Common use of Liability for unauthorised transactions Clause in Contracts

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.

Appears in 11 contracts

Samples: User Agreement, User Agreement, User Agreement

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Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions. Processing Errors We will rectify any processing error that we discover. If the error results in: • You receiving less than the correct amount to which you were entitled, then we will credit your PayPal account for the difference between what you should have received and what you actually received. • You receiving more than the correct amount to which you were entitled, then we will debit your PayPal account for the difference between what you actually received and what you should have received. • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless: • through no fault of ours, you did not have enough available funds to complete the transaction; • our system was not working properly and you knew about the breakdown when you started the transaction; or • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions. Processing errors are not: • Delays that result from PayPal applying holds, limitations or reserves. • Delays based on a payment review. • Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations. • Your errors in making a transaction (for example, mistyping an amount of money that you are sending). Communications Between You and Us This agreement and any other agreements you have with us may be provided electronically. PayPal may communicate with you about your PayPal account and the PayPal services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 business days after we send it. Except as otherwise set out in this agreement, written notices to PayPal must be sent by postal mail to: XxxXxx Xxxxxxxxx XXX Xxx 000 Xxxxxx XXX 0000 PayPal's Rights PayPal, in its sole discretion and acting reasonably, may • Terminate or suspend an account immediately for any material breach of the agreement or the Acceptable Use Policy or breach of any law, or where PayPal forms a reasonable belief that the account poses an unacceptably high risk to it or to other users; or • Terminate or suspend an account at any time so as to protect its legitimate interests, including if it is unable to continue to offer the services to a user, subject to the provision of reasonable notice.

Appears in 3 contracts

Samples: User Agreement, User Agreement, User Agreement

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.

Appears in 3 contracts

Samples: User Agreement, User Agreement, User Agreement

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. 5.1 We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important recommend that you regularly access and review check your transaction history and immediately contact balance at least once a month. If you notice an error in any Card transaction or a Card transaction that you do not recognise, you must notify the Moneycorp Bank Team without undue delay and in any event no later than thirteen (13) months of the transaction debit date. We may request that you provide additional written information concerning any such Card transaction on the dispute form, which can be found on xxx.xxxxxxxxxxxxx.xxx/xxxxxxxx. 5.2 We will refund any unauthorised transaction immediately, unless we have reason to believe (based on the evidence available to us at the time you report the unauthorised transaction) that the transaction was authorised by you, or caused by you breaking any important term or repeatedly breaking any term and failing to remedy it, or you allowed it to happen because of your gross negligence, or we have reasonable grounds to suspect fraudulent activity on your part. 5.3 If we make an immediate refund in accordance with clause 5.2, or make a refund after investigating the transaction, we reserve the right to reverse the refund if we do not receive a completed dispute form providing details of the unauthorised transaction from you believe within ten (10) working days of our request. 5.4 Further to clause 5.2, if we do not make an immediate refund and you still wish to dispute the transaction as unauthorised, we reserve the right to request additional written information in the form of a statement signed by you providing evidence to support your account has been compromisedclaim that the disputed transaction was unauthorised. You are not responsible may be prosecuted in the event you make a fraudulent claim for any loss resulting from an unauthorised transaction if: • The loss was due to fraud whether or negligence by any of our employees not you have received a refund. 5.5 Where the Card is lost or agentsstolen, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that you have failed to keep the security features of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You Card safe in accordance with this Agreement, your maximum liability will be liable limited to £50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that which case you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are may be liable for the actual losses entire loss. The £50 maximum liability will usually be charged in GBP, unless there are insufficient funds available in GBP, then the amount will be funded by converting the outstanding amount into an available Currency balance on the Card and a foreign exchange rate will be applied (see clauses 3.3 and 8). The foreign exchange rate used is the rate determined by us in effect on the day the amount is debited. 5.6 Subject to clauses 5.2, 5.3, 5.4 and 5.5, where it is determined that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are not liable for lossesan unauthorised transaction, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phoneincurred, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete will refund the value of that transaction immediately and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send have no further liability to you a written explanation and for any other losses you may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigationsuffer. However, in some circumstancesif our investigations conclude that the transaction you have disputed has been authorised by you or on your behalf, or you have acted fraudulently, we will not refund the value of the transaction and we may not charge you an investigation administration fee of up to £50. The investigation administration fee will usually be able to provide these to you for legal reasonscharged in GBP, including where that information or documentation contains private information we unless there are not entitled to disclose. We will disclose information to third parties about your PayPal account or insufficient funds available in GBP, then the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you amount will be eligible for 100% protection for Unauthorised Transactionsfunded by converting the outstanding amount into an available Currency balance on the Card and a foreign exchange rate will be applied (see clause 8). The foreign exchange rate used is the rate determined by us on the day the investigation administration fee is applied.

Appears in 2 contracts

Samples: Card Agreement, Card Agreement

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.

Appears in 2 contracts

Samples: User Agreement, User Agreement

Liability for unauthorised transactions. 24.1 If you are an individualact fraudulently, you will be responsible for all losses on the ePayments Code account. If you act without reasonable care, and this part determines causes losses, you may be responsible for them. 24.2 Subject to clauses 24.2.1 to 24.2.4, we will be responsible for any unauthorised transactions that you tell us about in accordance with clause 23.3 (if we suspect fraud or that you have been grossly negligent, we will investigate the transaction and will only be responsible if/when we have concluded that there has been no fraud and you have not been grossly negligent). Where we are responsible, we will immediately refund the amount of the unauthorised transaction and any resulting interest and charges. We will have no further liability to you. 24.2.1 You will be responsible for all losses if you act fraudulently or if you allowed another person to use your liability card or your account. 24.2.2 You will be responsible for all losses arising from an unauthorised transaction. We warrant that we will comply transactions on your account as result of: • you acting fraudulently, or • you intentionally or with gross negligence failing to use your card, telephone banking services and/or Internet banking in accordance with the ePayments Code. You can review Terms (including keeping safe your transaction history at card, PIN or any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud other security or negligence by any of our employees or agentspersonalised details), or employees • you intentionally or agents (including merchants) involved with gross negligence fail to notify us in accordance with section B, clause 8 of the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a any card, PIN, or other security key or breach of password security, you are liable personalised details. 24.2.3 Your liability for the actual losses misuse of the card, unless we can show that occur betweenyou have acted fraudulently or without reasonable care, will be limited as follows: • When if someone else uses your card or someone else knows your PIN before you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify tell us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or the most you will have to pay is £50; • if you believe that an electronic fund transfer has been made someone else uses your card details without your permission using and your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did card has not makebeen lost or stolen, you will not have to pay anything; • if someone else uses your card details without your permission for a transaction where the cardholder does not need to be eligible for 100% protection for Unauthorised Transactionspresent, you will not have to pay anything; • if your card is used before you have received it, you will not have to pay anything. • after you have notified us of the loss or theft of your card or security details in accordance with section B, clause 8. 24.2.4 We will not be responsible to you if we fail to comply with any of the Terms in these Terms and Conditions: • due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary; or • where our failure to comply is due to our obligations under law.

Appears in 2 contracts

Samples: Personal Banking Terms and Conditions, Personal Banking Terms and Conditions

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; A security key or password was forged, faulty, expired or cancelled; A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); A transaction was incorrectly debited more than once; or An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: When you became aware of the security compromise or should reasonably have become aware of it. When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: $150, or a lower figure determined by us; The accessed balance of your account; or The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.

Appears in 1 contract

Samples: User Agreement

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Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions. Processing Errors We will rectify any processing error that we discover. If the error results in: • You receiving less than the correct amount to which you were entitled, then we will credit your PayPal account for the difference between what you should have received and what you actually received. • You receiving more than the correct amount to which you were entitled, then we will debit your PayPal account for the difference between what you actually received and what you should have received. • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless: • through no fault of ours, you did not have enough available funds to complete the transaction; • our system was not working properly and you knew about the breakdown when you started the transaction; or • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions. Processing errors are not: • Delays that result from PayPal applying holds, limitations or reserves. • Delays based on a payment review. • Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations. • Your errors in making a transaction (for example, mistyping an amount of money that you are sending). Other Legal Terms Communications Between You and Us This agreement and any other agreements you have with us may be provided electronically. PayPal may communicate with you about your PayPal account and the PayPal services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 business days after we send it. Except as otherwise set out in this agreement, written notices to PayPal must be sent by postal mail to: PayPal Australia GPO Box 351 Sydney NSW 2001 PayPal's Rights PayPal, in its sole discretion and acting reasonably, may • Terminate or suspend an account immediately for any material breach of the agreement or the Acceptable Use Policy or breach of any law, or where PayPal forms a reasonable belief that the account poses an unacceptably high risk to it or to other users; or • Terminate or suspend an account at any time so as to protect its legitimate interests, including if it is unable to continue to offer the services to a user, subject to the provision of reasonable notice.

Appears in 1 contract

Samples: User Agreement

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.your

Appears in 1 contract

Samples: User Agreement

Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.

Appears in 1 contract

Samples: User Agreement

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