Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and 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 Card Services 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.xxxxxxxx.xx.xx 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 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 claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund. 5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If a foreign exchange conversion takes place, the foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate in effect on the day the maximum liability is applied. 5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if 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 charge you an investigation administration fee of up to GB£50. The investigation administration fee 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 the next 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 Mastercard to be the wholesale rate in effect on the day the investigation administration fee is applied.
Appears in 2 contracts
Samples: Travelex Money Card Terms and Conditions, Travelex Money Card Terms and Conditions
Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and 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 Card Services 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.xxxxxxxx.xx.xxxxx.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 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 claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 £50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If 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 conversion takes place, the rate will be applied (see clauses 3.3 and 8). The foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate us in effect on the day the maximum liability amount is applieddebited.
5.6 Subject to clauses 5.2, 5.3, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if 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 charge you an investigation administration fee of up to GB£50£50. The investigation administration fee will usually be charged in GBP GBP, unless there are insufficient funds available in GBP, then the amount will be funded by converting the outstanding amount into the next 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 Mastercard to be the wholesale rate in effect us on the day the investigation administration fee is applied.
Appears in 2 contracts
Samples: Card Agreement, Card Agreement
Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and 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 Card Services 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.xxxxxxxx.xx.xxxxx.xxxxxxxxxxxxx.xxx
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 within ten (10) working days of our request.not
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 claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 £50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If 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 conversion takes place, the rate will be applied (see clause 8). The foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate us in effect on the day the maximum liability amount is applieddebited.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if 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 charge you an investigation administration fee of up to GB£50£50. The investigation administration fee will usually be charged in GBP GBP, unless there are insufficient funds available in GBP, then the amount will be funded by converting the outstanding amount into the next 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 Mastercard to be the wholesale rate us in effect on the day the investigation administration fee is applied.
Appears in 1 contract
Samples: Card Agreement
Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and 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 Card Services 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.xxxxxxxx.xx.xxon
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 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 claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If The GB£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 the next available Currency balance on the Card and a foreign exchange conversion takes place, the rate will be applied (see clause 8). The foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate us in effect on the day the maximum liability amount is applieddebited.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if 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 charge you an investigation administration fee of up to GB£50. The investigation administration fee 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 the next 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 Mastercard to be the wholesale rate us in effect on the day the investigation administration fee is applied.
Appears in 1 contract
Samples: Multi Currency Cash Passport Prepaid Mastercard Terms and Conditions
Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and balance at least once a monthregularly. If you notice an error in any Card transaction or a Card transaction that you do not recognise, you must notify Card Services 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.xxxxxxxx.xx.xxxxx.xxxxxx.xx
5.2 We will refund any unauthorised transaction immediatelyat the end of the next Working Day, 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 itterm, 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 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 you, providing evidence to support your claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 5.4 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 EUR50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to:
5.4.1 use any Card or security details in accordance with these terms and conditions;
5.4.2 notify us without delay in accordance with clause 5.1 on becoming aware of the loss, theft, misappropriation or unauthorised use of the Card or security details;
5.4.3 take all reasonable steps to comply with this Agreementkeep the Card or security details safe.
5.5 If any of the above occurs, in which case you may be liable for the entire loss. If a foreign exchange conversion takes place, the foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate in effect on the day the The EUR50 maximum liability is applied.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if 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 charge you an investigation administration fee of up to GB£50. The investigation administration fee will usually be charged in GBP EUR (irrespective of any currency conversion), unless there are insufficient funds available in GBPEUR, then the amount will be funded by converting the outstanding amount into the next 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 Mastercard to be the wholesale rate in effect on the day the investigation administration fee amount is applieddebited. We won’t hold you responsible up to EUR50 where:
5.5.1 the loss or theft of the security details was not detectable by you prior to the transaction (unless you have acted fraudulently); or
5.5.2 the loss was caused by the acts or omissions of one of our employees, agents or branches, or an entity which carried out activities on behalf of us.
5.6 Subject to clauses 5.2, 5.3 and 5.4, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred. We will refund the value of that transaction and any charges and interest incurred within one (1) Working Day and we will have no further liability to you for any other losses you may suffer. If our investigations conclude that the transaction you have disputed has been authorised by you or on your behalf, or you have acted fraudulently or with gross negligence, we may later deduct the amount refunded from your Card.
5.7 When we are responsible for the execution of a transaction and we did not execute it correctly, then you must notify Card Services about the incorrectly executed transaction within thirteen (13) months of the transaction debit date. We will refund the amount debited in respect of the non-executed or defective payment without undue delay and, where applicable, restore the Card Fund to the state in which it would have been had the non-executed or defective transaction not taken place; for example, by refunding any charges as appropriate. We will have no further liability to you.
Appears in 1 contract
Samples: Postfx™ Mastercard Currency Card Terms and Conditions
Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and 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 Card Services without undue delay and in any event no later than thirteen (13) months of the transaction debit date13.1. We may request that you provide additional written information concerning any such Card transaction on the dispute form, which can be found on xxx.xxxxxxxx.xx.xx
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 are responsible for losses caused by you breaking any important term unauthorised transactions unless otherwise specified in this section. A transaction is considered unauthorised if the Cardholder has not consented to the transaction.
13.2. Provided You have not acted fraudulently or repeatedly breaking any term and failing to remedy it, or you allowed it to happen because of your with gross negligence, your maximum liability for any unauthorized transactions or we have reasonable grounds to suspect fraudulent activity fees incurred on your partCard before You report it lost or stolen will be £35.00. “Gross negligence” could include keeping Your PIN close to Your Card, so that both are easy to use by a third party.
5.3 If we make an immediate refund 13.3. You will be responsible for
13.3.1. any unauthorised activity and loss if You act fraudulently or intentionally or with gross negligence fail to comply with the obligations of Sections 11 and 12
13.3.2. any loss or fraud that results directly from your failure to advise us promptly of any name, address or contact details changes.
13.4. In the event that You do not use your Card in accordance with clause 5.2this Agreement or We find that You are using the Card fraudulently, or make a refund after investigating the transaction, we We reserve the right to reverse the refund if we do not receive charge You for any reasonable costs that We incur in taking action to stop You using this Card and to recover any monies owed as a completed dispute form providing details result of the unauthorised transaction from you within ten (10) working days of our requestyour activities.
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 claim that the disputed transaction was unauthorised13.5. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If a foreign exchange conversion takes place, the foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate in effect on the day the maximum liability is applied.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any unauthorized transactions that occur after You have notified us of lost, stolen or misappropriated Card or Credentials, unless You have acted fraudulently. 14 Refunds and OUR LIABILITIES
14.1. Provided that You dispute an unauthorized transaction in accordance to Sections 12 and 13 of this Agreement without undue delay after You became or should have become aware of the loss incurredcircumstance, and no later than 13 months after the debit date, we will must refund the value amount of the transaction. Our obligation to refund the charge does not apply if (a) You have accepted liability for the transaction in writing, or (b) We have reason to believe that the transaction immediately was authorized by You and we initiate an investigation into the matter. The duty to xxxxxx stated in the first sentence does not apply to your own liability for £35.00 under Section 13.2.
14.2. Without prejudice to your obligations under Section 11, We will ensure that the Credentials associated with the Card or Account are not available to anyone other than You.
14.3. We will ensure the availability of our Account Centre or Customer Service at all times for You to notify us of lost, stolen or misappropriated Card or Credentials, or request the lifting of a card block.
14.4. We will not be obliged to enter into any dispute arising between You and a retailer or a bank and, moreover, a dispute with a retailer or a bank does not absolve You of complying with regulations governing the use of the Card and this Agreement. Please note that We do not accept liability for the quality, nature, delivery, or other aspects of the goods or services bought with the Card, unless otherwise stated in this Agreement or pursuant to legislation. Disputes related to the quality, nature, delivery, or other aspects of goods or services bought with the Card should be addressed to the merchant.
14.5. If You notify us that You have no further liability become the victim of a fraud or other criminal offence in connection with charges to you your account, (a) You must provide us with a written report detailing the circumstances and (b) We may require that You report the matter to the police.
14.6. We are liable for any other losses you your direct losses: (a) for unauthorized transactions to the extent described in Sections 13 and 14, (b) if the Account has been wrongfully debited as a result of our Payment Processing Services (and in some cases the merchant’s systems) causing a transactional error, technical failure, posting errors or similar circumstances, (c) for incorrect charges to your Account due to our negligence.
14.7. While We are responsible for processing your transactions in a correct and timely manner, absent negligence by us, We will not be liable for not processing transactions, or for processing them incorrectly, in following circumstances:
14.7.1. the Available Balance is not enough to process the amount of the transaction as posted by You or the merchant (this may sufferoccur because You do not have sufficient funds in the account, because there is an existing authorization hold, or because You or the merchant have entered an incorrect transaction amount that exceeds the funds in the account);
14.7.2. access to your funds is blocked as a security measure because You reported the loss, theft or unauthorised use of your Card;
14.7.3. We have reason to believe the requested transaction is suspicious, fraudulent, or unauthorized;
14.7.4. We determine that We cannot process or execute a transaction to comply with applicable law, a court order or card association rules;
14.7.5. the ATM You are trying to use does not have enough cash;
14.7.6. the ATM, POS terminal, website, network, or communication system involved in your transaction did not work properly;
14.7.7. your computer or mobile device from which You are performing the transaction fails to send or receive data or relevant messages;
14.7.8. circumstances beyond our control (for example, natural disasters, earthquakes, fires, floods, war, or acts of terrorism) prevent the completion of the transaction;
14.7.9. a merchant, bank or ATM refuses to accept your Card;
14.7.10. You or the merchant provided inaccurate or incomplete information regarding a transaction. If the merchant provided an incorrect amount which You should have discovered when using the Card to pay for goods or services, You must address the complaint to the merchant;
14.7.11. your Card is not working because it has been damaged (in this case, please inform customer service so that We can replace the card); and
14.7.12. short-term interruptions in the payment card system or the Payment Processing Services. In all of these instances, We may be liable if We have acted negligently and in doing so contributed to your loss. However, if the liability for such negligence is limited to your direct loss.
14.8. Unless otherwise stated, our investigations conclude that liability is limited to the transaction you have disputed has been authorised amount deducted from your Account.
14.9. To the extent allowed by you or on your behalfapplicable law, We are not liable for any type of indirect losses, or you consequential or punitive damages, unless We have acted fraudulentlywith gross negligence, we will willful misconduct or fraud. Further We are not refund liable for losses that (a) occur due to exceptional circumstances beyond our control or that We cannot predict or avoid the value of the transaction and we consequences, or (b) may charge you an investigation administration fee of up be caused due to GB£50. The investigation administration fee will usually be charged in GBP unless there are insufficient funds available in GBP, then the amount will be funded duties imposed on us by converting the outstanding amount into the next 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 Mastercard to be the wholesale rate in effect on the day the investigation administration fee is appliedlaw.
Appears in 1 contract
Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and 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 Card Services without undue delay and in any event no later than thirteen (13) months of the transaction debit date13.1. We may request that you provide additional written information concerning any such Card transaction on the dispute form, which can be found on xxx.xxxxxxxx.xx.xx
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 are responsible for losses caused by you breaking any important term unauthorised transactions unless otherwise specified in this section. A transaction is considered unauthorised if the Cardholder has not consented to the transaction.
13.2. Provided You have not acted fraudulently or repeatedly breaking any term and failing to remedy it, or you allowed it to happen because of your with gross negligence, your maximum liability for any unauthorized transactions or we have reasonable grounds to suspect fraudulent activity fees incurred on your partCard before You report it lost or stolen will be £35.00. “Gross negligence” could include keeping Your PIN close to Your Card, so that both are easy to use by a third party.
5.3 If we make an immediate refund 13.3. You will be responsible for
13.3.1. any unauthorised activity and loss if You act fraudulently or intentionally or with gross negligence fail to comply with the obligations of Sections 11 and 12
13.3.2. any loss or fraud that results directly from your failure to advise us promptly of any name, address or contact details changes.
13.4. In the event that You do not use your Card in accordance with clause 5.2this Agreement or We find that You are using the Card fraudulently, or make a refund after investigating the transaction, we We reserve the right to reverse the refund if we do not receive charge You for any reasonable costs that We incur in taking action to stop You using this Card and to recover any monies owed as a completed dispute form providing details result of the unauthorised transaction from you within ten (10) working days of our requestyour activities.
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 claim that the disputed transaction was unauthorised13.5. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If a foreign exchange conversion takes place, the foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate in effect on the day the maximum liability is applied.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any unauthorized transactions that occur after You have notified us of lost, stolen or misappropriated Card or Credentials, unless You have acted fraudulently. 14 Refunds and OUR LIABILITIES
14.1. Provided that You dispute an unauthorized transaction in accordance to Sections 12 and 13 of this Agreement without undue delay after You became or should have become aware of the loss incurredcircumstance, and no later than 13 months after the debit date, we will must refund the value amount of the transaction. Our obligation to refund the charge does not apply if (a) You have accepted liability for the transaction in writing, or (b) We have reason to believe that the transaction immediately was authorized by You and we initiate an investigation into the matter. The duty to refund stated in the first sentence does not apply to your own liability for £35.00 under Section 13.2.
14.2. Without prejudice to your obligations under Section 11, We will ensure that the Credentials associated with the Card or Account are not available to anyone other than You.
14.3. We will ensure the availability of our Account Centre or Customer Service at all times for You to notify us of lost, stolen or misappropriated Card or Credentials, or request the lifting of a card block.
14.4. We will not be obliged to enter into any dispute arising between You and a retailer or a bank and, moreover, a dispute with a retailer or a bank does not absolve You of complying with regulations governing the use of the Card and this Agreement. Please note that We do not accept liability for the quality, nature, delivery, or other aspects of the goods or services bought with the Card, unless otherwise stated in this Agreement or pursuant to legislation. Disputes related to the quality, nature, delivery, or other aspects of goods or services bought with the Card should be addressed to the merchant.
14.5. If You notify us that You have no further liability become the victim of a fraud or other criminal offence in connection with charges to you your account, (a) You must provide us with a written report detailing the circumstances and (b) We may require that You report the matter to the police.
14.6. We are liable for any other losses you your direct losses: (a) for unauthorized transactions to the extent described in Sections 13 and 14, (b) if the Account has been wrongfully debited as a result of our Payment Processing Services (and in some cases the merchant’s systems) causing a transactional error, technical failure, posting errors or similar circumstances, (c) for incorrect charges to your Account due to our negligence.
14.7. While We are responsible for processing your transactions in a correct and timely manner, absent negligence by us, We will not be liable for not processing transactions, or for processing them incorrectly, in following circumstances:
14.7.1. the Available Balance is not enough to process the amount of the transaction as posted by You or the merchant (this may sufferoccur because You do not have sufficient funds in the account, because there is an existing authorization hold, or because You or the merchant have entered an incorrect transaction amount that exceeds the funds in the account);
14.7.2. access to your funds is blocked as a security measure because You reported the loss, theft or unauthorised use of your Card;
14.7.3. We have reason to believe the requested transaction is suspicious, fraudulent, or unauthorized;
14.7.4. We determine that We cannot process or execute a transaction to comply with applicable law, a court order or card association rules;
14.7.5. the ATM You are trying to use does not have enough cash;
14.7.6. the ATM, POS terminal, website, network, or communication system involved in your transaction did not work properly;
14.7.7. your computer or mobile device from which You are performing the transaction fails to send or receive data or relevant messages;
14.7.8. circumstances beyond our control (for example, natural disasters, earthquakes, fires, floods, war, or acts of terrorism) prevent the completion of the transaction;
14.7.9. a merchant, bank or ATM refuses to accept your Card;
14.7.10. You or the merchant provided inaccurate or incomplete information regarding a transaction. If the merchant provided an incorrect amount which You should have discovered when using the Card to pay for goods or services, You must address the complaint to the merchant;
14.7.11. your Card is not working because it has been damaged (in this case, please inform customer service so that We can replace the card); and
14.7.12. short-term interruptions in the payment card system or the Payment Processing Services. In all of these instances, We may be liable if We have acted negligently and in doing so contributed to your loss. However, if the liability for such negligence is limited to your direct loss.
14.8. Unless otherwise stated, our investigations conclude that liability is limited to the transaction you have disputed has been authorised amount deducted from your Account.
14.9. To the extent allowed by you or on your behalfapplicable law, We are not liable for any type of indirect losses, or you consequential or punitive damages, unless We have acted fraudulentlywith gross negligence, we will willful misconduct or fraud. Further We are not refund liable for losses that (a) occur due to exceptional circumstances beyond our control or that We cannot predict or avoid the value of the transaction and we consequences, or (b) may charge you an investigation administration fee of up be caused due to GB£50. The investigation administration fee will usually be charged in GBP unless there are insufficient funds available in GBP, then the amount will be funded duties imposed on us by converting the outstanding amount into the next 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 Mastercard to be the wholesale rate in effect on the day the investigation administration fee is appliedlaw.
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Liability for unauthorised transactions. 5.1 We recommend that you check your transaction history and balance at least once a month. If you notice an error in The Bank must be notified immediately of any lost or stolen Card transaction or a Card transaction that you do not recognise, you must notify Card Services 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.xxxxxxxx.xx.xx
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 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 claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features use of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 and the circumstances thereof through the Hotline (or Currency equivalentthe “Notification”), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. If a foreign exchange conversion takes place, the foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate in effect on the day the maximum liability is applied.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you Cardmember will not be liable for any card-present unauthorised transactions which require PIN verification if Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practical after having discovered the loss or unauthorized use of the loss incurredCard;
(c) voluntarily disclosed the PIN to another person; or
(d) recorded the PIN on the card or anything kept in close proximity with your Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if our investigations conclude that the transaction provided you have disputed has been authorised by you not:
(a) acted fraudulently or on your behalf, with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or you have acted fraudulently, we will not refund the value unauthorised use of the transaction Card;
(c) left the Card or an item containing the card unattended in places visible and we accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardmember’s place of residence; or
(d) voluntarily allowed another person to use the Card.
5.2 The Cardmember may charge you an investigation administration fee request that replacement card be issued to the Cardmember following loss or theft of up to GB£50the Card. The investigation administration Bank shall be under no obligation to issue a replacement card and, the issuance of any replacement card is subject to such card replacement fee will usually and execution of card replacement related documentations as the Bank deems fit and appropriate.
5.3 In consideration of the Bank issuing the Cardmember a replacement of the original card, the Cardmember agrees to hold the Bank free from liability and shall indemnify the Bank from and against all claims, demands, losses, damage, cost, charges, tax (including but not limited to GST) and expenses which the Bank may incur and be charged liable in GBP unless there are insufficient funds available the event the original card is used or dealt with in GBP, then any way now or at any future time or in consequence of the amount will be funded by converting Bank issuing the outstanding amount into Cardmember the next available Currency balance on replacement card at the Card and a foreign exchange rate will be applied (see clause 8). The foreign exchange rate used is Cardmember’s request for which the rate determined by Mastercard to be Bank may debit the wholesale rate Cardmember’s account and/or set off such sum from any account standing in effect on credit in the day the investigation administration fee is appliedCardmember’s name.
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Samples: Cardmember Agreement
