Common use of Liability for Unauthorized Transactions Clause in Contracts

Liability for Unauthorized Transactions. 5.1 The Bank must be notified immediately of any lost or stolen Card or any unauthorised use of the Card and the circumstances thereof through the Hotline (the “Notification”), Cardmember will not be liable for 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 Card; (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, provided you have not: (a) acted fraudulently or with gross negligence; (b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Card; (c) left the Card or an item containing the card unattended in places visible and 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 request that replacement card be issued to the Cardmember following loss or theft of the Card. The 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 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, and expenses which the Bank may incur and be liable in the event the original card is used or dealt with in any way now or at any future time or in consequence of the Bank issuing the Cardmember the replacement card at the Cardmember’s request for which the Bank may debit the Cardmember’s account and/or set off such sum from any account standing in credit in the Cardmember’s name.