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Common use of Liability for Failure to Stop Payment of Preauthorized Transfer Clause in Contracts

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment 3 businessdays or more before the transacti on is scheduled, and we do not do so, we will be liable for yourlosses or damages. A preauthorizedpayment is a future recurringpayment with the first in the series of payments having cleared the Account at least once prior to the stop payment request. Fees-A $1.00 fee will be charged to your Account for each completed transaction made at an ATM other than CashPoints. A $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee. You may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. A l l additional fees are listed in the table below. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your GKCU CashPoints Global Card. Refunds and MerchantDisputes-If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality, or other aspect of goods or services that you purchase from others with the Card. Authorizations and Authorization Holds-When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transacti on in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction fi nal l y settles and may place a temporary hold on your Account funds for the amount indicated by the merchant. Somemerchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days (7 business days for Travel and Entertainment merchants) have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. As a result, other transactions may be declined, dishonored, or not paid which can result in NSF fees and/or other charges against your Account. We will only charge your Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both amounts will affect your available balance until the end of the 3-day hold period (7-day hold period for Travel and Entertainment merchants). In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days (7 business days for Travel and Entertainment merchants). A merchant may reverse the pre-authorization at your request and/or extend or modify the amount of the pre-authorization in certain circumstances, such as an extended hotel stay. If an extension or modification is submitted by a merchant, the hold on your Account will be extended or modified. We are not responsible if we do not authorize or pay other transactions drawn on your Account while such a hold is placed on your Account. Confidentiality-We will disclose informationto third parties about your Account or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providingEmergencyCash and Emergency Card Replacement Services. You consent to the release of this informationwhen yourequest these services. Documentation-You will be provided a monthly Account statement for each month in which there were transactions made on the Account. We reserve the r i ght to stop periodic statements if your Account is inactive. You can get a receipt at the time you make a transaction with your Card using an ATM or point-of-sale terminal. A receipt may not be required for a point-of-sale transaction if the amount of the transaction is $50 or less. Our Liability-If we do not complete a transaction to or from your Account on time or in the correct amount per our Agreement with you, we will be liable for your losses or damages to the extent required by federal law. However, we will not be liable, for instance: if, throughno fault of ours, you do not have enough money in your Account to make the withdrawal or transaction; if the ATM, bank or merchant where you are trying to obtain cash does not have enough cash; if the ATM, system, or POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe a transaction was not authorized by you; or if the merchant does not properlytransmit transactioninformation to us. There may be other exceptions provided by applicable law. Foreign Transactions-If your Card is usedin a transaction that is submitted to the Visa or Plus Networks in a currency other than U.S. dollars, Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U. S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate that Visa typically uses is either a government-mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Account, and may be higher than the rate you could have gotten if you had converted Termination or Expiration-The Credit Union may, at any time, suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any timeand for any reason, terminate the Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the last calendar day of the month of expiration stated on the Card. Upon termination or expiration, we may stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your Account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection cos ts we incur in collecting amountsyou owe us and enforcing ourrights underthis Agreement. Changes Waiver-We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card that has been issued to you. The Credit Union will notify you in writing at least 21 days prior to the effective date of the change for any significant change in terms, including increased fees , increased liability, fewer transaction types, and stricter limits on the frequency or dollar amountof transfers. If we decide not to enforce our rights or charge a fee in one situation, we arenot giving up our right to enforce it or to charge the fee in a later situation. In the event the Credit Union determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your relationship with us with regard to your GKCU CashPoints Global Card are governed by and defi xxx in accordance withfederal law and, to the extent that state law applies, the laws of the State of North Carolina.

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment 3 businessdays business days or more before the transacti on transaction is scheduled, and we do not do so, we will be liable for yourlosses your losses or damages. A preauthorizedpayment preauthorized payment is a future recurringpayment recurring payment with the first in the series of payments having cleared the Account account at least once prior to the stop payment request. Fees-A $1.00 0.75 fee will be charged to your Account for each completed transaction made at an ATM other than CashPoints. A $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee. You may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. A l l All additional fees are listed in the table below. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your GKCU CashPoints Global CardLGFCU ATM Debit MemberCard or LGFCU Visa Check MemberCard. Refunds and MerchantDisputesMerchant Disputes-If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality, or other aspect of goods or services that you purchase from others with the Card. Authorizations and Authorization Holds-When you use your Card LGFCU Visa Check MemberCard to pay for goods or services, certain merchants may ask us to authorize the transacti on transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction fi nal l y finally settles and may place a temporary hold on your Account funds for the amount indicated by the merchant. Somemerchants Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days (7 business days for Travel and Entertainment merchants) have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. As a result, other transactions may be declined, dishonored, or not paid which can result in NSF fees and/or other charges against your Account. We will only charge your Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both amounts will affect your available balance until the end of the 3-day hold period (7-day hold period for Travel and Entertainment merchants). In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days (7 business days for Travel and Entertainment merchants). A merchant may reverse the pre-authorization at your request and/or extend or modify the amount of the pre-authorization in certain circumstances, such as an extended hotel stay. If an extension or modification is submitted by a merchant, the hold on your Account will be extended or modified. We are not responsible if we do not authorize or pay other transactions drawn on your Account while such a hold is placed on your Account. Confidentiality-We will disclose informationto information to third parties about your Account accounts or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your Account accounts for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providingEmergencyCash providing Emergency Cash and Emergency Card Replacement Services. You consent to the release of this informationwhen yourequest information when you request these services. Documentation-You will be provided a monthly Account statement for each month in which there were transactions made on the Accountyour accounts. We reserve the r i ght right to stop periodic statements if your Account is accounts are inactive. You can get a receipt at the time you make a transaction with your Card using an ATM or point-of-sale terminal. A receipt may not be required for a point-of-sale transaction if the amount of the transaction is $50 or less. Our Liability-If we do not complete a transaction to or from your Account on time or in the correct amount per according to our Agreement with you, we will be liable for your losses or damages to the extent required by federal law. However, we will not be liable, for instance: if, throughno through no fault of ours, you do not have enough money in your Account to make the withdrawal or transaction, including any amounts from overdraft sources; if the ATM, bank or merchant where you are trying to obtain cash does not have enough cash; if the ATM, system, or POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe a transaction was not authorized by you; or if the merchant does not properlytransmit transactioninformation properly transmit transaction information to us. There may be other exceptions provided by applicable law. Foreign Transactions-If your Card is usedin used in a transaction that is submitted to the Visa or Plus Networks in a currency other than U.S. dollars, Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U. S. U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate that Visa typically uses is either a government-government- mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Account, and may be higher than the rate you could have gotten if you had converted U.S. dollars into cash. If a transaction initially in a foreign currency is converted to U.S. dollars before it is entered into the Visa or Plus networks, the conversion rates and fees of the company that did the conversion will apply. Visa applies a 0.8% International Transaction fee to single currency transactions where the currency has already been pre-converted into U.S. dollars and a 1% fee for multi-currency transactions where both the country codes and currency codes are different. The Credit Union does not apply any additional conversion fee other than what Visa imposes. Termination or Expiration-The Credit Union may, at any time, suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any timeand time and for any reason, terminate the a Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the last calendar day of the month of expiration stated date on the Card. Upon termination or expiration, we may stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your Account account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection cos ts costs we incur in collecting amountsyou amounts you owe us and enforcing ourrights underthis our rights under this Agreement. Changes Waiver-We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card that has been issued to you. The Credit Union will notify you in writing at least 21 days prior to the effective date of the change for any significant change in terms, including increased fees fees, increased liability, fewer transaction types, and stricter limits on the frequency or dollar amountof amount of transfers. If we decide not to enforce our rights or charge a fee in one situation, we arenot are not giving up our right to enforce it or to charge the fee in a later situation. In the event the Credit Union determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your relationship with us with regard to your GKCU CashPoints Global Card LGFCU ATM Debit MemberCard or LGFCU Visa Check MemberCard are governed by and defi xxx defined in accordance withfederal with federal law and, to the extent that state law applies, the laws of the State of North Carolina.

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment 3 businessdays three (3) business days or more before the transacti on transfer is scheduled, and we do not do so, we will be liable for yourlosses your losses or damages. A preauthorizedpayment We reserve the right to block or cancel your Card Account or Virtual Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is a future recurringpayment inconsistent with this Agreement. We will incur no liability to you because of the first in unavailability of the series of payments having cleared the funds that may be associated with your Card Account at least once prior to the stop payment requestand/or Virtual Account. Fees-A $1.00 fee will be charged to your Account for each completed No individual transaction made at an ATM other than CashPoints. A with your Card can exceed $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee4,999.99. You may be charged a fee for a balance inquiry even if use your Card to purchase or lease goods or services wherever Visa debit cards or PULSE cards are accepted. Use of your Card is permitted as long as you do not complete a monetary transactionexceed the value available on your Card Account—unless we decide to approve such transactions. A l l additional fees are listed in Some Merchants do not allow cardholders to conduct split transactions where you would use the table belowCard as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your GKCU CashPoints Global Card. Refunds and MerchantDisputes-If you are entitled wish to conduct a refund for any reasonsplit transaction and it is permitted by the Merchant, you agree must tell the Merchant to accept a credit charge only the exact amount of funds available on the Card to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the delivery, quality, safety, legality, or other aspect of goods or services remaining balance in cash. If you fail to inform the Merchant that you purchase from others with the would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. Authorizations and Authorization Holds-When If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount for $125.00 or more. To avoid preauthorizations by the Merchant, you should not pay at the pump. You should take your Card to the cashier and indicate either a specific amount of fuel, or the specific dollar value you wish to spend. If you believe your Card has sufficient funds when you attempt to pay at the pump and your Card is declined because of the preauthorization value, then, you should take your Card to the cashier and ask to pay only the value of the pumped fuel. If you use your Card at a restaurant, a hotel, for goods a car rental purchase, or servicesfor similar purchases, certain merchants the Merchant may ask us to authorize the transacti on in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when preauthorize the transaction fi nal l y settles and may place a temporary hold on your Account funds amount for the purchase amount indicated by the merchant. Somemerchants may also add an amount plus up to 20% more to ensure that there are sufficient funds will be available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a“hold”on your available funds until the Merchant sends us the final transaction payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting your Card (such as an estimated tipfor a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see below for additional information about how to obtain and use a Virtual Account). If You may not use your Card number or the Issuer’s routing number and your account number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction. Each time you use your Card, you authorize us to reduce the authorization request exceeds the value available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days (7 business days for Travel and Entertainment merchants) have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. As a result, other transactions may be declined, dishonored, or not paid which can result in NSF fees and/or other charges against your Account. We will only charge your Card Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both amounts will affect your available balance until the end of the 3-day hold period (7-day hold period for Travel and Entertainment merchants). In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days (7 business days for Travel and Entertainment merchants). A merchant may reverse the pre-authorization at your request and/or extend or modify the amount of the pre-authorization in certain circumstances, such as an extended hotel stay. If an extension or modification is submitted by a merchant, the hold on your Account will be extended or modified. We are not responsible if we do not authorize or pay other transactions drawn on your Account while such a hold is placed on your Account. Confidentiality-We will disclose informationto third parties about your Account or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providingEmergencyCash and Emergency Card Replacement Services. You consent to the release of this informationwhen yourequest these services. Documentation-You will be provided a monthly Account statement for each month in which there were transactions made on the Account. We reserve the r i ght to stop periodic statements if your Account is inactive. You can get a receipt at the time you make a transaction with your Card using an ATM or point-of-sale terminal. A receipt may not be required for a point-of-sale transaction if the amount of the transaction and any applicable fees. Unless we decide, in our sole discretion, to approve a transaction, you may not exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable transaction fees. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold. To purchase or lease goods or services or make payments by telephone or online, without presenting your Card, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is $50 created on February 24, 2011, its expiration date is February 29, 2012. Each time you use your Virtual Account, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. If you make a transaction that creates a negative balance on your Card, you agree that within thirty (30) days of its creation you will add sufficient funds to your Card to cover the negative balance so that your Card has a zero or lesspositive balance, or that you will otherwise immediately pay such an amount to us in full upon demand. Our Liability-If after thirty (30) days you have not added sufficient funds to cover your negative balance, your Card will remain open to receive credits and loads, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to make any transactions using your Card until it has a positive balance, i.e., sufficient funds to cover the negative balance. If you have not reloaded your Card with sufficient funds to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card may be made via Direct Deposit or any of the other load methods allowed for this Card. Should you voluntarily discontinue use of the Card, you shall remain responsible for the negative balance on your Card and agree that any credits or loads made to your Card will be used to offset the value of the negative balance, if any. You acknowledge that a negative balance on your Card does not constitute a contractual open end line of credit. If we permit a negative balance on one or more occasions, we do not complete thereby obligate ourselves to permit a transaction to or from your Account negative balance on time or in the correct amount per our Agreement with you, we will be liable for your losses or damages to the extent required by federal law. However, we will not be liable, for instance: if, throughno fault of ours, you do not have enough money in your Account to make the withdrawal or transaction; if the ATM, bank or merchant where you are trying to obtain cash does not have enough cash; if the ATM, system, or POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe a transaction was not authorized by you; or if the merchant does not properlytransmit transactioninformation to us. There may be other exceptions provided by applicable law. Foreign Transactions-If your Card is usedin a transaction that is submitted to the Visa or Plus Networks in a currency other than U.S. dollars, Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U. S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate that Visa typically uses is either a government-mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Accountany future occasion, and we may be higher than the rate refuse to pay a negative balance for you could have gotten if you had converted Termination or Expiration-The Credit Union may, at any time, suspend your Card and your ability even though we may have previously paid negative balances for you. We have no obligation to use notify you before we approve or decline a transaction that would result in a negative balance on your Card, for any reason allowed by law, such as if we suspect possible fraud . Items will be approved or suspicious activity, or for security reasons. We may, declined in the order they are received at any timeand for any reason, terminate the Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the last calendar day of the month of expiration stated on the Card. Upon termination or expiration, we may stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your Account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection cos ts we incur in collecting amountsyou owe us and enforcing ourrights underthis Agreement. Changes Waiver-We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card that has been issued to you. The Credit Union will notify you in writing at least 21 days prior to the effective date of the change for any significant change in terms, including increased fees , increased liability, fewer transaction types, and stricter limits on the frequency or dollar amountof transfers. If we decide not to enforce our rights or charge a fee in one situation, we arenot giving up our right to enforce it or to charge the fee in a later situation. In the event the Credit Union determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your relationship with us with regard to your GKCU CashPoints Global Card are governed by and defi xxx in accordance withfederal law and, to the extent that state law applies, the laws of the State of North Carolinadata processor.

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment 3 businessdays business days or more before the transacti on transaction is scheduled, and we do not do so, we will be liable for yourlosses your losses or damages. A preauthorizedpayment preauthorized payment is a future recurringpayment recurring payment with the first in the series of payments having cleared the Account account at least once prior to the stop payment request. Fees-A $1.00 0.75 fee will be charged to your Account for each completed transaction made at an ATM other than CashPoints. A $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee. You may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. A l l All additional fees are listed in the table below. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your GKCU LGFCU CashPoints Global Card. Refunds and MerchantDisputesMerchant Disputes-If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality, or other aspect of goods or services that you purchase from others with the Card. Authorizations and Authorization Holds-When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transacti on transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction fi nal l y finally settles and may place a temporary hold on your Account funds for the amount indicated by the merchant. Somemerchants Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days (7 business days for Travel and Entertainment merchants) have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. As a result, other transactions may be declined, dishonored, or not paid which can result in NSF fees and/or other charges against your Account. We will only charge your Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both of these amounts will affect your available balance until the end of the 3-day hold period (7-day hold period for Travel and Entertainment merchants)period. In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days (7 business days for Travel and Entertainment merchants)days. A merchant may reverse the pre-authorization at your request and/or extend or modify the amount of the pre-authorization in certain circumstances, such as an extended hotel stay. If an extension or modification is submitted by a merchant, the hold on your Account will be extended or modified. We are not responsible if we do not authorize or pay other transactions drawn on your Account while such a hold is authorization holds are placed on your Account. Confidentiality-We will disclose informationto information to third parties about your Account or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providingEmergencyCash providing Emergency Cash and Emergency Card Replacement Services. You consent to the release of this informationwhen yourequest information when you request these services. Documentation-You will be provided a monthly Account statement for each month in which there were transactions made on the Account. We reserve the r i ght right to stop periodic statements if your Account is inactive. You can get a receipt at the time you make a transaction with your Card using an ATM or point-of-sale terminal. A receipt may not be required for a point-of-sale transaction if the amount of the transaction is $50 or less. Our Liability-If we do not complete a transaction to or from your Account on time or in the correct amount per according to our Agreement with you, we will be liable for your losses or damages to the extent required by federal law. However, we will not be liable, for instance: if, throughno through no fault of ours, you do not have enough money in your Account to make the withdrawal or transaction; if the ATM, bank or merchant where you are trying to obtain cash does not have enough cash; if the ATM, system, or POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe a transaction was not authorized by you; or if the merchant does not properlytransmit transactioninformation properly transmit transaction information to us. There may be other exceptions provided by applicable law. Foreign Transactions-If your LGFCU CashPoints Global Card is usedin used in a transaction that is submitted to the Visa or Plus Networks in a currency other than U.S. dollars, Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U. S. U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate that Visa typically uses is either a government-mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Account, and may be higher than the rate you could have gotten if you had converted U.S. dollars into cash. If a transaction initially in a foreign currency is converted to U.S. dollars before it is entered into the Visa or Plus networks, the conversion rates and fees of the company that did the conversion will apply. Visa applies a 0.8% International Transaction fee to single currency transactions where the currency has already been pre-converted into U.S. dollars and a 1% fee for multi-currency transactions where both the country codes and currency codes are different. LGFCU does not apply any additional conversion fee other than what Visa imposes. Termination or Expiration-The Credit Union may, at any time, suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any timeand time and for any reason, terminate the Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the last calendar day of the month of expiration stated date on the Card. Upon termination or expiration, we may stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your Account account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection cos ts costs we incur in collecting amountsyou amounts you owe us and enforcing ourrights underthis our rights under this Agreement. Changes Waiver-We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card that has been issued to you. The Credit Union will notify you in writing at least 21 days prior to the effective date of the change for any significant change in terms, including increased fees fees, increased liability, fewer transaction types, and stricter limits on the frequency or dollar amountof amount of transfers. If we decide not to enforce our rights or charge a fee in one situation, we arenot are not giving up our right to enforce it or to charge the fee in a later situation. In the event the Credit Union determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your relationship with us with regard to your GKCU LGFCU CashPoints Global Card are governed by and defi xxx defined in accordance withfederal with federal law and, to the extent that state law applies, the laws of the State of North Carolina.

Appears in 1 contract

Samples: Cardholder Agreement