Common use of Our Liability for Failure to Complete Transactions Clause in Contracts

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

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Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 54. If access to your Card has been blocked after you reported your Card lost or stolen; 65. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 76. If we have reason to believe the requested transaction is unauthorized; 87. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 98. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card ServiceCardholder Services” at once if you believe your Card has been lost or stolenstolen . Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediatelyCardholder Services immediately at 1.800.624.6171. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from losslost, theft, or unauthorized use. This reduced liability does not apply if a to ATM transactions or PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month periodtransactions not processed by Visa. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxx.xxxx.xxx/xxxxxxxxxxxxx Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province Commonwealth of Ontario Pennsylvania except to the extent governed by U.S. federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your the Gift Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: (1. ) If through no fault of ours, you do not have enough funds available on your the Gift Card to complete the transaction; (2. ) If a merchant refuses to accept your the Gift Card; (3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. ) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; 5. (4) If access to your the Gift Card has been blocked after you reported your the Gift Card lost or stolen; 6. (5) If there is a hold or your the funds are subject to legal or administrative process or other encumbrance restricting their use; 7. (6) If we have reason to believe the requested transaction is unauthorized; 8. (7) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. (8) Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” us at once if you believe your the Gift Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your the Gift Card has been lost or stolen, or that someone has transferred or may transfer money from your the Gift Card Account without your permission, call Card Service immediately0-000-000-0000 or visit XxxxxxxXxxx.xxx. If you notify us within two (2) business daysUnder Mastercard Rules, you can lose no more than $50 will not be held re- sponsible for unauthorized transactions if someone you used your reasonable care in protecting the Gift Card without your permission. If you do not notify us within two (2) business days after you learn of the from loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your promptly reported to us when you knew the Mastercard Gift Card from loss, theft, was lost or unauthorized usestolen. This reduced liability Zero Liability does not apply if a PIN is to Mastercard payment cards used for commercial purposes or anonymous prepaid cards (until such time as the method identity of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at oncecardholder has been registered with us). If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Gift Card has been lost or stolen, we will close your the Gift Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card down losses down and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to terminationsend a replacement Gift Card.

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 54. If access to your Card has been blocked after you reported your Card lost or stolen; 65. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 76. If we have reason to believe the requested transaction is unauthorized; 87. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 98. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card ServiceCardholder Services” at once if you believe your Card has been lost or stolenstolen . Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediatelyCardholder Services immediately at 1-800-624-6171. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from losslost, theft, or unauthorized use. This reduced liability does not apply if a to PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month periodtransactions not processed by Visa. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxx.xxxx.xxx/xxxxxxxxxxxxx Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province Commonwealth of Ontario Pennsylvania except to the extent governed by U.S. federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 2 contracts

Samples: Cardholder Agreement, Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard Mastercard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard Mastercard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardMastercard’s Zero Liability Policy, please visit MasterCardMastercard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxxx://xxx.Xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 2 contracts

Samples: Cardholder Agreement, Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard Mastercard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard Mastercard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardMastercard’s Zero Liability Policy, please visit MasterCardMastercard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxxx://xxx.Xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 2 contracts

Samples: Cardholder Agreement, Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction an Electronic Funds Transfer to or from your Card Account on time or in the correct amount according to our Agreement with youthis Agreement, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We None of us will not be liable, for instanceliable IF: 1. If through no fault of ours, you do not have enough funds available on your a sufficient Available to Withdraw balance to make the Transaction; ● any ATM, other device, Debit Card to complete or computer system was not working properly and you knew about the transactionbreakdown when you started the Transaction; 2. If a merchant refuses to accept your Card; 3. If an ● the ATM where or other device you are making a cash withdrawal using for the Transaction does not have enough cashcash or was otherwise unable to process the Transaction; 4. If an electronic terminal where you are making ● your Account is frozen or otherwise restricted (for example, because of a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process court order or other encumbrance restricting their usesimilar reason) and we are not permitted to make the Transaction; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, fire or flood, or computer or communication failure) prevent the completion of the transactionTransaction, despite the reasonable precautions that we have taken; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card or 9computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. Any There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to you by us or in your other exception stated agreements with Aspiration. None of us will be responsible for any person’s actions in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “refusing to honor or accept your Debit Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft in taking possession of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Debit Card. If your Card has been lost or stolenIn any case, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, liable only for actual proven damages if the change is made for security purposes, we can implement failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to terminationerrors.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a Card transaction to or from your Card Account on time or in the correct amount according to our Agreement with youthis Agreement, we will be liable only for your actual and reasonable losses or damages, subject to the terms of this Agreement and to the extent required by law. However, there There are some exceptions. We circumstances where we will not be liable, for instanceincluding, without limitation: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If if there is a hold an authorization hold, or your funds are Account is subject to legal process or other encumbrance restricting their its use; 7. If if you do not have enough funds in your Account to complete a transaction; if the ATM you are trying to use does not have enough cash; if the ATM, POS terminal, network, or system involved in your transaction did not work properly; if your Registered Mobile Phone fails to send or receive SMS messages; if we are prohibited by law or network rules from completing a transaction; if circumstances beyond our control (for example, natural disasters, earthquakes, fires, floods, war, or acts of terrorism) prevent the completion of the transaction; if a merchant refuses to accept your Access Device; if you provided inaccurate or incomplete information regarding a transaction; if access to your Account is blocked after you reported your Access Device lost or stolen; if a merchant authorizes an amount in excess of the purchase amount; if we have reason to believe the requested transaction is suspicious, fraudulent, or unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any for any other exception stated in our Agreement with youthis Agreement. Your Liability for Unauthorized Transfers - Contact “Card Service” at once Transactions: IF YOU BELIEVE THAT ANY OF YOUR ACCESS DEVICES HAVE BEEN LOST OR STOLEN OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, CONTACT CUSTOMER SERVICE IMMEDIATELY. Remember that your Registered Mobile Phone is an Access Device, and thus its loss or theft must also be reported to us if you believe your Card has been are enrolled in YAP Services. Contacting Customer Service via telephone is the preferred method of communication regarding lost or stolen. Telephoning is the best way to minimize your possible lossesstolen Access Devices. If you believe your Card Access Device has been lost or stolen, or that someone we will close your Account. If your PIN has transferred or been compromised, we retain the right to reset your PIN. You may transfer money from be liable for unauthorized use of your Card Account without your permission, call Card Service immediatelyAccess Devices. If you notify inform us within two (2) business daysBusiness Days after you learn of the loss or theft of any of your Access Devices, you can lose no will not be liable for more than $50 if someone used your Card Access Device without your permission. If you do not NOT notify us within two (2) business days Business Days after you learn of the loss or theft of your Card Access Device, and we can prove that we could have stopped someone from using your Card Access Device without your permission if you had promptly notified usCustomer Service, you could lose be liable for as much as $500.00500. Under MasterCard International Inc. Bylaws and Rules, If your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement history shows transactions that you did not makeauthorize, notify us at onceCustomer Service immediately. If you do not fail to notify us Customer Service of unauthorized transactions on your Account within sixty (60) 90 days after you become aware of the transaction and/ or after the statement Account history was made available to you, you may not get back be entitled to recover any value funds you loss lost after the sixty (60) 90 days if we can prove that we could have stopped someone from taking prevented the value unauthorized transaction if you had notified us Customer Service in time time. In addition, there may be zero liability for non-PIN transactions. As a cardholder, you will not be held responsible in the event of unauthorized purchases provided that the following conditions are met: • Your account is in good standing. • You have exercised reasonable care in safeguarding your card from any unauthorized use. Unauthorized use means that you did not provide, directly, by implication or otherwise, the right to use your card and you are grossly negligent received no benefit from the "unauthorized" purchase. • You have not reported two or fraudulent more unauthorized events in the handling past 12 months. Limitation of Liability: IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. Without limiting the foregoing, you agree not to hold us liable for any damages, including, without limitation, special, incidental, or consequential damages for any spam or phishing messages delivered to you concerning your Carduse of YAP Services or for failure of third parties to timely process bill payment or transactional instructions. If Foreign Transactions: All transactions in foreign currency, including international purchases and international ATM transactions, will be converted into U.S. dollars, and you agree to accept the converted amount. The applicable card association (MasterCard, Visa, or Discover) will use its currency conversion procedures in effect when processing the transaction. The currency conversion rate will be a rate selected by the card association, as applicable, from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the card association itself receives or the government-mandated rate in effect for the applicable central processing date. The currency conversion rate used on the processing date may be different than the rate that was in effect on the date you used your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactionsAccess Device. We do not waive our rights set the currency conversion rates, and we do not receive any portion of the proceeds. You agree to pay us the transaction fees for transactions in foreign currency set forth in the Fee Structure and acknowledge that such transaction fees are subject to change. Recurring Payments or Transfers; Stop Payments: If you have established regular payments or transfers to be made from your Account, you can terminate any of these transfers by delaying contacting Customer Service. We must receive your request at least three Business Days prior to the scheduled payment or failing transfer date. We may require you to exercise them at any timeput your request in writing and send it to us within 14 days. We may charge you a fee for each stop-payment order you issue. If any provision the regular payments you have established vary in amount, the entity you have authorized payment to should inform you 10 days prior to each payment how much the payment is for and when it will be issued. You may choose instead to receive this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. If you inform us to stop one of these payments or transfers three Business Days or more before it is scheduled, and we do not do so, we will be liable for your losses or damages, subject to the terms of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except and to the extent governed required by federal law. Amendment and Cancellation - We may amend In Case of Errors or change Questions about Account Transactions: Contact Customer Service immediately if you think your Account history or receipt is wrong or if you require additional information about a transaction listed on the terms and conditions of this Agreement at any timeAccount history or receipt. You will be notified of any change must contact Customer Service no later than 90 days after the problem or error appears in your Account history. You should provide the manner provided by applicable law prior to the effective date following information: name, Account number, description of the changeerror or the transaction, explanation as to why you believe it is an error or why you need more information, and the dollar amount of the suspected error. However, if the change is made for security purposesIf you inform us orally, we can implement such change without prior noticemay require that you send your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we require additional time, we may cancel take up to 45 days to investigate your complaint or suspend question. If additional investigation is required, we will credit your Card Account within 10 Business Days for the disputed amount. If we ask you to put your complaint or this Agreement at any timequestion in writing and we do not receive it within 10 Business Days, we may not credit your Account. For errors involving new Accounts, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 Business Days to credit your Account for the disputed amount. We will inform you of the results within three Business Days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may cancel this Agreement by returning ask for copies of the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to terminationdocuments that were used in the investigation.

Appears in 1 contract

Samples: www.mangomoney.com

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or pursuant to any request, and/or in the correct amount according to our Agreement with youamount, we will may be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If • if through no fault of ours, you do not have enough adequate funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If transfer • if circumstances beyond our control (such as fire, flood, terrorist attack, national emergency, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once taken • if you believe access to your Card has been blocked after you reported your Card lost or stolen. Telephoning stolen • if there is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions a hold on your Card Account is $0 for any reason • if you notify us promptly your funds are subject to legal process or other encumbrance restricting their use • if your transfer authorization terminates by operation of law • if a computer system or mobile device was not working properly and you exercise reasonable care knew about the problem when you initiated the transaction • if we have reason to believe that the requested transaction is not authorized or as otherwise provided in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply this Agreement What the Credit Union may do if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you You do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - meet Your Card and your obligations Obligations under this Agreement (“Default”): You will be in default if: (a) you fail to pay the Minimum Payment Due by the Payment Due Date; (b) the Credit Union, in its sole discretion, feels insecure (For example: Our good faith belief that your ability to pay your account is impaired; use of your account in any manner or in any way that may expose the Credit Union to a risk of loss; etc.); (c) your ability to repay is materially reduced by a change in your employment, by an increase in your obligations, by bankruptcy or insolvency proceedings involving you, by your death, or (for community property state residents only) by a change in marital status or domicile; (d) you exceed your credit limit without our permission; (e) you have made a false or misleading statement to us in your application or otherwise; (f) you are in default under any other agreement with us; (g) if you use or authorize the use of any Card(s) to make or facilitate any illegal transaction; or (h) you fail to perform any of your other obligations under the terms of this Agreement as it may be amended from time to time. Upon default we may close your Account to future purchases and advances and, to the extent not be assignedprohibited by Governing Law, demand immediate payment of your entire Account balance, after giving you any notice and opportunity to cure the default if required by applicable law. The Credit Union’s sole obligation hereunder with regard to determining and declaring an event of default is the exercise of “good faith,” based on its subjective understanding of applicable facts. We shall also have the right to close your account and terminate access privileges where your account is inactive for such periods of time as we may transfer from time-to-time determine to be appropriate for protecting both our and your interests. When You may be Responsible for Legal and Other Costs: You agree to pay all costs incurred by the Credit Union in collecting any amounts you owe or in enforcing or protecting the Credit Union’s rights under this Agreement, including attorneys’ fees of 20% of the unpaid balance or such greater sum as may be reasonable, and also those costs, expenses and attorneys’ fees incurred in any appellate, bankruptcy and post-judgment proceedings, except as limited or prohibited by applicable law. Use of Updating and Disclosing Financial Information: We may report your Card is subject performance under this Agreement to all applicable rules credit reporting agencies and customs of secure follow- up credit reports on you for any networklegitimate business reason, regulator or other association having jurisdiction over the movement or settlement of transactionsincluding if you fail to make your minimum payments on time. We do not waive our rights by delaying or failing to exercise them can reinvestigate and reevaluate any information you provide on your Visa Application at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date course of the change. However, if the change is made for security purposesdoing so, we can implement such change without prior notice. We may cancel or suspend ask you to provide additional information, request credit bureau reports and/or otherwise verify your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to terminationcurrent credit standing.

Appears in 1 contract

Samples: www.greenvillefcu.com

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has or any code(s) tied to your Card Account have been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 0-000-0-XXXXXX (0-000-000-0000). Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Service immediatelyAccount is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business daysdays of any unauthorized transactions, you can lose no more than $50 50.00 USD if someone used your Card, Code(s), or Card Account without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card, Code(s), or Card Account without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period500.00 USD. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at onceonce following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”. If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html at; xxxx://xxx.xxxx.xxx/ca/personal/en/Visasecurity/zero_liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under Visa / MasterCard International Inc. Bylaws and Rules, your liability for unauthorized Visa / MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For Visa’s / MasterCard’s Zero Liability Policy, please visit Visa’s / MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html website. Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html at; xxxx://xxx.xxxx.xxx/ca/personal/en/Visasecurity/zero_liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card consumer account on time or in the correct amount according to our Agreement agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptionsthe balance to cover a transaction. We will are not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If if an ATM where you are making a cash withdrawal or device does not have enough cash; 4. If an electronic terminal where you are making a transaction does cash or is not operate working properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If , if circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; if the merchant requests authorization for an amount greater than your balance amount, or 9. Any if there are other exception exceptions stated in our Agreement with youthis agreement or as provided by law. Your Consumer Liability for Unauthorized Electronic Fund Transfers - Contact “Card Service” Tell us at once if you believe your Card ATM Card, Debit Card, PIN, or internet banking access code has been lost or stolen. Telephoning is the best way to minimize stolen or if you believe that an electronic fund transfer has been made without your possible lossespermission using information from your check. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify tell us within two (2) 2 business days, you can lose no more than $50 if someone used your Card card, PIN or code without your permission. If you do not notify tell us within two (2) 2 business days after you learn of the loss or theft of your Card card, PIN or code, and we can prove that we could have stopped someone from using your Card without your permission unauthorized transactions if you had promptly notified told us, you could lose as much as $500.00500. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or If your statement shows transactions electronic fund transfers that you did not make, notify tell us at once. If you do not notify tell us within sixty (60) 60 calendar days after you become aware of the transaction and/ or after the statement was sent or otherwise made available to you, you may not get back any value money you loss lost after the sixty (60) days 60 calendar days, if we can prove that we could have stopped someone from taking prevented the value transactions if you had notified told us in time and you are grossly negligent or fraudulent in the handling of time. Consumer Liability for Unauthorized MasterMoney® Debit Card Transactions The limitations on your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject liability for unauthorized transactions described above generally apply to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the changeelectronic fund transfers. However, if different limitations apply to certain transactions involving your card with the change is made MasterCard® branded card. If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your MasterCard® branded card, zero liability will be imposed on you for security purposesthe unauthorized transaction. In order to qualify for the zero liability protection, we can implement you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such change without prior notice. We may cancel loss or suspend your Card theft, promptly reported the loss or this Agreement at any time. You may cancel this Agreement by returning the Card theft to us. Your termination Fees Fees for all EFT services are disclosed in our Fee Schedule. Disclosure of Account Information to Third Parties Information about your account or the transactions you made will be disclosed to third parties:  As necessary to complete transactions;  In connection with the investigation of any claim you initiate;  To comply with government agency, arbitration or court orders;  With your written permission;  As permitted by our Privacy Notice. Services Not Covered by this Agreement will Disclosure EFT services described in the Electronic Funds Transfer Disclosure do not affect include wire transfers, re-presented checks, and any of our rights or your obligations arising under this Agreement prior to termination.other transactions that are not covered by Federal Regulation E.

Appears in 1 contract

Samples: Deposit Account Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Inc Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardMastercard’s Zero Liability Policy, please visit MasterCardMastercard’s website at at; xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

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Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxxx://xxx.xxxx.xxx/ca/personal/en/Visasecurity/zero_liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 54. If access to your Card has been blocked after you reported your Card lost or stolen; 65. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 76. If we have reason to believe the requested transaction is unauthorized; 87. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 98. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxxx://xxx.xxxx.xxx/ca/personal/en/Visasecurity/zero_liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. For Consumer Accounts Only [see below for Business Accounts (including Trusts and Sole Proprietors)]: If we do not properly complete a transaction to or from your Card account on time time, or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptionswe will not be liable for any special, consequential, incidental or punitive losses, damages, or expenses in connection with this agreement or the service, even if we have knowledge of the possibility of the loss, unless such liability is mandated by law or regulation. We will not be liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any cause beyond our reasonable control. For instance, we will not be liable: □ If, for instance: 1. If through no fault of ours, you do not don’t have enough available funds in your account (or available on funds under your Card overdraft protection plan), or credit to complete cover the transactiontransaction or transfer; 2. If a merchant refuses to accept your CardOnline Banking services weren’t working properly, and you knew about the malfunction when you started the transaction or transfer; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, fire or flood, ) prevented the transaction or computer or communication failure) prevent the completion of the transactiontransfer, despite reasonable precautions that we have we’ve taken; or 9□ If there are postal delays or processing delays by the Payee; There may be other exceptions not specifically mentioned. Any For Business Accounts Only (Including Accounts Owned by Sole Proprietors and Trusts) ■ Protecting Your Passcode You agree that we may send notices and other exception stated communications, including passcode confirmations, to the current address shown in our Agreement with yourecords, whether or not that address includes a designation for delivery to the attention of any particular individual. Your Liability for Unauthorized Transfers - Contact “Card Service” You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at once your place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new passcode if you believe your Card has been lost passcode may have become known to an unauthorized person. The Bank will have no liability to you for any unauthorized payment or stolen. Telephoning is the best way to minimize transfer made using your passcode that occurs before you have notified us of possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card unauthorized use and we can prove have had a reasonable opportunity to act on that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to terminationfraudulent manner.

Appears in 1 contract

Samples: www.pebank.net

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediatelyus at 0-000-000-0000. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxxx://xxx.xxxxxxxxxx.xxx/ca/personal/ en/mastercardsecurity/zero_liability.html. Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any timeanytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 54. If access to your Card has been blocked after you reported your Card lost or stolen; 65. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 76. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 98. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card ServiceCardholder Services” at once if you believe your Card has been lost or stolenstolen . Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediatelyCardholder Services immediately at 1-800-624-6171. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00500. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from losslost, theft, or unauthorized use. This reduced liability does not apply if a to PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month periodtransactions not processed by Visa. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxx.xxxx.xxx/xxxxxxxxxxxxx Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province Commonwealth of Ontario Pennsylvania except to the extent governed by U.S. federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiatedthe transaction; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If unauthorized;If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has or any code(s) tied to your Card Account have been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 0-000-0-XXXXXX (0-000-000-0000). Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Service immediatelyAccount is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business daysdays of any unauthorized transactions, you can lose no more than $50 50.00 USD if someone used your Card, Code(s), or Card Account without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card, Code(s), or Card Account without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period500.00 USD. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at onceonce following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”. If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/ or and/or after the statement was made available to you, you may not get back any value you loss lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Asset Purchase Agreement (Payment Data Systems Inc)

Our Liability for Failure to Complete Transactions. If we do not properly complete a an Access Device transaction to or from your Card Account on time or in the correct amount according to our Agreement with youthis Agreement, we will may be liable only for your actual and reasonable losses or damages, subject to the terms of this Agreement and to the extent required by applicable law. However, there There are some exceptions. We circumstances where we will not be liable, for instanceincluding, without limitation: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If if there is a hold an authorization hold, or your funds are Account is subject to legal process or other encumbrance restricting their its use; 7. If if you do not have enough funds in your Account to complete a transaction; if the ATM you are trying to use does not have enough cash; if the ATM, POS terminal, network, or system involved in your transaction did not work properly; if your Registered Mobile Device fails to send or receive SMS messages; if we are prohibited by applicable law or network rules from completing a transaction; if circumstances beyond our control (for example, natural disasters, earthquakes, fires, floods, war, or acts of terrorism) prevent the completion of the transaction; if a merchant refuses to accept your Access Device; if you provided inaccurate or incomplete information regarding a transaction; if access to your Account is blocked after you reported your Access Device lost or stolen; if a merchant authorizes an amount in excess of the purchase amount; if we have reason to believe the requested transaction is suspicious, fraudulent, or unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any for any other exception stated in our Agreement with youthis Agreement. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe Transactions: IF YOU BELIEVE THAT ANY OF YOUR ACCESS DEVICES HAVE BEEN LOST OR STOLEN OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, CONTACT CUSTOMER SERVICE IMMEDIATELY. Remember that your Card has been Registered Mobile Device is an Access Device, and thus its loss or theft must also be reported to us. Contacting Customer Service via telephone is the preferred method of communication regarding lost or stolen. Telephoning is the best way to minimize your possible lossesstolen Access Devices. If you believe your Card Access Device has been lost or stolen, or that someone we will close your Account. If your PIN has transferred or been compromised, we retain the right to reset your PIN. You may transfer money from be liable for unauthorized use of your Card Account without your permission, call Card Service immediatelyAccess Devices. If you notify inform us within two (2) business daysBusiness Days after you learn of the loss or theft of any of your Access Devices, you can lose no will not be liable for more than $50 if someone used your Card Access Device without your permission. If you do not NOT notify us within two (2) business days Business Days after you learn of the loss or theft of your Card Access Device, and we can prove that we could have stopped someone from using your Card Access Device without your permission if you had promptly notified usCustomer Service, you could lose be liable for as much as $500.00500. Under MasterCard International Inc. Bylaws and Rules, If your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement history shows transactions that you did not makeauthorize, notify us at onceCustomer Service immediately. If you do not fail to notify us Customer Service of unauthorized transactions on your Account within sixty (60) 90 days after you become aware of the transaction and/ or after the statement Account history was made available to you, you may not get back be entitled to recover any value funds you loss lost after the sixty (60) 90 days if we can prove that we could have stopped someone from taking prevented the value unauthorized transaction if you had notified Customer Service in time. • Limitation of Liability: IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. Without limiting the foregoing, you agree not to hold us liable for any damages, including, without limitation, special, incidental, or consequential damages for any spam or phishing messages delivered to you or for failure of third parties to timely process xxxx payment or transactional instructions. • Foreign Transactions: All transactions in time foreign currency, including international purchases and international ATM transactions, will be converted into U.S. dollars, and you are grossly negligent agree to accept the converted amount. MasterCard will use its current currency conversion procedures in effect when processing the transaction. The currency conversion rate will be a rate selected from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate MasterCard receives or fraudulent the government-mandated rate in effect for the handling of applicable central processing date. The currency conversion rate used on the processing date may be different than the rate that was in effect on the date you used your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s Zero Liability Policy, please visit MasterCard’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactionsAccess Device. We do not waive our rights set the currency conversion rates, and we do not receive any portion of the proceeds. You agree to pay us the transaction fees for transactions in foreign currency set forth in the Fee Schedule and acknowledge that such transaction fees are subject to change. • Recurring Payments or Transfers; Stop Payments: If you have established regular payments or transfers to be made from your Account, you can terminate any of these transfers by delaying contacting Customer Service. We must receive your request at least three Business Days prior to the scheduled payment or failing transfer date. We may require you to exercise them at any timeput your request in writing and send it to us within 14 days. We may charge you a fee for each stop-payment order you issue. If any provision the regular payments you have established vary in amount, the entity you have authorized payment to should inform you 10 days prior to each payment how much the payment is for and when it will be issued. You may choose instead to receive this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. If you inform us to stop one of these payments or transfers three Business Days or more before it is scheduled, and we do not do so, we will be liable for your losses or damages, subject to the terms of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except and to the extent governed required by federal law. Amendment and Cancellation - We may amend • In Case of Errors or change Questions about Account Transactions: Contact Customer Service immediately if you think your Account history or receipt is wrong or if you require additional information about a transaction listed on the terms and conditions of this Agreement at any timeAccount history or receipt. You will be notified of any change must contact Customer Service no later than 90 days after the problem or error appears in your Account history. You should provide the manner provided by applicable law prior to the effective date following information: name, Account number, description of the changeerror or the transaction, explanation as to why you believe it is an error or why you need more information, and the dollar amount of the suspected error. However, if the change is made for security purposesIf you inform us orally, we can implement such change without prior noticemay require that you send your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we require additional time, we may cancel take up to 45 days to investigate your complaint or suspend question. If additional investigation is required, for eligible transactions we will credit your Card Account within 10 Business Days for the disputed amount. If we ask you to put your complaint or this Agreement at any timequestion in writing and we do not receive it within 10 Business Days, we may not credit your Account. For errors involving new Accounts, POS transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 Business Days to credit your Account for the disputed amount. We will inform you of the results within three Business Days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may cancel this Agreement by returning ask for copies of the documents used in our investigation. • Confidentiality: We may disclose information to third parties, about your Account and the transactions you make using your Access Devices, for the following reasons: to complete transactions; to verify the existence and condition of your Account for a third party, such as a merchant; to comply with government agency or court orders, or other legal reporting requirements; if you give us your permission; to our employees, auditors, affiliates, service providers, or attorneys, as needed; and as permitted under the Card Program Privacy Policy. Please read the Privacy Policy provided to usyou when you opened your Account, the most current version of which is available on the Website. Your termination • Indemnification: You agree to indemnify and hold us and our officers, directors, affiliates, and employees harmless from and against any and all claims, suits, damages, judgments, liabilities, costs, and expenses (including, without limitation, attorneys' fees) made or incurred due to or arising out of your breach of this Agreement will not affect any of our rights Agreement, your fraud or willful misconduct, or your obligations arising under this Agreement prior violation of any law or the rights of a third party relating to terminationyour use of the Access Devices.

Appears in 1 contract

Samples: Customer Agreement

Our Liability for Failure to Complete Transactions. If We shall have no liability to you if we do not properly are unable to complete a transaction from your Card on time or in the correct amount according to for reasons beyond our Agreement with you, control. In no event shall we will be liable only to you for your actual and reasonable losses any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. However, there are some exceptionsYou agree that your recovery for any alleged negligence or misconduct by us shall be limited to the initial value of the Account. We will This provision shall not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card effective to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with youextent prohibited by law. Your Liability for Unauthorized Transfers - Transfers, Loss or Theft. You should protect the Account against theft with the same level of care that you use to protect the cash in your wallet. We cannot prevent the unauthorized use of the Account by others and cannot replace funds used by any unauthorized user. You agree to safeguard your Account against loss, theft and unauthorized use by taking all reasonable precautions. You agree to notify us IMMEDIATELY by calling Customer Service (see section above entitled “How to Contact “Card Service” at once Us”) if your Account is lost or stolen or you believe that someone has made an unauthorized transaction with your Account. We may not be able to assist you if you believe your Card has been lost or stolen. Telephoning is do not have the best way to minimize your possible lossesAccount number. If we determine that unauthorized use has occurred with your Account, we will cancel your Account and issue you believe a replacement Account loaded with the remaining value on your Account, if any. There may be a fee associated with ordering a replacement Card has been (see section above entitled “Schedule of Fees”). We reserve the right to decline to issue you a replacement Account in accordance with applicable law. Your liability for the unauthorized use of your Account may be limited by Visa. Under the Visa rules, you will have no liability for unauthorized transactions if your Account is lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or provided you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are been grossly negligent or fraudulent engaged in fraud in the handling of your CardAccount and further provided that you promptly report such loss or theft to us by calling Customer Service. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCard’s The Visa Zero Liability Policy, please visit MasterCard’s website policy does not apply to certain commercial card and anonymous prepaid card transactions or transactions not processed by Visa. Obtaining the Balance on the Account. You should get a receipt at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html Other Terms - Your Card and the time you make a transaction using the Account. You agree to retain your obligations under this Agreement may receipt to verify your transactions. You are responsible for keeping track of the available balance on the Account. Merchants generally will not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject able to all applicable rules and customs of any network, regulator or other association having jurisdiction over determine the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any timeavailable balance. You will be notified of any change in can also retrieve the manner provided balance by applicable law prior calling Customer Service or visiting our Website (see section above entitled “How to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to terminationContact Us”).

Appears in 1 contract

Samples: pdf4pro.com

Our Liability for Failure to Complete Transactions. If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Under MasterCard International Inc. Visa Inc Bylaws and Rules, your liability for unauthorized MasterCard Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/ or after the statement was made available to you, you may not get back any value you loss after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For MasterCardVisa’s Zero Liability Policy, please visit MasterCardVisa’s website at xxxx://xxx.xxxxxxxxxx.xx/zero-liability.html xxxx://xxx.xxxx.xxx/ca/personal/en/ Visasecurity/zero_liability.html Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Province of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Appears in 1 contract

Samples: Cardholder Agreement

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