Common use of PERSONAL FINANCIAL MANAGEMENT Clause in Contracts

PERSONAL FINANCIAL MANAGEMENT. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIN, and/or PIW and that the Financial Institution is not liable for the Depositor’s failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that the Depositor shall be bound by and liable for any use of the PAC, PIN, and/or PIW by a member of any Authorized User’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s jurisdiction. The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, the Depositor’s suspicion and the facts upon which the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by an Authorized User in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which an Authorized User may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.

Appears in 2 contracts

Samples: Account Agreement Terms and Conditions, Account Agreement Terms and Conditions

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PERSONAL FINANCIAL MANAGEMENT. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIN, and/or PIW and that the Financial Institution is not liable for the Depositor’s failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that the Depositor they shall be bound by and liable for any use of the PAC, PIN, and/or PIW by a member of any Authorized Userthe Depositor’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct not use the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s jurisdiction. The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, the Depositor’s suspicion and the facts upon which the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by an Authorized User the Depositor in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which an Authorized User the Depositor may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.’s

Appears in 1 contract

Samples: Account Agreement Terms And

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PERSONAL FINANCIAL MANAGEMENT. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIN, and/or PIW and that the Financial Institution is not liable for the Depositor’s failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that the Depositor they shall be bound by and liable for any use of the PAC, PIN, and/or PIW by a member of any Authorized Userthe Depositor’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has they have received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct not use the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s jurisdiction. The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, the Depositor’s suspicion and the facts upon which the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by an Authorized User the Depositor in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which an Authorized User the Depositor may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.

Appears in 1 contract

Samples: Account Agreement Terms and Conditions

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