Common use of Liability for Losses Clause in Contracts

Liability for Losses. 14.1 If you are a Micro-enterprise or Charity, you must call us as soon as you notice an unauthorised payment has been taken from your account. We’ll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the Business Day after you tell us, unless any of the following apply: (a) you tell us more than 13 months after the payment was made; (b) we can prove that you acted fraudulently; If you’ve acted fraudulently, you’ll be responsible for all payments from your account. (c) we can prove that the unauthorised payment was made because of your gross negligence; or If you’ve been grossly negligent, you’ll be responsible for all payments from your account until you’ve told us that the payment device or security details have been lost or stolen, or you suspect misuse. An example of gross negligence would be knowingly giving your card and PIN or your online security credentials to someone else. (d) we can prove that the unauthorised payment was made because the payment device was lost or stolen or we can show you failed to keep your security details safe. In this case you’ll be liable for any unauthorised payments made before you tell us about the security breach up to a maximum of £35 and we’ll reduce the refund by this amount. You may not be liable in some other circumstances too – for example, you won’t be responsible for any unauthorised payment if we don’t apply procedures that we’re legally required to use to check a payment has been authorised by you. 14.2 If you are not a Micro-enterprise or Charity and you or a cardholder tell us you have not authorised a payment transaction or you claim it was not correctly executed, then provided you can prove this and have notified us of the disputed transaction within 13 months of it being made, we will immediately refund the amount of the payment transaction to you. If applicable, we’ll also restore the account to the state it would have been in had the unauthorised payment transaction not taken place. 14.3 We are not responsible for cash machines we don’t own, or if any person, bank, retailer or other supplier does not accept your card as payment. 14.4 We are not responsible for any losses caused by abnormal and unforeseeable circumstances beyond our (or our agents’ and/or subcontractors’) control if the consequences would have been unavoidable despite our efforts to the contrary. 14.5 You will be responsible for any loss or cost (including the cost of arrears letters) that we have suffered because of any breach of this agreement by you or a cardholder. 14.6 We are responsible for the correct execution of payment instructions unless we can show that the payee’s bank received the funds. 14.7 If we fail to credit your account with funds intended to be paid to you and which we receive with the correct unique identifier, we will immediately make the amount available to you including, where applicable, crediting your account with the amount of those funds. 14.8 If you are a Micro-enterprise or Charity: On your request we will make immediate efforts to trace the funds and tell you of the outcome. If we’ve made an error, we’ll restore the card account without delay to the state it would have been had the error not taken place. 14.9 If you are not a Micro-enterprise or Charity: We’ll only be responsible to you provided you tell us within three months: (a) for the incorrect execution of your payment instructions where we cannot prove that the payment instruction was properly entered; or (b) for our failure to credit your account with funds intended to be paid to you and we cannot prove that the instructions received did not contain the correct unique identifier. On your request we’ll make immediate efforts to trace the funds and tell you of the outcome. We can charge our costs for this. If we’ve made an error, we will restore your account without undue delay to the state it would have been had the error not taken place.

Liability for Losses. 14.1 If You will be liable for the following losses: • Losses from Authorized Use of Access Card or Secret Code. You will be liable for all Losses which result from authorized use of any Access Card or Secret Code in an ABM/Debit Terminal, including but not limited to, any entry errors or fraudulent or worthless deposits made by you. Accordingly, if an Authorized User uses an Access Card or Secret Code in an ABM/Debit Terminal (whether with or without your specific authorization in any particular instance) or if the Authorized User authorizes anyone else to use an Access Card or Secret Code in the ABM/Debit Terminal, you are a Micro-enterprise or Charity, you must call us as soon as you notice an unauthorised payment has been taken from your account. We’ll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the Business Day after you tell us, unless any of the following apply: (a) you tell us more than 13 months after the payment was made; (b) we can prove that you acted fraudulently; If you’ve acted fraudulently, you’ll be responsible for all payments Losses. • Losses from your account. (c) we can prove that the unauthorised payment was made because Intentional Contribution to Unauthorized Use of your gross negligence; Access Card or If you’ve been grossly negligent, you’ll be responsible for all payments from your account until you’ve told us that the payment device or security details have been lost or stolen, or you suspect misuseSecret Code. An example of gross negligence would be knowingly giving your card and PIN or your online security credentials to someone else. (d) we can prove that the unauthorised payment was made because the payment device was lost or stolen or we can show you failed to keep your security details safe. In this case you’ll You will also be liable for all Losses which result if you intentionally contribute to unauthorized use of any unauthorised payments made before you tell us about the security breach up to a maximum of £35 and we’ll reduce the refund by this amountAccess Card or Secret Code. You may not be liable in some other circumstances too – for example, you won’t be responsible for any unauthorised payment if we don’t apply procedures that we’re legally required to use to check a payment has been authorised by you. 14.2 If you are not a Micro-enterprise or Charity and you or a cardholder tell us you have not authorised a payment transaction or you claim it was not correctly executed, then provided you can prove this and have notified us of the disputed transaction within 13 months of it being made, we will immediately refund the amount of the payment transaction to you. If applicable, we’ll also restore the account to the state it would have been in had the unauthorised payment transaction not taken place. 14.3 We are not responsible for cash machines we don’t own, or if any person, bank, retailer or other supplier does not accept your card as payment. 14.4 We are not responsible for any losses caused by abnormal and unforeseeable circumstances beyond our (or our agents’ and/or subcontractors’) control if the consequences would have been unavoidable despite our efforts to the contrary. 14.5 You will be responsible for any loss deemed to have intentionally contributed to unauthorized use if: • You or cost an Authorized User discloses a Secret Code to anyone, including by writing the Secret Code on your Access Card or keeping a written record of it near an Access Card; • You fail to notify CIBC in accordance with paragraph 1 (including h) after an Access Card has been lost, stolen or misused, or when you suspect or learn that a Secret Code has become known to a person other than you or an Authorized User; • You select a Secret Code which is poorly disguised, including, without limitation, is based on the cost number of arrears letters) that we have suffered because your Access Card, your or an Authorized User's birth date, phone number or address, or the birth date, phone number or address of any breach close relative; or • You or an Authorized User fails to remove an Access Card or money from an automated banking machine. • Losses from Unintentional Contribution to Unauthorized Use of this agreement by Access Card or Secret Code. You will also be liable for all Losses which result if you or a cardholderunintentionally contribute to unauthorized use and you do not cooperate in any subsequent investigation. 14.6 We are responsible for the correct execution of payment instructions unless we can show that the payee’s bank received the funds. 14.7 If we fail to credit your account with funds intended to be paid to you and which we receive with the correct unique identifier, we will immediately make the amount available to you including, where applicable, crediting your account with the amount of those funds. 14.8 If you are a Micro-enterprise or Charity: On your request we will make immediate efforts to trace the funds and tell you of the outcome. If we’ve made an error, we’ll restore the card account without delay to the state it would have been had the error not taken place. 14.9 If you are not a Micro-enterprise or Charity: We’ll only be responsible to you provided you tell us within three months: (a) for the incorrect execution of your payment instructions where we cannot prove that the payment instruction was properly entered; or (b) for our failure to credit your account with funds intended to be paid to you and we cannot prove that the instructions received did not contain the correct unique identifier. On your request we’ll make immediate efforts to trace the funds and tell you of the outcome. We can charge our costs for this. If we’ve made an error, we will restore your account without undue delay to the state it would have been had the error not taken place.

Liability for Losses. 14.1 If For clarification, you will not be liable for Losses resulting You will be liable for the following losses: from circumstances beyond your control, such as: Losses from Authorized Use of Access Card or Losses resulting from unauthorized use of an Secret Code. You will be liable for all Losses Access Card and/or Secret Code which occurs which result from authorized use of any Access after you give notice to CIBC in accordance with Card or Secret Code in an ABM/Debit Terminal, paragraph 1(h) that the Secret Code used with including but not limited to, any entry errors or that Access Card has become or may have fraudulent or worthless deposits made by you. become known to another; Accordingly, if an Authorized User uses an Access Losses resulting from CIBC errors or system Card or Secret Code in an ABM/Debit Terminal malfunctions when a transaction has been (whether with or without your specific authorization accepted at an ABM/Debit Terminal in accordance in any particular instance) or if the Authorized User with the Authorized User’s instructions; or authorizes anyone else to use an Access Card or Secret Code in the ABM/Debit Terminal, you are a Micro-enterprise or Charity, you must call us as soon as you notice an unauthorised payment has been taken Losses resulting from your account. We’ll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the Business Day after you tell us, unless any of the following apply: (a) you tell us more than 13 months after the payment was made; (b) we can prove that you acted fraudulently; If you’ve acted fraudulently, you’ll be unintentional responsible for all payments Losses. contribution to unauthorized use, as long as you cooperate with any consequent investigation. Losses from your account. Intentional Contribution to Unauthorized Use of Access Card or Secret ii) Other Losses (c) we can prove that the unauthorised payment was made because of your gross negligence; or If you’ve been grossly negligent, you’ll be responsible for all payments from your account until you’ve told us that the payment device or security details applicable only if you have been lost or stolen, or you suspect misuseFull Function Code. An example of gross negligence would be knowingly giving your card and PIN or your online security credentials to someone else. (d) we can prove that the unauthorised payment was made because the payment device was lost or stolen or we can show you failed to keep your security details safe. In this case you’ll You will also be liable for all Losses which Service). ). This paragraph 1 (i) (ii) applies to all losses result if you intentionally contribute to unauthorized which occur through the Service and which are not use of any unauthorised payments made before you tell us about the security breach up to a maximum of £35 and we’ll reduce the refund by this amountAccess Card or Secret Code. You may will be covered by paragraph 1 (i) (i) above, (including through deemed to have intentionally contributed to automated banking machines) (collectively called unauthorized use if: "Other Losses"). You will be liable for all Other Losses which occur as a result of authorized or unauthorized You or an Authorized User discloses a Secret use of any Access Card and/or Secret Code or the Code to anyone, including by writing the Service. You will not be liable for Other Losses which Secret Code on your Access Card or keeping occur after you notify CIBC in some other circumstances too – for example, you won’t be responsible for any unauthorised payment if we don’t apply procedures that we’re legally required to use to check accordance with a payment has been authorised by you. 14.2 If you are not a Micro-enterprise or Charity and you or a cardholder tell us you have not authorised a payment transaction or you claim written record of it was not correctly executed, then provided you can prove this and have notified us near an Access Card; paragraph 1(h) of the disputed transaction within 13 months loss, theft or misuse of it being made, we will immediately refund the amount of the payment transaction to you. If applicable, we’ll also restore the account to the state it would have been in had the unauthorised payment transaction not taken place. 14.3 We are not responsible for cash machines we don’t own, or if any person, bank, retailer or other supplier does not accept your card as payment. 14.4 We are not responsible for any losses caused by abnormal and unforeseeable circumstances beyond our (or our agents’ and/or subcontractors’) control if the consequences would have been unavoidable despite our efforts to the contrary. 14.5 You will be responsible for any loss or cost (including the cost of arrears letters) that we have suffered because of any breach of this agreement by you or a cardholder. 14.6 We are responsible for the correct execution of payment instructions unless we can show that the payee’s bank received the funds. 14.7 If we fail to credit your account with funds intended to be paid to you and which we receive with the correct unique identifier, we will immediately make the amount available to you including, where applicable, crediting your account with the amount of those funds. 14.8 If you are a Micro-enterprise or Charity: On your request we will make immediate efforts to trace the funds and tell you of the outcome. If we’ve made an error, we’ll restore the card account without delay to the state it would have been had the error not taken place. 14.9 If you are not a Micro-enterprise or Charity: We’ll only be responsible to you provided you tell us within three months: (a) for the incorrect execution of your payment instructions where we cannot prove that the payment instruction was properly entered; or (b) for our failure to credit your account with funds intended to be paid to you and we cannot prove that the instructions received did not contain the correct unique identifier. On your request we’ll make immediate efforts to trace the funds and tell you of the outcome. We can charge our costs for this. If we’ve made an error, we will restore your account without undue delay to the state it would have been had the error not taken place.the