a Cardholder fails to comply with the “Credentials on Mobile Devices” obligations in paragraph 4(h) above until we receive written or verbal notice from a Cardholder that the mobile device or SIM was lost or stolen; or • are made by a person other than a cardholderCardholder, if the Primary Cardholder and / or the Additional a Cardholder allows the person to use a Card, Card number or the Credit Card Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their his or her use. In case • For residents of Quebec only: The Primary Cardholder is not liable for debts resulting from the use of the Card by a third person after we receive notice - written, verbal or by any other means – from a Cardholder of the loss, theft or fraudulent use of the Card or of any dispute regarding such transactionsother use of the Card not authorized by the Primary Cardholder. Even if no notice was given, The Bank consumer liability for the unauthorized use of the Card is limited to $50. However, you will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability all losses incurred by us if we prove that you committed a gross fault in connection with said transactions. For the purposes protection of this section, a transaction your account information. (b) A Transaction will be considered “unauthorized” unauthorized only if after our investigation, we determine: i. if: the Card, Card number, PIN or Credit Card Account has been used by a person other than the Primary Cardholder or Additional a Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. ; no Primary Cardholder or Additional Cardholder receives any benefit from the transaction; iii. the Primary Cardholder Transaction; and the Additional Cardholder all Cardholders have fulfilled their obligations under this Agreement. It is the responsibility of the For greater clarity: (i) The Primary Cardholder to inform us immediately when is not liable if a Card is lost or stolen and unauthorized Transactions are made without a PIN or if you know or suspect that someone else may know the Credit Card number or PINAccount is accessed without a PIN and without authorization by any Cardholder. iv. you have co-operated fully with our investigation; and v. occur after you tell us that a Card has been lost or stolen.

Liability for Loss. (a) The Primary Cardholder is responsible for all transactions Transactions and any resulting interest, fees and losses incurred that: • are authorized by the Primary Cardholder and / or the Additional a Cardholder; • We determine occur after investigation, the Primary Cardholder and / or the Additional a Cardholder fails to comply with the “PIN safety Confidentiality” obligations set out in section 17 of this Agreement paragraphs 4(b) above until we receive written or verbal notice from the Primary Cardholder and / or the Additional a Cardholder that the Card was lost or stolen (including transactions Transactions which occur using a PIN after a Card is lost or stolen); • occur through a mobile payment service after a Cardholder fails to comply with the “Credentials on Mobile Devices” obligations in paragraph 4(h) above until we receive written or verbal notice from a Cardholder that the mobile device or SIM was lost or stolen; or • are made by a person other than a cardholderCardholder, if the Primary Cardholder and / or the Additional a Cardholder allows the person to use a Card, Card number or the Credit Card Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their his or her use. In case • For residents of Quebec only: The Primary Cardholder is not liable for debts resulting from the use of the Card by a third person after we receive notice – written, verbal or by any other means – from a Cardholder of the loss, theft or fraudulent use of the Card or of any dispute regarding such transactionsother use of the Card not authorized by the Primary Cardholder. Even if no notice was given, The Bank consumer liability for the unauthorized use of the Card is limited to $50. However, you will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability all losses incurred by us if we prove that you committed a gross fault in connection with said transactions. For the purposes protection of this section, a transaction your account information. (b) A Transaction will be considered “unauthorized” unauthorized only if after our investigation, we determine: i. if: the Card, Card number, PIN or Credit Card Account has been used by a person other than the Primary Cardholder or Additional a Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. ; no Primary Cardholder or Additional Cardholder receives any benefit from the transaction; iii. the Primary Cardholder Transaction; and the Additional Cardholder all Cardholders have fulfilled their obligations under this Agreement. It is the responsibility of the For greater clarity: (i) The Primary Cardholder to inform us immediately when is not liable if a Card is lost or stolen and unauthorized Transactions are made without a PIN or if you know or suspect that someone else may know the Credit Card number or PINAccount is accessed without a PIN and without authorization by any Cardholder. iv. you have co-operated fully with our investigation; and v. occur after you tell us that a Card has been lost or stolen.

Liability for Loss. a. The maximum liability of a Primary Cardholder for unauthorized Transactions, including if a Card is lost or stolen, is $50, unless a Cardholder has demonstrated gross negligence in safeguarding their Card, account information such as Card Details, or PIN. Subject to applicable law, examples of a Cardholder demonstrating gross negligence include, but are not limited to, the Cardholder: • writing their PIN directly on the Card; or • posting their Card Details on a public website. b. Subject to applicable law, the Primary Cardholder is responsible for all transactions a Transaction and any resulting interest, fees and losses incurred thatin certain situations, including: • are authorized by the Primary Cardholder and / or the Additional Cardholder; • We determine Transaction was made after investigation, the Primary Cardholder and / or the Additional a Cardholder fails to comply with the “PIN safety Confidentiality” obligations set out in section 17 of this Agreement until 3(b) that arose before we receive written or verbal notice from the Primary Cardholder and / or the Additional Cardholder that the Card was lost or stolen (including transactions Transactions which occur using a PIN after a Card is lost or stolen); . • the Transaction was made after a Cardholder fails to comply with the “Mobile Payment App” obligations in section 3(h) that arose before we receive written or verbal notice that the Card Details were lost or stolen. • are the Transaction was made by a person other than that a cardholder, if the Primary Cardholder and / or the Additional Cardholder allows the person allowed to use a the Card, Card number or the Account, even if the person was a minor or did not comply with any limitations the Primary Cardholder and / or the Additional Cardholder placed on their usehis or her use of the Card. c. If your Card, account information, including Card Details or PIN are lost or stolen or your Account has been compromised or is otherwise at risk of being used in an unauthorized manner, you must call us and tell us right away. In case of any dispute regarding such transactions, The Bank You will not be responsible or liable for any transactions carried out or for any resulting loss, expense, claim or liability in connection with said transactionssubsequent unauthorized Transaction that occurs on your Account once you tell us. For the purposes of this section, a transaction will A Transaction may be considered “unauthorized” only if after our investigation, we determine: i. unauthorized if: the Card, Card number, PIN Details or Account has been used by a person other than the Primary Cardholder or Additional a Cardholder and without actual or implied consent, and the Primary Cardholder or the Additional Cardholder did not contribute to the unauthorized use in any way; ii. ; no Primary Cardholder or Additional Cardholder receives any benefit from the transaction;Transaction; and all Cardholders are in compliance with this Agreement. iiid. If you use online banking but do not comply with the Simplii Financial Products and Services Agreement and any applicable terms of use set out at ▇▇▇▇▇▇▇.▇▇▇, you may be liable for all losses and liabilities that result. e. You must co-operate fully in any investigation with respect to any loss. If we later determine that a Transaction was authorized, or unauthorized and the Cardholder has demonstrated gross negligence in safeguarding their Card or account information, such as Card Details, or PIN, we may reverse any credit provided to the Primary Cardholder and the Additional Cardholder have fulfilled their obligations under this Agreement. It is the responsibility of the Primary Cardholder will be liable for the Transaction and any interest, fees or losses. We may take whatever steps we consider necessary to inform us immediately when a Card is recover lost or stolen or if you know or suspect that someone else may know the Card number or PINCards. iv. you have co-operated fully with our investigation; and v. occur after you tell us that f. Paper or electronic evidence may be sufficient to establish liability for a Card has been lost or stolenTransaction.