Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders. 6.2 Notwithstanding the provision above, you shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have acted fraudulently or have, with intent or gross negligence, failed to comply with the Agreement or law, including your obligations to preserve the security of your Identifying Credentials, providing access to your account, e-money or Card or other. When you do not act as a Consumer and you use your myPOS Card you agree that it is for you to prove that the payment transaction was unauthorized or incorrectly executed. 6.3 You shall be entitled to redress losses (excluding fees or interest in case of when you are not a Consumer) incurred by you in respect of unauthorized or incorrect transactions made after you have informed us for the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument without undue delay in the day when your account was debited or within 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in the interest of consumer. We will, on your request, make efforts to trace the transaction and notify you of the outcome. Where you are entitled to a redress, we will refund the amount
Appears in 6 contracts
Samples: Mypos Card Agreement, Mypos Card Agreement, Mypos Card Agreement
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 13.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or willful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that 3rd parties or damaged by the payment transaction was unauthorized Client or incorrectly executed3rd parties after the approval of the transaction.
6.3 You 13.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or willful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
13.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the Service, including, but not limited to accounts or cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or 3rd parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 6 contracts
Samples: User Agreement, User Agreement, User Agreement
Client liability. 6.1 When you act 13.1. Client who has acted as a Consumer you shall be liable for all losses incurred in respect of unauthorized unauthorised transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or from its misappropriation, before it is reported, up to a maximum of 50 EUR unless the Client was able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of the Issuer. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, Issuer shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any rights of recourse to which we may be entitled against the payment service provider. Client’s liability cap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider.
6.2 Notwithstanding the provision above13.2. However, you Client shall be fully liable for all losses incurred in respect of unauthorized unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havehas, with intent or gross negligence, failed to comply with the Agreement or law, including your Client’s obligations to preserve the security of your Client Identifying Credentials, providing access to your account, e-money or Card or other. When you do not act as a Consumer and you use your myPOS Card you agree that it is for you to prove that the payment transaction was unauthorized or incorrectly executed.
6.3 You 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of when you Clients who are not a ConsumerConsumers) incurred by you Client in respect of unauthorized unauthorised or incorrect transactions made after you have Client has informed us Issuer for the unauthorized or incorrect transaction and we have Issuer has been able to block the Card or other payment instrument GiftCard account and/or GiftCard without undue delay in the day when your account the GiftCard was debited or within 7 (seven) days afterwards, and in case where you act as Client is Consumer, no later than any longer period thirteen (13) months after the debit date, as provided in applicable legislation in the interest of consumer. We Issuer will, on your Client request, make efforts to trace the transaction and notify you Client of the outcome. Where you are Client is entitled to a redress, we Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GiftCard account. In the case of an unauthorised payment transaction, which debits Client’s Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), Issuer shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by Client himself or its legal representative (in case of legal entities), except where Issuer has reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, Issuer shall restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for Client’s account shall be no later than the date the amount had been debited. The Client has to inform the issuer via Client’s registered e-mail in case of unauthorized transaction and request a refund. The Client has to be fully identified and verified and your account has to be in good standing and not blocked for security or compliance reasons.
13.4. Issuer shall be released of liability in the case that a card is not accepted by a Retailer or Bank that has undertaken to sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects POS Terminals. Issuer shall be held harmless from any incidents and liabilities that may arise from transactions conducted between Issuer and Client. Cient shall not bear any financial consequences for the use of the card subsequent to it being reported as lost or stolen, except in the case of fraudulent acts.
13.5. Liability for transactions initiated by or through the payee. Where Client’s account was charged with an amount in relation to a transaction initiated by or through the payee, Client shall have the right to request from the Issuer to restore the amount charged under the following conditions:
i) the amount of the transaction was not shown or known to the Client at the moment of authorizing the transaction;
ii) the amount of the transaction is significantly higher than the expected amount which was usually charged by the payee for similar transactions, or on the basis of the Client’s arrangement with the payee. This shall not apply to cases where the amount of the transaction differs due to exchange of currency costs.
iii) Deadline. Client may demand restoring the amount of the transaction within 56 days as of the date of the debiting of Client’s account by providing also documents evidencing the circumstances described above; When the consent for the transaction was made directly before the Issuer and, if applicable, the payee or its payment service provider had provided the Client with information about the transaction at least 28 days before its execution, Client shall not be entitled to request restoring of the transaction initiated by or through the payee.
13.6. In case of unauthorized, incorrect or delayed transaction the Issuer shall conduct a procedure for proving authentic and correct execution of payment transaction and if this procedure is completed in the Client’s favor, the Issuer shall reverse the operation and return the amount, less the applicable fee in the Tariff, within the deadline provided in the law.
13.7. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GiftCard breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GiftCard willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GiftCard; or
Appears in 3 contracts
Samples: Gift Card General Terms and Conditions, Gift Card General Terms and Conditions, Gift Card General Terms and Conditions
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 10.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or willful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
10.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that 3rd parties or damaged by the payment transaction was unauthorized Client or incorrectly executed3rd parties after the approval of the transaction.
6.3 You 10.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or willful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
10.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the Service, including, but not limited to accounts or cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or 3rd parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 3 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 13.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or wilful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that 3rd parties or damaged by the payment transaction was unauthorized Client or incorrectly executed3rd parties after the approval of the transaction.
6.3 You 13.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or willful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
13.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the Service, including, but not limited to accounts or cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or 3rd parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 3 contracts
Samples: Mypos Account Agreement, Mypos Account Agreement, Mypos Account Agreement
Client liability. 6.1 When you act 13.1. Client’s Liability and Our Liability in case of unauthorised or incorrectly executed transactions:
13.1.1. In case the Client qualifies as a Consumer you shall micro enterprise, the Client will be liable for all losses incurred in respect of unauthorized unauthorised transactions, as a result of the use of lost or stolen payment instrument, if you have not managed to preserve or from the security misappropriation of the a payment instrument, instrument up to a maximum of 150 EUR50 EUR or its equivalent in other currency. In the case of an unauthorised payment transaction, which debits the myPOS Account, including where the unauthorised transaction was made through a third party authorised payment initiation services provider (PISP), we shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following Business Day, after being notified of the unauthorised transaction by the Client, except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant authority in writing. Where applicable and subject to this clause, we shall restore the debited myPOS account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for the Client’s myPOS account shall be no later than the date the amount had been debited. The Client has to inform us via Client’s registered e-mail in case of unauthorised transaction and request refund. The Client has to be fully identified and verified and Client’s account has to be in good standing and not blocked for security or compliance reasons.
13.1.2. When you the Client does not qualify as a micro enterprise Client agrees that art. 99 of the Payment Services Regulations 2018 do not act as a Consumer apply and you use your myPOS Card, you it shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect unauthorised transactions executed with your Card, as a result of use of lost or stolen payment instrument instrument, or incorrect from the misappropriation of a payment ordersinstrument.
6.2 Notwithstanding 13.1.3. In any event, the provision above, you Client shall be fully liable for all losses incurred in respect of unauthorized unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or wilful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. The Client shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials, providing access . The Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.1.4. The Client is entitled to your account, e-money be refunded with the amount of the unauthorised or Card or other. When you do not act as a Consumer and you use your myPOS Card you agree that it is for you to prove that incorrectly executed payment transactions executed with the payment transaction was unauthorized or incorrectly executed.
6.3 You shall be entitled to redress losses (excluding fees or interest in case of when you are not a Consumer) incurred by you in respect of unauthorized or incorrect transactions made after you have informed instruments provided under the Service, only where the Client informs us for the unauthorized unauthorised or incorrect incorrectly executed transaction and we have been able to block the Card or other payment instrument without undue delay in the day when your account was debited or within 7 (seven) days afterwards, and after the transaction. If the Client uses the Service in case where you act as Consumer, the capacity of micro enterprise the Client may notify us no later than any longer period 13 (thirteen) months after the debit date, as provided in applicable legislation in Account was debited with the interest of consumer. We will, on your request, make efforts to trace the transaction and notify you amount of the outcomeunauthorised or incorrectly executed transaction.
13.1.5. Where you are the Client does not qualify as a micro enterprise the Client agrees as follows:
13.1.5.1. Article 100 (refunds for payment transactions initiated by or through a payee) of the Payment Services Regulations 2018 does not apply and the Client is not entitled to the right to a redressrefund for pre-approved payments or standing orders or payment transactions initiated by a payee (i.e. a merchant) as set out in this Agreement;
13.1.5.2. A different time period under Article 95 (1) of the Payment Services Regulations 2018 applies to the Client – where the Client identifies an error, unauthorised transaction and/or misappropriated or unauthorised use of Client’s account or any payment instrument the Client has up to 7 days from the date of the alleged error or unauthorised transaction or improper account access to notify us of it, after which time we have no obligation to investigate or act upon Client’s notification;
13.1.5.3. Articles 96 (Evidence on authentication and execution of payment transactions) and 112 (Payment service providers’ liability for non-execution, defective or late execution of payment transactions) of the Payment Services Regulations 2018 do not apply to such Client, meaning that, notwithstanding any other provision of this Agreement, we will refund are not liable to such Client for the amountlosses or damage such Client may suffer as a result of the matters referred to in articles 96 and 112 of Payment Services Regulations 2018.
13.1.6. Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or third parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organisations or other Organisations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or third parties using the Service, including, but not limited to accounts or cards, wilful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, chargeback, including, but not limited to amounts and fees debited or charged by Card Organisations for chargeback, initiated by Client or third parties, offline transactions, recurring transactions, currency conversions, pre- authorisation, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 2 contracts
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 9.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or wilful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
9.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that 3rd parties or damaged by the payment transaction was unauthorized Client or incorrectly executed3rd parties after the approval of the transaction.
6.3 You 9.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or wilful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
9.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or its employees, agents or sub-contractors, or 3rd parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the Service, including, but not limited to accounts or cards, wilful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or 3rd parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 1 contract
Samples: Merchant Agreement
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 13.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or wilful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that 3rd parties or damaged by the payment transaction was unauthorized Client or incorrectly executed3rd parties after the approval of the transaction.
6.3 You 13.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or willful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
13.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the Service, including, but not limited to accounts or cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or 3rd parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 1 contract
Samples: Mypos Account Agreement
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 13.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or wilful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that third parties or damaged by the payment transaction was unauthorized Client or incorrectly executedthird parties after the approval of the transaction.
6.3 You 13.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or willful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
13.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or third parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or third parties using the Service, including, but not limited to accounts or cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or third parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 1 contract
Samples: Mypos Account Agreement
Client liability. 6.1 When you act as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer and you use your myPOS Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of use of lost or stolen payment instrument or incorrect payment orders.
6.2 Notwithstanding the provision above, you 13.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have Client has acted fraudulently or havewith negligence or willful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including your but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of your Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.2 “A”. In case a transaction via the Service is already approved, providing access but the POS terminal or Internet connection is switched off during or prior to your accounttransaction processing, e-money or for whatever reason, such transaction shall not be cleared and paid by the Card or otherSchemes under their rules. When you In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not act as a Consumer bear any responsibility for clearing and you use your myPOS Card you agree that it is for you payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to prove that 3rd parties or damaged by the payment transaction was unauthorized Client or incorrectly executed3rd parties after the approval of the transaction.
6.3 You 13.3 Client shall be entitled to redress losses (from unauthorized transactions, excluding fees or interest in case of when you are not a Consumer) or profits lost, incurred by you in respect Client as a result of unauthorized or incorrect transactions made after you have with the payment instruments of the Client, provided by the Service, if the Client has informed us for on the unauthorized or incorrect transaction and we have been able to block the Card or other payment instrument transactions without undue delay in the day when your account was debited or within and not later than 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in date of the interest of consumer. We will, on your request, make efforts to trace the unauthorized transaction and notify you provided that there is no negligence or willful misconduct on behalf of the outcomeClient, or Client’s agents or sub-contractors. Where you are Client is entitled to a redress, we will refund the amount, less applicable fees as per Tariff in reasonable time, after expiry of deadlines for chargebacks or other deadlines for protection of our legal interests.
13.4 Client agrees to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the Service, including, but not limited to accounts or cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by Client or 3rd parties, offline transactions, recurring transactions, currency conversions, pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or
Appears in 1 contract
Samples: User Agreement
