Common use of Liability for Failure to Complete Transfers Clause in Contracts

Liability for Failure to Complete Transfers. If we do not complete a Transfer Transaction to your Deposit Account or from your Funding Account 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: (a) If, through no fault of ours, you do not have enough money in your Funding Account to make the Transfer Transaction; (b) If, through no fault of ours, we have not actually received enough money to cover a request for money you sent to another User; (c) If the funds in your Registered Account, Receiving Account, or Funding Account are subject to legal process or other encumbrances restricting the Transfer Transaction; (d) If our processing system was not working properly and you knew about the problem when you started the Transfer Transaction; (e) If circumstances beyond our control (such as fire or flood) prevent the Transfer Transaction, despite reasonable precautions that we have taken; (f) If this Mobile Agreement is terminated and/or if you or we terminate your use of the Transfer Service; (g) If the authorization for your use of the Transfer Service is revoked by law or court order (in case of death or incompetence, for example); (h) If the services on your mobile device used to access the Transfer Service are not working properly and you knew about the malfunction when you started the Transfer Transaction;

Liability for Failure to Complete Transfers. If we do not complete a Transfer Transaction to your Deposit Account or from your Funding Account transfer on time or in the correct amount according to our agreement with youyour instructions, we will may be liable for your losses or damagesdamages up to the amount of the transfer. However, there are some exceptions. We will not be liable, for instance: (a) : • If, through no fault of ours, you do not have enough money sufficient available funds in your Funding Account account to make the Transfer Transaction; (b) transfer; • If, through no fault of ours, we have you do not actually received enough properly complete the transfer; • If, through no fault of ours, the transfer would exceed any credit limit or optional overdraft protection transfers; • If, through no fault of ours, the person that you are sending money to cover does not receive the email or text message containing a request for money you sent to another User; (c) If the funds in your Registered Account, Receiving Account, or Funding Account are subject to legal process or other encumbrances restricting the Transfer Transaction; (d) If our processing system was not working properly and you knew about the problem when you started the Transfer Transaction; (e) payment notification; • If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the Transfer Transactiontransfer, despite reasonable precautions that we have taken; (f) ; • If this Mobile Agreement your account is terminated and/or if subject to some legal process, right of setoff or encumbrance restricting the transfer; • If your account becomes dormant; • If we have placed a “hold” on or have frozen your account in accordance with our rights under any other agreements between you and us, or in accordance with applicable law; • If we terminate your have a reasonable basis to believe that unauthorized use of the Transfer Serviceyour login ID, password, or account has occurred or is occurring; (g) If the authorization for your use of the Transfer Service is revoked by law or court order (in case of death or incompetence, for example); (h) If the services on your mobile device used to access the Transfer Service are not working properly and you knew about the malfunction when you started the Transfer Transaction;