Liability for Failure to Make Transactions. If the Credit Union does not complete a Transaction on your Account on time or for the correct amount according to the Credit Union’s Agreement with you, the Credit Union will be liable for losses not to exceed the amount of the transaction. However, there are some exceptions. The Credit Union will NOT be liable under the following circumstances:
a. If, through no fault of the Credit Union, you do not have enough money in your Account to make the withdrawal;
b. If the ATM where you are making the Transaction does not have enough cash;
c. If the ATM was not working properly and you knew about the breakdown when you started the Transaction;
d. If circumstances beyond our control (such as fire, flood, or other acts of God) prevent the Transaction, despite reasonable precautions that we have taken;
e. If the Credit Union does not receive the necessary transfer data or if the data we receive is erroneous or incomplete;
f. If your Account is subject to legal process or other claim;
g. If the Credit Union has reason to believe a transaction is not being initiated by You (for example, that your Card has been stolen);
h. Or as otherwise provided in regulations of the Board of Governors of the Federal Reserve System.
i. For preauthorized Transactions, if through no fault of the Credit Union, the payment information for preauthorized transfers is not received.
Liability for Failure to Make Transactions. If the Credit Union does not complete a transaction to or from your Account on or in the correct amount according to the Credit Union’s agreement with you, the Credit Union will be liable for your losses or damages. However, there are some expectations. The Credit Union will NOT be liable, for instance:
Liability for Failure to Make Transactions. If we do not complete a transaction to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for damages proximately caused by our failure. However, there are some exceptions. We will not be liable, for instance, if:
a) through no fault of ours, you do not have enough money in the affected Account(s) to complete the transaction or the affected Account(s) has been closed;
b) funds in the affected Account are subject to legal process or other encumbrance restricting such transaction;
c) the ONLINE BANKING and XXXX PAYMENT service was not working properly, and you knew about the system failure when you started the transaction;
d) circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken;
e) the transaction would exceed the funds available in the affected Account(s) plus any applicable overdraft line of credit;
f) funds in the affected Account(s) are not yet available for withdrawal;
g) you could have prevented the losses or damages by acting in a prompt and reasonable manner;
h) information necessary to complete the affected transaction has been lost or you have not provided the correct payee information or amount;
i) a payee mishandles or delays crediting payments sent by us;
j) your password has been reported lost or stolen or your ONLINE BANKING and XXXX PAYMENT privileges have been suspended or terminated;
k) you have not properly followed the instructions on how to make a transaction; l) we or our agents reasonably believe that the transaction is unauthorized and based on such belief the transaction is not completed; m) the password or transaction information or other information you have provided is incorrect, incomplete, ambiguous or untimely; n) you are in default on an Account to or from which you are attempting a transfer;
Liability for Failure to Make Transactions. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for damages caused by our failure unless:
a. There are insufficient funds in your Account to complete the transaction through no fault of ours.
b. The funds in your Account are not available.
c. The funds in your account are subject to legal process.
d. The transaction you request would exceed the funds in your account plus any available overdraft protection, if applicable.
e. The ATM where you are making the transaction does not have enough cash to complete the transaction.
f. Your Card has been reported lost or stolen and you are using the reported Card.
g. We have reason to believe that the transaction requested is unauthorized.
h. The failure is due to the terminal or system not working properly and you knew about the breakdown when you started the transaction.
i. The failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control.
j. You attempt to complete a transaction at an ATM or merchant terminal which is not a permissible transaction.
k. The transaction would exceed security limitations on the use of your Card.
l. For preauthorized transactions, if through no fault of ours, the payment information for a preauthorized transaction is not received. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted with a bona fide error despite our procedures to avoid such errors.
Liability for Failure to Make Transactions. If we do not complete a transfer to or from your consumer account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. (A consumer account is defined as an account belonging to a natural person and used primarily for personal, family, or household purposes.) Our sole responsibility for an error in a transfer will be to correct the error. For Online and Mobile Banking services, you agree that neither we nor the service providers shall be responsible for any property damage or loss, whether caused by our equipment or software or by an online browser or internet-access provider, mobile-phone provider, or by a service provider, agent, or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, our Online or Mobile Banking services, internet browser, or access software. Although we have taken measures to provide security for communications from you to us via our Online and Mobile Banking services and may have referred to such services as “secure,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. Additionally, we will not be liable for the following:
a. If, through no fault of ours, you do not have enough money in your account to complete a transaction, your account is closed, or the transaction amount would exceed the credit limit on your line of credit or Visa Credit Card.
b. If you used the wrong PIN, access code, or member/account number, or you have not properly followed any applicable computer, Internet, mobile-device, or OnPoint’s instructions for performing the transaction.
c. If the terminal where you are making the transaction does not have enough cash or was not working properly and you knew about the problem when you started the transaction.
d. If your internet-enabled or mobile device fails or malfunctions, or the Online or Mobile Banking service was not properly working and such problem was or should have been apparent when you attempted such transaction.
e. If, through no fault of ours, a bill-payment or EFT transaction does not reach a particular creditor and a fee, penalty, or interest is assessed against you.
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Liability for Failure to Make Transactions. We may restrict access to your Google Wallet Balance, including transactions using your Google Wallet Card, temporarily or permanently, if we notice suspicious activity in connection with your Google Wallet Balance account. We have no liability for restricting access to the Google Wallet Balance because of suspected suspicious activity. If we do not complete a transaction using your Google Wallet Balance on time or in the correct amount according to our Agreement with you (other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance: If through no fault of ours, a merchant refuses to honor a transaction using your Google Wallet Balance; If through no fault of ours, you do not have enough money available in your Google Wallet Balance to make a purchase; If the terminal or system was not working properly; If the transaction information supplied by you or a third party is incorrect or untimely; If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; or The merchant authorizes an amount greater than the purchase amount. In addition, we will also not be liable for Google Wallet Card transactions in the following circumstances: If the Google Wallet Card is expired, damaged or revoked; or If the Google Wallet Card has been reported lost or stolen, or we have reason to believe that the Google Wallet Card has been stolen. There may be other applicable exceptions as otherwise provided by state or federal laws.
Liability for Failure to Make Transactions. If we do not complete a transaction to or from your 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: DISCLOSURE OF ACCOUNT INFORMATION. We will disclose information to third parties about your account or the transactions you make: CANCELLATION CARDS. We are not, under any circumstances, obligated to reissue a lost or stolen card. We may cancel or invalidate your card at any time. You may cancel your card by cutting it in half and returning the pieces to us at one of our Credit Union locations.
Liability for Failure to Make Transactions. If we do not complete a transaction to or from your 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: Disclosure of Account Information. We will disclose information to third parties about your account or the transactions you make: Cancellation Cards. We are not, under any circumstances, obligated to reissue a lost or stolen card. We may cancel or invalidate your card at any time. You may cancel your card by cutting it in half and returning the pieces to us at one of our Credit Union locations.
Liability for Failure to Make Transactions. If you properly instruct us to perform a transaction on your designated accounts and we do not complete it on time or in the correct amount, and we have agreed to perform it, with certain exceptions we will be liable for your losses or damages. Paragraph #4 of this Agreement (“Limitations on Dollar Amounts and Frequency of Transactions”) lists a number of situations in which we do not agree to complete withdrawals or transfers. We also will not be liable if we have terminated this Agreement; if the funds in your designated accounts are subject to legal process or other encumbrance restricting the transaction; if circumstances beyond our control (such as fire or flood) prevent the transaction from being completed despite reasonable precautions that we have taken; if an ATM does not have enough cash to complete the transaction; or if there is a technical malfunction which is known to you when you try to perform the transaction. There may also be other exceptions provided by applicable law.
Liability for Failure to Make Transactions. If we do not properly complete a transaction according to your Agreement with us, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable: • If through no fault of ours, your account does not contain enough money to make the transaction. • If the ATM where you are making the transaction does not have enough cash. • If the system was not working properly and you knew about the outage when you started the transaction. • If the money in your account is subject to legal process or other claims. • If circumstances beyond our control, such as a flood, fire, electrical failure or malfunction of a central data processing facility prevents the completion of a transaction. • If the transfer would exceed the credit limit on your overdraft line, if any. • If funds in your account are pledged as collateral or frozen because of a delinquent loan. • If your account is “blocked” because your PIN or Card has been reported lost or stolen. • If your monthly transfer limits under Regulation D have been reached. • If the magnetic strip on the back of your card has been damaged. • If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant you must contact the merchant directly. We are not responsible for investigating such errors. • If your account is blocked due to a “Bad Address” or other account restrictions. • If there are other exceptions established in an Agreement with us.
