Common use of Liability and Responsibility Clause in Contracts

Liability and Responsibility. 8.1 You are liable or responsible for: a) Transactions carried out with your Card, your Password, your Access Card Number or a Personal Identification Question before you have informed us of their loss, theft or unauthorized use; b) Transactions carried out with a Point-of-Service Device, a Point-of- Service Device without PIN, and an Electronic Access Device before you have informed us of the loss, theft or unauthorized use of your Card, your Password, your Access Card Number, a Personal Identification Question or your Electronic Access Device; c) Errors you make when using a Point-of-Service Device, a Point-of- Service Device without PIN, or an Electronic Access Device; d) Fraudulent or valueless deposits made with your Card and your Password at a Point-of-Service Device; e) Losses affecting your Account or access gained to the information it contains or a loss of your data if you use our Services in an inappropriate manner or contrary to our instructions, in particular, those concerning the protection of your Card, your Password, your Access Card Number, your Personal Identification Questions or your Electronic Access Device; f) Losses affecting your Account if an unauthorized person succeeds in penetrating the security systems protecting the Electronic Access Device that you control, if these systems are inadequate or if you access our Services using an Electronic Access Device containing an application that could potentially disclose your Passwords, your Personal Identification Questions or compromise these; g) Losses affecting your Account resulting from a communication problem or your enrolment in other Internet services or any network that places an Electronic Access Device in contact with other devices. Consequently, you accept the risks inherent in the communication and transmission of information via these networks; h) Checking entries to your Account on a monthly basis and notifying us within the prescribed deadline of any error or irregularity relating to these entries; i) Fulfilling your obligations under this agreement and any other agreement specific to one of our Services or failing to comply with the instructions that we give you from time to time about our Services; j) Participating in fraudulent, criminal or dishonest activities with regard to Services; k) Accessing our Services with an Electronic Access Device which you should reasonably know contains an application that may reveal to anyone your Password, your Access Card Number and your secret questions or otherwise compromise them in any way; l) Failing to read a Document or notice sent to you electronically or update your information with the appropriate sender; However, you are not liable for the Transactions mentioned in paragraphs (a) and (b) if (i) you can prove to us that you adequately protected at all times your Card, your Password, your Access Card Number, your Personal Identification Questions as well as your Electronic Access Device, and that (ii) these were obtained by fraud, theft, coercion, force or intimidation, ruse or trickery provided you promptly notify us of such incident, file a complaint with police authorities and cooperate fully with any investigation into the circumstances surrounding their unauthorized use. 8.2 We are liable for: a) Losses affecting your Account if the Card or your Access Card Number is expired or cancelled; b) Losses affecting your Account following cancellation of our Services; c) Losses affecting your Account resulting from negligent conducted by us, our employees and out agents. In the event of a breakdown in any device that we control or an interruption in our Services, we are responsible for taking all reasonable business measures to restore them to proper working order as quickly as possible. Conversely, we are not responsible for damages resulting from interruptions in the service you use to connect to a network with your Electronic Access Device, the provider of which shall be deemed your agent for the purposes of this provision. However, we are not liable for indirect, punitive or exemplary damages suffered by you regardless of the cause, in whole or in part, (in particular, service interruptions, losses of data, information and income, or any other loss of an economic nature) even if we were notified of the possibility of these damages.

Appears in 2 contracts

Samples: Agreement Governing the Use of Automated Services and Electronic Banking Solutions, Agreement Governing the Use of Automated Services and Electronic Banking Solutions

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Liability and Responsibility. 8.1 You are liable or responsible for: a) Transactions carried out with your Card, your Password, your Access Card Number or a Personal Identification Question before you have informed us of their loss, theft or unauthorized use;use; b) Transactions carried out with a Point-of-Service Point­of­Service Device, a Point-of- Service Point­of­Service Device without PIN, and an Electronic Access Device before you have informed us of the loss, theft or unauthorized use of your Card, your Password, your Access Card Number, a Personal Identification Question or your Electronic Access Device;Device; c) Errors you make when using a Point-of-Service Point­of­Service Device, a Point-of- Service Point­of­Service Device without PIN, or an Electronic Access Device;Device; d) Fraudulent or valueless deposits made with your Card and your Password at a Point-of-Service Device;Point­of­Service Device; e) Losses affecting your Account or access gained to the information it contains or a loss of your data if you use our Services in an inappropriate manner or contrary to our instructions, in particular, those concerning the protection of your Card, your Password, your Access Card Number, your Personal Identification Questions or your Electronic Access Device;Device; f) Losses affecting your Account if an unauthorized person succeeds in penetrating the security systems protecting the Electronic Access Device that you control, if these systems are inadequate or if you access our Services using an Electronic Access Device containing an application that could potentially disclose your Passwords, your Personal Identification Questions or compromise these;these; g) Losses affecting your Account resulting from a communication problem or your enrolment in other Internet services or any network that places an Electronic Access Device in contact with other devices. Consequently, you accept the risks inherent in the communication and transmission of information via these networks;networks; h) Checking entries to your Account on a monthly basis and notifying us within the prescribed deadline of any error or irregularity relating to these entries;entries; i) Fulfilling your obligations under this agreement and any other agreement specific to one of our Services or failing to comply with the instructions that we give you from time to time about our Services;Services; j) Participating in fraudulent, criminal or dishonest activities with regard to Services;Services; k) Accessing our Services with an Electronic Access Device which you should reasonably know contains an application that may reveal to anyone your Password, your Access Card Number and your secret questions or otherwise compromise them in any way;way; l) Failing to read a Document or notice sent to you electronically or update your information with the appropriate sender; sender; However, you are not liable for the Transactions mentioned in paragraphs (a) and (b) if (i) you can prove to us that you adequately protected at all times your Card, your Password, your Access Card Number, your Personal Identification Questions as well as your Electronic Access Device, and that (ii) these were obtained by fraud, theft, coercion, force or intimidation, ruse or trickery provided you promptly notify us of such incident, file a complaint with police authorities and cooperate fully with any investigation into the circumstances surrounding their unauthorized use. 8.2 We are liable for: a) Losses affecting your Account if the Card or your Access Card Number is expired or cancelled;cancelled; b) Losses affecting your Account following cancellation of our Services;. c) Losses affecting your Account resulting from negligent conducted by us, our employees and out agents. In the event of a breakdown in any device that we control or an interruption in our Services, we are responsible for taking all reasonable business measures to restore them to proper working order as quickly as possible. Conversely, we are not responsible for damages resulting from interruptions in the service you use to connect to a network with your Electronic Access Device, the provider of which shall be deemed your agent for the purposes of this provision. However, we are not liable for indirect, punitive or exemplary damages suffered by you regardless of the cause, in whole or in part, (in particular, service interruptions, losses of data, information and income, or any other loss of an economic nature) even if we were notified of the possibility of these damages.

Appears in 2 contracts

Samples: Agreement Governing the Use of Automated Services and Electronic Banking Solutions, Agreement Governing the Use of Automated Services and Electronic Banking Solutions

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