LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not properly complete a transaction from the Card on time or in the correct amount according to our Agreement with you, we will be liable for your 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 the Card to complete the transaction; (2)If a merchant refuses to accept the 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 the Card has been blocked after you reported the Card lost or stolen; (6)If there is a hold or the 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 us at once if you believe the Card has been lost or stolen. Telephoning is the best way to minimize possible losses. If you believe the Card has been lost or stolen, or that someone has transferred or may transfer money from the Card Account without your permission, call 0.000.000.0000. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on the Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use. Other Miscellaneous Terms - The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law. English Language Controls - Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Appears in 1 contract
Samples: Cardholder Agreement
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 the Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instancetransaction: (1)If i) for reasons beyond our control (such as, if through no fault of ours, you do not have enough funds available on the Card in your Account to complete the transaction; (2)If , if a merchant refuses to accept the Card; (3)If an ATM where you are making a cash withdrawal does not have enough cash; (4)If your Account, 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; , fire, floor, or computer or communication failure), (5)If ii) if access to the Card your Account has been blocked after you reported the Card your Account lost or stolen; , (6)If iii) if access to your Account has been blocked by us for suspected fraud, (iv) if there is a hold on your funds or the your funds in your Card Account are subject to legal or administrative process or other encumbrance restricting their use; , and (7)If v) if we have reason to believe the requested transaction is unauthorized; . In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (8)If circumstances beyond our control (such as firewhether in contract, floodtort or otherwise), or computer or communication failure) prevent the completion even if you have advised us of the transaction, despite reasonable precautions possibility of such damages. You agree that we have taken; your recovery for any alleged negligence or (9)Any other exception stated in our Agreement with youmisconduct by us shall be limited to the initial value of the Account. This provision shall not be effective to the extent prohibited by law. Your Liability for Unauthorized Transfers - Transfers, Loss or Theft. You should protect the Account, including your PIN, 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 us at once Us”) if your Account is lost or stolen or you believe the Card has been lost or stolen. Telephoning is the best way to minimize possible losses. If you believe the Card has been lost or stolen, or that someone has transferred or made an unauthorized transaction with your Account. We may transfer money from not be able to assist you if you do not have the Account number. If we determine that unauthorized use has occurred with your Account, we will cancel your Account and issue you a replacement Account loaded with the remaining value on your Account, if any. There may be a fee associated with ordering a replacement Card (see section above entitled “Schedule of Fees”). We reserve the right to decline to issue you a replacement Account without your permission, call 0.000.000.0000in accordance with applicable law. Under Visa Core Rules, your liability for unauthorized Visa debit transactions Obtaining the Balance on the Card Account is $0.00 if Account. You should get a receipt at the time you make a transaction using the Account. You agree to retain your receipt to verify your transactions. You are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity responsible for keeping track of the cardholder has been registered with usavailable balance on the Account. Merchants generally will not be able to determine the available balance. You can also retrieve the balance by calling Customer Service or visiting our Website (see section above entitled “How to Contact Us”). You must notify us immediately will not automatically receive paper statements. No Warranty Regarding Goods and Services or Uninterrupted Use. We are not responsible for the quality, safety, legality, or any other aspect of any unauthorized usegoods or services you purchase with the Account. Other Miscellaneous Terms - The Card and your obligations under this Agreement may not All such disputes should be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except addressed to the extent governed by federal lawmerchants from whom the goods and services were purchased. English Language Controls - Any translation From time to time the Account service may be inoperative, and when this happens, you may be unable to use the Account or obtain information about your balance. You agree that we are not responsible for any interruption of this Agreement is provided for your convenienceservice. The meanings of termsEXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original EnglishWE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Appears in 1 contract
Samples: Account Holder Agreement
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not properly complete a transaction transfer to or from the Card your Account on time or in the correct amount according to our Agreement agreement with you, we will be liable for your 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 your Account has insufficient available funds to make the transfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transfer would exceed the credit limit of your Reserve Overdraft Line of Credit; • if the ATM, terminal or system was not have enough funds available on the Card to complete the transaction; (2)If a merchant refuses to accept the 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 working properly, and you knew about the problem when breakdownwhen you initiated started the transactiontransfer; (5)If access to the Card has been blocked after you reported the Card lost or stolen; (6)If there is a hold or the 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 • if circumstancesbeyond our control (such as fire,power outage, equipment failure or flood, or computer or communication failure) prevent the completion of the transaction, preventthe transfer despite reasonable precautions that reasonableprecautions we have taken; • if the card or (9)Any PIN has been reported stolen, or we have reason to believe that you or someone else is attempting to make a transfer for fraudulent or illegal purpose; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other exception banking terminal or system where you were making the transfer does not have enough cash. There are other exceptions stated in our Agreement agreement(s) with you, which cover the particulartype of Accountinvolvedin a specifictransaction. Disclosure of AccountInformationtoThird Parties In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by law in the course of their duties; • for verification of the existence and condition of your Account for a credit bureau and merchant; • to a consumer reporting agency • to certain third parties with whom we have joint marketing agreements; or • by your written authorization. In Case of Errors or Questions About Your Liability for Unauthorized Transfers - Contact EFTs If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, telephone us at once at Bank Rhode Island, Attn: Electronic Banking PO Box 9488 Providence, RI 02940 We must hear from you no later than sixty (60) calendar days after we send or make available to you the FIRST statement on which the problem or error appeared. • tell us your name and Account number (if any); • describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and • tell us the dollar amount of the suspected error and, if you believe can, the Card has been lost or stolen. Telephoning is date that the best way to minimize possible lossestransaction occurred. If you believe tell us by phone, we may require that you send us your complaint in writing within ten (10) business days following the Card has been lost date you notified us. We will determine whether the error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or stolenquestion. If we decide to do this, we will credit your Account within ten (10) calendar days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) calendar days, we may not credit your Account. For errors involving new Accounts, points-of-sale, or that someone has transferred foreign-initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new Accounts, we may transfer money from take up to 20 business days to credit your Account for the Card Account without your permission, call 0.000.000.0000amount you think is in error. Under Visa Core RulesFor purposes of this paragraph, your liability for unauthorized Visa debit transactions on the Card Account is $0.00 if considered a new Account for the first 30 calendar days after the first deposit is made. If we decide that there was no error, we will send you are not grossly negligent or fraudulent a written explanation within three (3) business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. Xxxxxx also ask for copies of the documents we used in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use. Other Miscellaneous Terms - The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any timeinvestigation. If any provision the alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of this Agreement shall be determined our own records. If we decide that there was no error, you may want to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, contact such third party to pursue the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law. English Language Controls - Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original Englishmatter further.
Appears in 1 contract
Samples: Personal Deposit Agreement
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. We may restrict access to the Card, temporarily or permanently, if we notice suspicious activity in connection with the Card, and we will notify you if we do so. We have no liability for restricting access to the Card because of suspected suspicious activity. Access will be reinstated if we determine that there has been no unauthorized use of the Card. If we do not properly complete a transaction transfer from the Card on time or in the correct amount according to our Agreement with youyou (other than for restrictions because of suspicious activity), we will be liable for your losses or damagesthe correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance: (1)If ▪ If, through no fault of ours, a merchant refuses to honor the Card; ▪ If, through no fault of ours, you do not have enough funds money available on the Card to complete make a purchase; ▪ If the transactionterminal or system was not working properly; (2)If a merchant refuses to accept ▪ If the CardCard is expired, damaged, or revoked; (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 ▪ If the Card has been blocked after you reported the Card lost or stolen; (6)If there is a hold or ▪ If the funds are subject to legal or administrative process or other encumbrance restricting their use; (7)If we have Credit Union has reason to believe there is something wrong, for example, that the requested Card has been stolen; ▪ If the transaction information supplied to the Credit Union by you or a third party is unauthorizedincorrect or untimely; (8)If ▪ If circumstances beyond our control (such as flood or fire, flood, or computer or communication failure) prevent the completion of the a transaction, despite reasonable precautions that we have taken; ▪ The merchant authorizes an amount greater than the purchase amount. ▪ There may be other applicable exceptions as otherwise provided by state or (9)Any other exception stated in federal laws. Records detailing the use of your Card are available at our Agreement with youwebsite or by calling 000-000-0000. Your Liability for Unauthorized Transfers - Contact us at once if you believe the Card has been lost In case of errors or stolen. Telephoning is the best way to minimize possible losses. If you believe the Card has been lost or stolen, or that someone has transferred or may transfer money questions about transactions arising from the Card Account without your permission, call 0.000.000.0000. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on the Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling use of your Card, call 000-000-0000 immediately. This reduced liability does not apply We must hear from you no later than 60 days after the transaction appeared on the transaction activity report. In order to certain commercial card transactionshelp you with your questions, transactions not processed by Visawe will need the following information: ▪ Your name, or to anonymous prepaid cards (until such time as the identity address, phone number, and Card number. ▪ A description of the cardholder error or transaction you are unsure about and why you believe there is an error or why you need more information. ▪ The dollar amount of the suspected error. Once the type of dispute is identified, we will mail you the appropriate paperwork to complete. No other action will be taken until the completed paperwork is received at the address specified in the documentation. Upon receipt of the completed paperwork, we will send you a confirmation letter and begin the investigation. We will determine whether an error occurred within 60 days. If we need more time, however, we may take up to 30 additional days to investigate your complaint or question. If we decide to do this, we will send you a letter. Credit will be given only after it has been registered with us)determined that it is warranted. We will tell you the results after completing our investigation. If we decide that there was no error, we will send you a written explanation. You must notify us immediately of any unauthorized use. Other Miscellaneous Terms - The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use ask for copies of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved documents we used in 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law. English Language Controls - Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original Englishinvestigation.
Appears in 1 contract
Samples: Gift Card Terms and Conditions
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not properly complete a transaction from the with respect to your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However; 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 funds available on the in your Card Account to complete the transaction; (2)If • If a merchant refuses to accept the your Card; (3)If • If an ATM where you are making a cash withdrawal does not have enough cash; (4)If • 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 • If access to the your Card Account has been blocked after you reported the your Card lost or stolen; (6)If • If access to your Card Account has been blocked by us for suspected fraud; • If there is a hold on your funds or the your funds in your Card Account are subject to legal or administrative process or other encumbrance restricting their use; (7)If • 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; or (9)Any • Any other exception stated in our Agreement with youyou excludes us from such liability. Your Liability for Unauthorized Transfers - Contact IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHALL BE FURTHER LIMITED BY THE TOTAL AMOUNT LOADED ON THE CARD ACCOUNT. IN NO EVENT WILL YOU BE ENTITLED TO RECOVER 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. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICES, OR ANY PAYMENT SYSTEM. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. You agree to exercise reasonable control over your PIN, user ID, password, and any other access code related to your Card Account (each, an “Access Code”) and your Card. Tell us at once AT ONCE if you believe the your Card has been lost lost, your Card or Access Code(s) have been stolen, or if you believe that an electronic funds transfer has been made without your permission. Telephoning Contacting us by telephone as soon as possible is the best way to minimize your possible losseslosses (see the section above entitled “How to Contact Us”). You could lose all the money in your Card Account. If you believe notify us within two (2) Business Days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card has been lost or stolen, or that someone has transferred or may transfer money from the 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 without your permission if you had promptly notified us, call 0.000.000.0000you could lose as much as $500.00. Under Visa Core RulesAlso, if you become aware of and/or your electronic history shows transactions that you did not make, including those made by Card or other means, notify us at once following the procedures stated in the section labeled "Information About Your Right to Dispute Errors." If you do not notify us within sixty (60) days from the earlier of the date you electronically access your Card Account or the date we sent the FIRST written history on which the unauthorized transfer appeared, then you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. In the event you lose your Card or if it’s stolen, we will block the Card as soon as we have been notified by you. Please report this immediately by calling our Customer Care number (see the section above entitled “How to Contact Us”). The card will be re-issued and mailed to you; however, the expiration date will be the same as the original issued expiration date. If the Card is lost or stolen while traveling overseas, we will re-issue the card; however, the card will be mailed to your home address we have on record. Cards will only be delivered outside of the U.S. at our discretion. We may assess a fee for the Replacement Card. See the accompanying Fee Schedule for information about the fees. You agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. If you share your Card or Access Code(s) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. In addition to your limitations of liability under the “Your Responsibility and Liability for Unauthorized Transfers” section above, your liability for the unauthorized Visa debit transactions on use of your Card Account may also be limited by the Card Account is $0.00 Network. Subject to the limitations and exclusions stated below, under the Card Network’s rules, you will have no liability for a transaction that was not authorized by you if you are not grossly negligent exercised reasonable care in safeguarding the Card from risk of loss or fraudulent in theft, and, upon becoming aware of such loss or theft, promptly reported such loss or theft to us by calling our Customer Care number (see the handling of your Card. This reduced liability does not apply section above entitled “How to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with usContact Us”). You must notify us immediately of any unauthorized use. Other Miscellaneous Terms - The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card Mastercard Zero Liability Policy is subject to all applicable rules change without notice and customs of any clearinghouse or other association involved in 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed changes made by the law of the State of Delaware except Card Network will automatically apply to the extent governed by federal law. English Language Controls - Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original EnglishCard Account.
Appears in 1 contract
Samples: Cardholder Agreement
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 the 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 to you for your 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 the Card to complete the transaction; (2)If a merchant refuses to accept the 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 effective to the Card has been blocked after you reported the Card lost or stolen; (6)If there is a hold or the 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 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 us 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 do not have the Card has been lost or stolen. Telephoning is the best way to minimize 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 the Card Account without your permission, call 0.000.000.0000. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on the Card Account is $0.00 if provided you are have not 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. This reduced liability The Visa Zero Liability policy does not apply to certain commercial card transactions, and anonymous prepaid card transactions or transactions not processed by Visa. Obtaining the Balance on the Account. You should get a receipt at the time you make a transaction using the Account. You agree to retain your receipt to verify your transactions. You are responsible for keeping track of the available balance on the Account. Merchants generally will not be able to determine the available balance. You can also retrieve the balance by calling Customer Service or visiting our Website (see section above entitled “How to Contact Us”). No Warranty Regarding Goods and Services or Uninterrupted Use. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Account. All such disputes should be addressed to anonymous prepaid cards (until such the merchants from whom the goods and services were purchased. From time as to time the identity of Account service may be inoperative, and when this happens, you may be unable to use the cardholder has been registered with us)Account or obtain information about your balance. You must notify us immediately agree that we are not responsible for any interruption of any unauthorized useservice. Other Miscellaneous Terms - Terms. The Card Account and your obligations under this Agreement may not be assignedassigned by you. We may transfer our rights under this Agreement. Use of the Card is subject Agreement at any time without your consent and without notice to all applicable rules and customs of any clearinghouse or other association involved in transactionsyou except as required by law. 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware Missouri except to the extent governed by federal law. English Language Controls - Any translation of this Agreement Privacy and Data Collection. We may use and disclose information collected about you in connection with your Account (“Accountholder Information”) to provide customer services, to help protect against fraud and to conduct research and analysis. In addition, it is provided often necessary for us to disclose Accountholder Information for the same purposes to companies that work with us. For example, we may provide certain Accountholder Information to companies that perform business operations or services on our behalf. We may also provide certain Accountholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas, where necessary to complete transactions, or if you give us your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original Englishwritten permission.
Appears in 1 contract
Samples: Accountholder Agreement
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not properly complete a transaction from the Card on time or in the correct amount according to our Agreement with you, we will be liable for your 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 the Card to complete the transaction; (2)If a merchant refuses to accept the 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 the Card has been blocked after you reported the Card lost or stolen; (6)If there is a hold or the 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 us at once if you believe the Card has been lost or stolen. Telephoning is the best way to minimize possible losses. If you believe the Card has been lost or stolen, or that someone has transferred or may transfer money from the Card Account without your permission, call 0.000.000.00000-000-000-0000. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on the Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use. Other Miscellaneous Terms - The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law. English Language Controls Amendment and Cancellation - Any translation We may amend or change the terms and conditions of this Agreement is provided for your convenienceat any time by posting the amended Agreement on online at xxxxxxxxxxx.xxxxxxx.xxx, and any such amendment shall be effective upon such posting to that website. The meanings current Agreement is available at xxxxxxxxxxx.xxxxxxx.xxx. You will be notified of terms, conditions and representations herein are subject to definitions and interpretations any change in the English languagemanner provided by applicable law prior to the effective date of the change. Any translation provided However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend the 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 accurately represent affect any of our rights or your obligations arising under this Agreement prior to termination. In the information in event the original EnglishCard Account is cancelled, closed, or terminated for any reason, the unused funds will be returned to the Program Manager.
Appears in 1 contract
Samples: Cardholder Agreement
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not properly complete a an Access Device transaction to or from the Card your Account on time or in the correct amount according to our Agreement with youthis Agreement, we will may be liable for your 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 oursif there is an authorization hold, or your Account is subject to legal process or other encumbrance restricting its use; if you attempt to use a Card that has not been properly activated; if you do not have enough funds available on the Card in your Account to complete the a transaction; (2)If a merchant refuses to accept if the Card; (3)If an ATM where you are making a cash withdrawal trying to use does not have enough cash; (4)If an electronic terminal where you are making a if the ATM, POS terminal, network, or system involved in your transaction did not work properly or does not operate properlyaccept your Card; if any failure or malfunction is attributable to your Access Device(s), and you knew about to merchant or ATM equipment, or to any internet service or payment system; 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 problem when you initiated completion of the transaction; (5)If if a merchant refuses to accept your Access Device; if you provided inaccurate or incomplete information regarding a transaction; if access to the Card has been your Account is blocked after you reported the Card your Access Device lost or stolen; (6)If there is if a hold or merchant authorizes an amount in excess of the funds are subject to legal or administrative process or other encumbrance restricting their usepurchase amount; (7)If 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 us at once if you believe Transactions: IF YOU BELIEVE THAT ANY OF YOUR ACCESS DEVICES OR PIN 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 loss or theft of any Access Device(s), must also be reported to us. Contacting Customer Service via telephone is the Card has been preferred method of communication regarding lost or stolen. Telephoning is the best way to minimize possible lossesstolen Access Devices. If you believe the Card your Access Device has been lost or stolen, we will close your Account. If your PIN has been compromised, we retain the right to reset your PIN. You agree that any unauthorized use does not include use by a person to whom you have given authority to use the Access Device or PIN and that you will be liable for all such uses and funds transfers by such person(s). You may be liable for unauthorized use of your Access Devices. If you inform us within two (2) Business Days after you learn of the loss or theft of any of your Access Devices, you will not be liable for more than $50 if someone has transferred or may transfer money from the Card Account used your Access Device without your permission. If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Access Device, call 0.000.000.0000and we can prove we could have stopped someone from using your Access Device without your permission if you had notified Customer Service, you could be liable for as much as $500. Under Visa Core RulesIf your Account history shows transactions that you did not authorize, your liability for notify Customer Service immediately. If you fail to notify Customer Service of unauthorized Visa debit transactions on your Account within 90 days after the Card Account is $0.00 history was available to you, you will not be entitled to recover any funds you lost after the 90 days if we can prove that we could have prevented the unauthorized transaction if you are 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 grossly negligent to hold us liable for any damages, including, without limitation, special, incidental, or fraudulent 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: Transactions in the handling of your Card. This reduced liability does not apply to certain commercial card foreign currency, including international purchases and international ATM transactions, transactions not processed by Visawill be converted into U.S. dollars, and you 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 to anonymous prepaid cards (until such time as the identity of government-mandated rate in effect for the cardholder has been registered with us)applicable central processing date. You must notify us immediately of any unauthorized use. Other Miscellaneous Terms - The Card and currency conversion rate used on the processing date may be different than the rate that was in effect on the date you used your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactionsAccess Device. We do not waive our rights by delaying or failing to exercise them at set the currency conversion rates, and we do not receive 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, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law portion of the State of Delaware except proceeds. You agree to pay us the extent governed by federal law. English Language Controls - Any translation of this Agreement is provided transaction fees for your convenience. The meanings of terms, conditions transactions in foreign currency set forth in the Fee Schedule and representations herein acknowledge that such transaction fees are subject to definitions change. Some non-U.S. ATM operators and interpretations merchants may offer you the ability to complete a transaction in currencies other than the English languagecountry's local currency (e.g. in U.S. Dollars). Any translation provided may not accurately represent This is called dynamic currency conversion. In this situation, the information merchant or ATM operator is applying a foreign exchange margin to the applicable conversion rate that would apply, to convert the transaction currency into another currency. This will add cost to your transaction. The merchant or ATM operator is required to inform you of the currency in which the original Englishtransaction will be processed before you accept the transaction. By signing the voucher, entering a PIN, or completing the transaction, you accept the currency offered by the merchant or ATM operator. The currency in which you have authorized the transaction will appear on the transaction voucher.
Appears in 1 contract
Samples: General Purpose Reloadable Prepaid Mastercard® Program Customer Agreement