Common use of Unauthorised transactions Clause in Contracts

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 15 contracts

Sources: Framework Contract, Framework Contract, Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, executed or if your payment instrument instruction is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a that transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from from (a) the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument instruction in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated;. (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 4 contracts

Sources: Framework Contract, Framework Contract, Framework Contract

Unauthorised transactions. If you become aware an Unauthorised Transaction occurs as a result of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorisedour failure, we will refund you the amount of it to you and, if necessary, that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your account E-Money Wallet to the state that it would have been in if had the unauthorised transaction had Unauthorised Transaction not taken place PROVIDED THAT: (a) place. Generally, you will bear not be liable for losses incurred after you have notified us of the loss Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us. You will be liable for the first £35 of any losses you incur in respect of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted Unauthorised Transaction which arises from the use of a lost, lost or stolen or misappropriated payment instrument unless credentials (i) the loss, theft or misappropriation was not detectable to you prior to the payment and for example when you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument login details for your Coinbase Account secure), and personalised security credentials safeif you are fraudulent, or you intentionally or negligently fail to use the payment instrument carry out your obligations under this Agreement and this results in Unauthorised Transactions (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standardsSections 3.2 and/or 4.10), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not bear just the first £35. Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was authorised, we may reverse that credit and correct errors made in any financial losses unless statement of E-Money Wallet without prior notice to you, although please note that during this period your E-Money Wallet may be temporarily locked to avoid further Unauthorised Transactions. You will also be liable to us (as a debt) for any E-Money you have acted fraudulentlytransferred which was temporarily credited to your E-Money Wallet.

Appears in 2 contracts

Sources: User Agreement, User Agreement

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: : (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. . (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with a gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay promptly of it being lost, stolen, misappropriated or used in an unauthorised manner; ; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen stolen, or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 2 contracts

Sources: Framework Contract, Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 2 contracts

Sources: Framework Contract, Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, lost or stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if If we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Payment Services Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a that transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our your behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with a gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Payment Services Framework Contract

Unauthorised transactions. If you become 8.1. We may be liable to You where We perform a Transaction for You that You did not authorise Us to perform. Save to the extent You are not liable under Item 8.2 or 8.3 for a Transaction not authorised by You, We will refund the Transaction amount to You promptly, but at the latest by the end of the Business Day following the day on which We were notified the Transaction concerned has not been authorised or otherwise became aware of a transaction on your account the unauthorised Transaction. We shall also have no claim against You for reimbursement of Our expenses. If We suspect that is unauthorised or incorrectly executedthere has been fraudulent activity by You, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. Our obligation to refund You will be entitled suspended, pending further investigation, and such investigation will be undertaken promptly. 8.2. You may be liable up to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the maximum amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THATGBP 50 for losses that: (a) you will bear the loss of an a. result from unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences Transactions resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that otherwise missing Transaction data (see above Item 4.3.b); or b. result from Your misuse of Transaction data. 8.3. We will not hold You liable under Item 8.2 if it has been lostwas not possible for You to detect such loss, stolen theft or misappropriated; (d) misuse of the Transaction data or if the loss of the Transaction data was caused by an employee or vicarious agent acting on Our behalf, one of Our branches or another external service provider we have appointed. 8.4. Your liability for losses arising from an unauthorised Transaction shall not required strong customer authenticationbe limited to a maximum amount of GBP 50 as set out in Item 8.2 if You acted with fraudulent intent or contributed to the misuse of Transaction data intentionally or through grossly negligent conduct. In these cases, You are liable for all losses caused by any unauthorised Transaction. Gross negligence in accordance particular includes but is not limited to cases in which You do not promptly notify Us about a loss of Transaction data or if You do not keep Transaction data safe or if You disclose it to third parties. 8.5. Unless you acted with applicable legal or regulatory standardsfraudulent intent, you will You are not bear any financial liable to us: a. for losses unless you have acted fraudulentlyresulting from an unauthorised use of Transaction data that arise after receipt by Us of a notification under Item 4.5; or b. if We did not ensure that Our contact facilities were available to You for the purposes of making a notification under Item 4.5.

Appears in 1 contract

Sources: Service Agreement

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) : you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) . you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) ; so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) ; if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently. Refunds of direct debits: Not applicable to Cobh Credit Union Ltd at present Unique identifier: If you give us an order to make a payment from your account and we execute it in accordance with the correct unique identifier, we will be taken to have executed it correctly as regards the beneficiary of that order. If you give us an incorrect unique identifier, we will not be liable for the non- execution, or defective execution, of the order. We will, however, make reasonable efforts to recover the funds involved. Our liability if you make a payment out of your account: If you give us an order to make a payment from your account, we are liable to you for its correct execution unless we can prove to you (and if necessary to the beneficiary’s PSP) that the beneficiary’s PSP received the payment. If we are so liable to you for a defective or incorrectly executed order, we will refund the amount of it to you and, if applicable, restore your account to the state that it would have been in if the defective or incorrect transaction had not taken place. Irrespective of whether we are liable to you or not in these circumstances, we will try to trace the transaction and notify you of the outcome. If we refuse to execute a payment transaction we will provide the reasons to you and the procedure for correcting any factual mistakes that may have led to the refusal unless prohibited by law or regulatory requirements. Our liability if you receive a payment in to your account: If the payer’s PSP can prove that we received the payment for you, then we will be liable to you. If we are liable to you, we will immediately place the amount of the transaction at your disposal and credit the amount to your account. If you have arranged for a direct debit to be paid into your account, we will be liable to transmit that order to the payer’s PSP. We will ensure that the amount of the transaction is at your disposal immediately after it is credited to our account. If we are not liable as set out above, the payer’s PSP will be liable to the payer for the transaction. Regardless of whether we are liable or not, we will immediately try to trace the transaction and notify you of the outcome. Duration, changes and termination: Your contract with us, as detailed in this Framework Contract, is of indefinite duration. If we want to change any part of the information provided herein which is required by Regulation 76, we will give you at least two months’ written notice of the proposed change where required by law to do so. If you do not notify us within that two-month period that you do not accept the proposed change, you will be deemed to have accepted it. If you do not want to accept the proposed change, you must notify us in writing and you will be allowed to terminate your contract with us in relation to the account to which this Framework Contract relates immediately and without charge before the end of that two-month period. If we change an interest rate or an exchange rate in a way that is more favourable to you, we have the right to apply that change immediately and write to you soon afterwards confirming that change. We can change an exchange rate immediately and without notice if that change is based upon the reference exchange rate agreed in this Framework Contract. You may terminate your contract with us in relation to the account to which this Framework Contract relates on one month’s notice in writing. We may terminate our contract with you in relation to the account to which this Framework Contract relates on giving you two months’ notice in writing. Governing law and language: This Framework Contract shall be governed by and construed in accordance with the laws of Ireland, and all communication between us and you during our contractual relationship shall be conducted in English.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a that transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a that transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) : you will bear the loss of an unauthorised transaction on your account, up to a total of €50150, if the unauthorised transaction resulted from the use of a lost, lost or stolen or misappropriated payment instrument unless (i) or your failure to keep the loss, theft or misappropriation was not detectable to you prior to the personalised security features of that payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) instrument safe; you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with a gross negligencelack of reasonable care, or if you failed to take all reasonable steps to keep the payment instrument and personalised its security credentials features safe, to use the payment instrument it in accordance with any terms that we tell you tellyou are applicable to it, and to notify us without undue delay promptly of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently ; you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract 76 Information that it has been lost, stolen or misappropriated; (d) if . Refunds of direct debits: If a direct debit is taken from your account but: your direct debit authorisation did not specify the exact amount of the payment; and the amount of the payment exceeded the amount you could reasonably have expected taking into account your previous spending patterns, this Framework 76 Information and other relevant circumstances; and you give us such factual information as we may require; and you did not give us consent in advance to the direct debit being taken from your account; and neither we nor the beneficiary of the direct debit made information available to you about the transaction at least four weeks before the debit date, Then you may request a refund from us of that direct debit for an eight week period following the debit date. We will then have not required strong customer authenticationten business days to refund you, in accordance with applicable legal or regulatory standards, give you will not bear any financial losses unless you have acted fraudulentlyreasons for our refusal to refund you.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If 10.1. You must notify the Platform Provider of unauthorised transactions. You must notify the Platform Provider no later than 30 days from the date of transaction (Notification Deadline) for any transaction that has not been authorised by you become aware of a or unauthorised transaction on your account that is has been recorded to you. 10.2. We may investigate unauthorised and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, executed incorrectly. We may ask you must tell to provide us without undue delay and, in any event, within thirteen months of such a transaction being debited from your accountwith supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will be entitled treat any payment instruction given via the Platform or Platform Provider as evidence of authorisation of the payment, and in this case you will need to rectification from provide us if with evidence to show that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, not authorised in accordance with these Terms. 10.3. When will we not make a refund? We will not make a full refund the amount of it to and you and, if necessary, restore your account to the state that it would have been in if will be responsible for the unauthorised transaction had not taken place PROVIDED THATtransactions, in the following circumstances: (a) you will bear the loss of an unauthorised transaction on your accounthave acted fraudulently, up or we have good reasons to a total of €50believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund; (b) we are not notified by you about the unauthorised transaction resulted from transaction, or we are notified after the use applicable Notification Deadline specified in Clause 9.1; (c) we are not notified, or are notified late of a lostany security issues with any account you maintain with us or and/or your Platform, stolen or misappropriated payment instrument unless (i) about the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) Services – you will bear be responsible for all losses relating to an unauthorised transaction on your account if transactions that occurred before the date when you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you and we will not bear issue a refund for any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract unauthorised transactions that it has been lost, stolen or misappropriatedoccurred before we were notified; (d) if we have not required strong customer authentication, you deliberately or with gross negligence (i.e. extremely carelessly) compromise the security of any account you maintain with us or fail to use any Services in accordance with applicable legal these Terms; and (e) any account you maintain with us or regulatory standardsany Services was misappropriated (i.e. used by someone else). 10.4. Can we take back the refund? If, you will not bear any financial losses unless as a result of our investigation, we discover that the transaction was authorised appropriately and executed by us correctly, that you have acted fraudulentlyfraudulently or that you have acted deliberately or with gross negligence (i.e. extremely carelessly), we will deduct from (a) funds held by us on your behalf or (b) funds provided to us as credit support for your obligations under these Terms all sums previously refunded to you. If you do not have sufficient funds, we will make a request for immediate payment. You shall immediately transfer an amount which equals the shortfall to a bank account nominated by us.

Appears in 1 contract

Sources: Terms and Conditions

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. 16.1 If you become aware of are a transaction on your account small business customer, we will be responsible for any transactions that is unauthorised you did not authorise unless provided for in the below Term 16.3 or incorrectly executedTerm 16.4. 16.2 If you are a large business customer, then unless the Term 16.3 or if your payment instrument is lostTerm 16.4 applies, stolen or misappropriated, we will be responsible for any transactions that you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. did not authorise. 16.3 You will be entitled responsible for any use of your card, or that of a nominated cardholder, by a person who is acting as your agent, or who the law treats as acting as your agent. 16.4 You will also be responsible for any use of a card by a person who took possession of it with your (or your nominated cardholder’s) consent. However, unless you have acted fraudulently, this Term 16.4 does not apply to rectification from any use of the card by such a person: (a) after you have notified us if that the card is lost or stolen or that it may be misused; or (b) where the card is used to pay for goods or services under a contract which is made without the parties being in each other’s presence (e.g. where the contract is made over the telephone or internet). 16.5 If you tell us that a transaction with your card was unauthorised not authorised by you (or incorrectly executeda nominated cardholder) we will examine your account and the circumstances of the transaction. If Once we are reasonably satisfied that the transaction was unauthorisednot authorised by a nominated cardholder and that we are required to refund it, we will refund the transaction amount together with any interest and charges on that amount. If we subsequently discover that you were not entitled to a refund, we may re-debit the amount of it the transaction to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted . This will take effect from the use original date the transaction was added to your account. 16.6 We will not be liable where you give us incorrect account details in respect of a lostpayment you wish to make. However, stolen or misappropriated payment instrument unless (i) we will make reasonable efforts to help you get the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalfmoney back. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Credit Card Agreement

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, executed or if your payment instrument instruction is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a that transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction trans- action on your account, up to a total of €50, if the unauthorised unauth- orised transaction resulted from (a) the use of a lost, stolen or misappropriated payment instrument unless unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, ,intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument instruction in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated;. (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If 10.1. You must notify the Platform Provider of unauthorised transactions. You must notify the Platform Provider no later than 7 days from the date of transaction for any transaction that has not been authorised by you become aware of or has been recorded to you. 10.2. When will we not make a transaction on your account that is refund? We will not make a full refund and you will be responsible for the unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay andtransactions, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THATfollowing circumstances: (a) you will bear the loss of an unauthorised transaction on your accounthave acted fraudulently, up or we have good reasons to a total of €50believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund; (b) we are not notified by you about the unauthorised transaction resulted from transaction, or we are notified after the use applicable Notification Deadline specified in paragraph Error! Reference source not found.; (c) we are not notified, or are notified late of a lostany security issues with the Nium Account and/or your Platform, stolen or misappropriated payment instrument unless (i) about the loss, theft or misappropriation was not detectable to you prior to of the payment and you have not acted fraudulently, Pay In or (ii) Pay Out services or the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) Nium Account – you will bear be responsible for all losses relating to an unauthorised transaction on your account if transactions that occurred before the date when you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you and we will not bear issue a refund for any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract unauthorised transactions that it has been lost, stolen or misappropriatedoccurred before we were notified; (d) if we have not required strong customer authentication, you (and/or the Card and/or Nium Account user) deliberately or with gross negligence (i.e. extremely carelessly) compromised the security of the Nium Account fail to use the Pay In or Pay Out services or the Nium Account in accordance with applicable legal these Terms; and (e) the Nium Account was misappropriated (i.e. used by someone else). 10.3. We may investigate unauthorised and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorised or regulatory standardsexecuted incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorisation of the payment, and in this case you will need to provide us with evidence to show that the transaction was not bear any financial losses unless authorised in accordance with these Terms. 10.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorised appropriately and executed by us correctly, that you have acted fraudulentlyfraudulently or that you have acted intentionally or with gross negligence (i.e. extremely carelessly), we will deduct from your Available Balance all sums previously refunded to you. If you do not have sufficient Available Balance, we will make a request for immediate payment.

Appears in 1 contract

Sources: Terms and Conditions

Unauthorised transactions. If you become aware an Unauthorised Transaction occurs as a result of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorisedour failure, we will refund you the amount of it to you and, if necessary, that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your account E-Money Wallet to the state that it would have been in if had the unauthorised transaction had Unauthorised Transaction not taken place PROVIDED THAT: (a) place. Generally, you will bear not be liable for losses incurred after you have notified us of the loss Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us. You will be liable for the first £35 of any losses you incur in respect of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted Unauthorised Transaction which arises from the use of a lost, lost or stolen or misappropriated payment instrument unless credentials (i) the loss, theft or misappropriation was not detectable to you prior to the payment and for example when you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument login details for your ▇▇▇▇▇▇▇▇▇.▇▇▇ Account secure), and personalised security credentials safeif you are fraudulent, or you intentionally or negligently fail to use the payment instrument carry out your obligations under this Agreement and this results in Unauthorised Transactions (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with Sections 3.2 and/or 4.10), you will be liable for all resultant losses incurred as a result of any terms such Unauthorised Transactions, not just the first £35. Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was authorised, we tell may reverse that credit and correct errors made in any statement of E-Money Wallet without prior notice to you, although please note that during this period your E-Money Wallet may be temporarily locked to avoid further Unauthorised Transactions. You will also be liable to us (as a debt) for any E- Money you are applicable have transferred which was temporarily credited to it, and your E-Money Wallet. Incorrect Transactions. Where an Incorrect Transaction is made as a result of our action or error we shall refund to notify us you the amount of that transaction without undue delay of and restore your E-Money Wallet to the state in which it being lostwould have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, stolen, misappropriated or used in an unauthorised manner; (c) so long as and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot acted fraudulently you guarantee that we will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulentlybe able to trace such transactions.

Appears in 1 contract

Sources: User Agreement

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions action or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authenticationauthentication for any transaction to which you are party as the payer, in accordance with applicable legal or regulatory standardsstandards applicable to us, you will not bear any financial losses relating to any such transaction which is unauthorised unless you have acted fraudulently.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (iI) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument 3 Credit union must provide full details of any charges, interest and personalised security credentials safe, to use the payment instrument exchange rates in accordance with any terms that we tell you are applicable to it, a durable medium and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulentlyadvance.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If you become aware an Unauthorised Transaction occurs as a result of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorisedour failure, we will refund you the amount of it to you and, if necessary, that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your account E-Money Wallet to the state that it would have been in if had the unauthorised transaction had Unauthorised Transaction not taken place PROVIDED THAT: (a) place. Generally, you will bear not be liable for losses incurred after you have notified us of the loss Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us. You will be liable for the first £35 of any losses you incur in respect of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted Unauthorised Transaction which arises from the use of a lost, lost or stolen or misappropriated payment instrument unless credentials (i) the loss, theft or misappropriation was not detectable to you prior to the payment and for example when you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument login details for your MNOCOINS Account secure), and personalised security credentials safeif you are fraudulent, or you intentionally or negligently fail to use the payment instrument carry out your obligations under this Agreement and this results in Unauthorised Transactions (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standardsSections 3.2 and/or 4.10), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not bear just the first £35. Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was authorised, we may reverse that credit and correct errors made in any financial losses unless statement of E-Money Wallet without prior notice to you, although please note that during this period your E-Money Wallet may be temporarily locked to avoid further Unauthorised Transactions. You will also be liable to us (as a debt) for any E-Money you have acted fraudulentlytransferred which was temporarily credited to your E-Money Wallet.

Appears in 1 contract

Sources: User Agreement

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf.behalf.‌ (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) : you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) . you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) ; so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated; (d) ; if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently. Refunds of direct debits: If a direct debit is taken from your account but: your direct debit authorisation did not specify the exact amount of the payment; and the amount of the payment exceeded the amount you could reasonably have expected taking into account your previous spending patterns, this Framework Contract and other relevant circumstances; and you give us such factual information as we may require; and you did not give us consent in advance to the direct debit being taken from your account; and neither we nor the beneficiary of the direct debit made information available to you about the transaction at least four weeks before the debit date, then you may request a refund from us of that direct debit for an eight week period following the debit date. We will then have ten Business Days to refund you, or give you reasons for our refusal to refund you and that your right to refer the matter to the FSO, see clause 17 below for further details.

Appears in 1 contract

Sources: Framework Contract

Unauthorised transactions. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT: (a) you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf. (b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with a gross negligence, or if you failed to take all reasonable steps to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay promptly of it being lost, stolen, misappropriated or used in an unauthorised manner; (c) so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen stolen, or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated;. (d) if we have not required strong customer authentication, in accordance with applicable legal or regulatory standards, you will not bear any financial losses unless you have acted fraudulently.

Appears in 1 contract

Sources: Framework Contract