Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. None of us will be liable IF: ● through no fault of ours, you do not have a sufficient Available to Withdraw balance to make the Transaction; ● any ATM, other device, Debit Card or computer system was not working properly and you knew about the breakdown when you started the Transaction; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● circumstances beyond our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions that we have taken; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to you by us or in your other agreements with Aspiration. None of us will be responsible for any person’s actions in refusing to honor or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errors.
Appears in 4 contracts
Samples: Account Agreement, Account Agreement, Account Agreement
Our Liability for Failure to Complete Transactions. If we do not properly complete an Electronic Funds Transfer to or a transaction from your Account Card on time or in the correct amount according to this Agreementour Agreement with you, we will be liable only for your actual and reasonable losses or damages. However, there are some exceptions. None of us We will not be liable IFliable, for instance: ● 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a sufficient Available merchant refuses to Withdraw balance accept your Card; 3. If an electronic terminal where you are making a transaction does not operate properly; 4. If access to make the Transactionyour Card has been blocked after you reported your Card lost or stolen; ● any ATM, other device, Debit Card 5. If there is a hold or computer system was not working properly and you knew about the breakdown when you started the Transaction; ● the ATM your funds are subject to legal process or other device you are using for encumbrance restricting their use; 6. If we have reason to believe the Transaction does not have enough cash or was otherwise unable to process the Transactionrequested transaction is unauthorized; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● 7. If circumstances beyond our control (such as fire fire, flood, or floodcomputer or communication failure) prevent the Transactioncompletion of the transaction, despite the reasonable precautions that we have taken; ● or 8. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Cardholder Services” at once if you believe your Card has been lost or stolen . Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Cardholder Services immediately at 1.800.624.6171. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have failed stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500. Under Visa Inc Bylaws and Rules, your liability for unauthorized Visa transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from lost, theft, or unauthorized use. This reduced liability does not apply to enter ATM transactions or PIN transactions not processed by Visa. Also, if you become aware of and/or your correct PIN statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the maximum number of attempts permitted; ● statement was made available to you, you failed to use may not get back any value you lost after the ATM, other device, Debit Card sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or computer system fraudulent in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to you by us or in your other agreements with Aspiration. None of us will be responsible for any person’s actions in refusing to honor or accept your Debit Card or in taking possession handling of your Debit Card. In any caseIf your Card has been lost or stolen, we will close your Card Account to keep losses down. For Visa’s Zero Liability Policy, please visit Visa’s website at xxx.xxxx.xxx/xxxxxxxxxxxxx Other Terms - Your Card and your obligations under this Agreement may not be liable only for actual proven damages assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the Commonwealth of Pennsylvania except to the extent governed by U.S. federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the failure change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to make the Transaction resulted from a bona fide error by us despite us. Your termination of this Agreement will not affect any of our procedures rights or your obligations arising under this Agreement prior to avoid such errorstermination.
Appears in 3 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer to or from your Account on time or in In the correct amount according to performance of the services required by this Agreement, we shall be entitled to rely solely on the information provided by you, your authorized users, or any of your Team Members. Except as otherwise specifically provided by law, we and Revolut shall be responsible only for performing the services expressly set forth in this Agreement, and we and Revolut shall only be liable to you in the event of loss due to our gross negligence or willful misconduct. In no event will we or Revolut be liable for your losses consequential damages (including lost profits), extraordinary damages, special or punitive damages. HoweverWithout limiting the foregoing in this Section, there are some exceptions. None of us will we and Revolut shall not be liable IFfor, and we shall be excused from failing to act, or from any delay in acting, if such failure or delay is caused by: ● (a) if, through no fault of oursours or of Revolut, you do not have enough funds available in your Card Account to complete the transaction; (b) if a sufficient Available merchant refuses to Withdraw balance to make the Transaction; ● any ATM, other device, Debit accept your Card or computer system was provide cash back; (c) if an ATM where you are making a cash withdrawal does not working properly have enough cash; (d) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the breakdown problem when you started initiated the Transactiontransaction; ● the ATM (e) if access to your Card has been blocked after you reported your Card or Access Code(s) (“Access Code” includes your user ID(s), password(s), PIN(s), and any other access code or credential related to your Card Account) lost or stolen; (f) if there is a hold or your funds are subject to legal process or other device you are using for encumbrance restricting their use; (g) if we or Revolut have reason to believe the Transaction does not have enough cash or was otherwise unable to process the Transactionrequested transaction is unauthorized; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reasonh) and we are not permitted to make the Transaction; ● if circumstances beyond our or Revolut’s control (such as fire fire, flood or floodcomputer or communication failure) prevent the Transactioncompletion of the transaction, despite the reasonable precautions that we or Revolut have taken; ● you have failed (i) if, in our sole discretion, processing a transaction would violate any law or cause us to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card engage in an unsafe or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasonsunsound practice; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to you by us or in your other agreements with Aspiration. None of us will be responsible (j) for any person’s actions other exception stated in refusing to honor or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorsAgreement with you.
Appears in 1 contract
Samples: Cardholder Agreement
Our Liability for Failure to Complete Transactions. For Consumer Accounts Only [see below for Business Accounts (including Trusts and Sole Proprietors)]: If we do not complete an Electronic Funds Transfer a transaction to or from your Account account on time time, or in the correct amount according to this Agreementour Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. None of us we will not be liable IFfor any special, consequential, incidental or punitive losses, damages, or expenses in connection with this agreement or the service, even if we have knowledge of the possibility of the loss, unless such liability is mandated by law or regulation. We will not be liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any cause beyond our reasonable control. For instance, we will not be liable: ● □ If, through no fault of ours, you do not don’t have a sufficient Available enough available funds in your account (or available funds under your overdraft protection plan), or credit to Withdraw balance to make cover the Transactiontransaction or transfer; ● any ATM□ If Online Banking services weren’t working properly, other device, Debit Card or computer system was not working properly and you knew about the breakdown malfunction when you started the Transactiontransaction or transfer; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● □ If circumstances beyond our control (such as fire or flood) prevent prevented the Transactiontransaction or transfer, despite the reasonable precautions that we have we’ve taken; ● you have failed to enter your correct PIN after or □ If there are postal delays or processing delays by the maximum number of attempts permittedPayee; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional other exceptions stated elsewhere not specifically mentioned. For Business Accounts Only (Including Accounts Owned by Sole Proprietors and Trusts) ■ Protecting Your Passcode You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in this Agreement our records, whether or otherwise notified not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us or in and select a new passcode if you believe your other agreements with Aspirationpasscode may have become known to an unauthorized person. None of us The Bank will be responsible have no liability to you for any person’s actions unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in refusing to honor an unauthorized or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorsfraudulent manner.
Appears in 1 contract
Samples: www.pebank.net
Our Liability for Failure to Complete Transactions. If we do either Stash or the Bank does not complete an Electronic Funds Transfer to or a transaction from your Account or debit card on time or in the correct amount according to this Agreementour Agreement with you, we they will be liable for your losses or damages. However, there are some exceptions. None of us Neither Stash nor the Bank will be liable IFliable, for instance: ● If through no fault of ourstheirs, you do not have a sufficient Available to Withdraw balance enough funds available in your Account to make the Transactiontransaction; ● any ATMIf a merchant refuses to accept your debit card or Account number; ● If the information supplied by you or a third party is incorrect, other deviceincomplete, Debit Card ambiguous, or computer system was untimely; ● If the transaction cannot working properly be completed because your debit card is damaged; ● If an ATM where you are making a cash withdrawal does not have enough cash; ● If an electronic terminal (including an ATM or POS terminal) where you are making a transaction does not operate properly, and you knew about the breakdown problem when you started initiated the Transactiontransaction; ● the ATM If access to your debit card or other device Account has been restricted after you are using for the Transaction does not have enough cash reported your debit card or was otherwise unable to process the TransactionAccount number lost or stolen; ● If the funds in your Account is frozen are subject to legal processes, an uncollected funds hold, or are otherwise restricted (not available for example, because of a court order or other similar reason) and we are not permitted to make the Transactionwithdrawal; ● If they have reason to believe the requested transaction may not be authorized by you; ● If circumstances beyond our control (such as fire fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or floodregulatory action, zombie apocalypse, pandemic, or a natural disaster) prevent the Transactioncompletion of the transaction, despite the reasonable precautions that we have taken; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that Any other exception stated in the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to you by us or in your other agreements with Aspiration. None of us will be responsible for any person’s actions in refusing to honor or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorsyou.
Appears in 1 contract
Samples: Deposit Account Agreement
Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer a transaction pursuant to or from your Account on time or any request, and/or in the correct amount according to this Agreementamount, we will may be liable for your losses or damages. However, there are some exceptions. None of us We will not be liable IFliable, for instance: ● • if through no fault of ours, you do not have a sufficient Available adequate funds available on your Card to Withdraw balance to make complete the Transaction; ● any ATMtransfer • if circumstances beyond our control (such as fire, other deviceflood, Debit Card terrorist attack, national emergency, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions we have taken • if access to your Card has been blocked after you reported your Card lost or stolen • if there is a hold on your Card for any reason • if your funds are subject to legal process or other encumbrance restricting their use • if your transfer authorization terminates by operation of law • if a computer system or mobile device was not working properly and you knew about the breakdown problem when you started initiated the Transaction; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● circumstances beyond our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions that we have taken; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● transaction • if we have reason to believe that the requested Transaction transaction is unauthorized. There may be additional exceptions stated elsewhere not authorized or as otherwise provided in this Agreement or otherwise notified What the Credit Union may do if You do not meet Your Obligations under this Agreement (“Default”): You will be in default if: (a) you fail to you pay the Minimum Payment Due by us the Payment Due Date; (b) the Credit Union, in its sole discretion, feels insecure (For example: Our good faith belief that your ability to pay your account is impaired; use of your account in any manner or in your other agreements with Aspiration. None any way that may expose the Credit Union to a risk of us will be responsible for any person’s actions in refusing to honor or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorsloss; etc.);
Appears in 1 contract
Samples: www.greenvillefcu.com
Our Liability for Failure to Complete Transactions. The following description of our liability to you is not meant to be a full explanation of either your or our legal rights or obligations, which may vary, depending on applicable laws. There may also be other exceptions not specifically mentioned below. If we do not complete an Electronic Funds Transfer a transfer to or from your Account account on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your losses or damages. However, there are some exceptions. None of us We will not be liable IFliable, for instance: ● • If, through no fault of ours, you do not have a sufficient Available to Withdraw balance enough available funds in your account to make the Transaction; ● any transfer • If the machine where you are making the transaction does not have enough cash • If the ATM, other deviceterminal, Debit Card or computer system was not working properly and you knew about the breakdown when you started the Transaction; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● transaction • If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the Transactiontransaction, despite the reasonable precautions that we have taken; ● you have failed taken to enter avoid these circumstances • If your correct card or PIN after the maximum number has been reported to be, or suspected of attempts permitted; ● you failed to use the ATMbeing, other devicelost or stolen, Debit Card or computer system in accordance with instructions; ● and we have limited taken action to prevent transactions with the card or refused PIN • If your account is subject to complete Transactions some legal process, right of setoff or encumbrance restricting the transaction, or if the funds in your account are not immediately available for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional completing a transaction • If there are other exceptions stated elsewhere in this Agreement our agreement with you which cover the particular type of account or otherwise notified accounts involved in a specific transaction • If the transfer would go over your overdraft limit or the credit limit on your credit line account • If an account becomes dormant, in which case we may eliminate card access to you by us or in your other agreements with Aspiration. None of us will be responsible for any person’s actions in refusing to honor or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errors.that account
Appears in 1 contract
Samples: test.dodcommunitybank.com
Our Liability for Failure to Complete Transactions. The following description of our liability to you is not meant to be a full explanation of either your or our legal rights or obligations, which may vary, depending on applicable laws. There may also be other exceptions not specifically mentioned below. If we do not complete an Electronic Funds Transfer a transfer to or from your Account account on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your losses or damages. However, there are some exceptions. None of us We will not be liable IFliable, for instance: ● • If, through no fault of ours, you do not have a sufficient Available to Withdraw balance enough available funds in your account to make the Transaction; ● any transfer • If the machine where you are making the transaction does not have enough cash • If the ATM, other device, Debit Card or computer system was not working properly and you knew about the breakdown when you started the Transaction; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● transaction • If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the Transactiontransaction, despite the reasonable precautions that we have taken; ● you have failed taken to enter avoid these circumstances • If your correct card or PIN after the maximum number has been reported to be, or suspected of attempts permitted; ● you failed to use the ATMbeing, other devicelost or stolen, Debit Card or computer system in accordance with instructions; ● and we have limited taken action to prevent transactions with the card or refused PIN • If your account is subject to complete Transactions some legal process, right of setoff or encumbrance restricting the transaction, or if the funds in your account are not immediately available for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional completing a transaction • If there are other exceptions stated elsewhere in this Agreement our agreement with you which cover the particular type of account or otherwise notified accounts involved in a specific transaction • If the transfer would go over your overdraft limit or the credit limit on your credit line account • If an account becomes dormant, in which case we may eliminate card access to you by us or in your other agreements with Aspiration. None of us will be responsible for any person’s actions in refusing to honor or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errors.that account
Appears in 1 contract
Samples: www.dodcommunitybank.com
Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer a transaction to or from your Account account on time time, or in the correct amount according to this Agreementour Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. None of us we will not be liable IFfor any special, consequential, incidental or punitive losses, damages, or expenses in connection with this agreement or the service, even if we have knowledge of the possibility of the loss, unless such liability is mandated by law or regulation. We will not be liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any cause beyond our reasonable control. For instance, we will not be liable: ● □ If, through no fault of ours, you do not don’t have a sufficient Available enough available funds in your account to Withdraw balance to make cover the Transactiontransaction or transfer; ● any ATM□ If Internet Banking services weren’t working properly, other device, Debit Card or computer system was not working properly and you knew about the breakdown malfunction when you started the Transactiontransaction or transfer; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● □ If circumstances beyond our control (such as fire or flood) prevent prevented the Transactiontransaction or transfer, despite the reasonable precautions that we have we’ve taken; ● you have failed to enter your correct PIN after or □ If there are postal delays or processing delays by the maximum number of attempts permittedPayee; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional other exceptions stated elsewhere not specifically mentioned. For business accounts only (including accounts owned by Sole Proprietors and Trusts) Protecting Your Passcode You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in this Agreement our records, whether or otherwise notified not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by us an unauthorized person, either in transit or in at your other agreements with Aspirationplace of business. None of us You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify the Bank and select a new passcode if you believe your passcode may have become known to an unauthorized person. The Bank will be responsible have no liability to you for any person’s actions unauthorized payment or transfer made using your passcode that occurs before you have notified the Bank of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in refusing to honor an unauthorized or accept your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorsfraudulent manner.
Appears in 1 contract
Samples: Banking Service Agreement
Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer a transaction pursuant to or from your Account on time or any request, and/or in the correct amount according to this Agreementamount, we will may be liable for your losses or damages. However, there are some exceptions. None of us We will not be liable IFliable, for instance: ● • if through no fault of ours, you do not have a sufficient Available adequate funds available on your Card to Withdraw balance to make complete the Transaction; ● any ATMtransfer • if circumstances beyond our control (such as fire, other deviceflood, Debit Card terrorist attack, national emergency, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions we have taken • if access to your Card has been blocked after you reported your Card lost or stolen • if there is a hold on your Card for any reason • if your funds are subject to legal process or other encumbrance restricting their use • if your transfer authorization terminates by operation of law • if a computer system or mobile device was not working properly and you knew about the breakdown problem when you started initiated the Transaction; ● the ATM or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● circumstances beyond our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions that we have taken; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● transaction • if we have reason to believe that the requested Transaction transaction is unauthorized. There may be additional exceptions stated elsewhere not authorized or as otherwise provided in this Agreement or otherwise notified What the Credit Union may do if You do not meet Your Obligations under this Agreement (“Default”): You will be in default if: (a) you fail to you pay the Minimum Payment Due by us the Payment Due Date; (b) the Credit Union, in its sole discretion, feels insecure (For example: Our good faith belief that your ability to pay your account is impaired; use of your account in any manner or in any way that may expose the Credit Union to a risk of loss; etc.); (c) your other agreements with Aspiration. None of us will be responsible ability to repay is materially reduced by a change in your employment, by an increase in your obligations, by bankruptcy or insolvency proceedings involving you, by your death, or (for any person’s actions community property state residents only) by a change in refusing to honor marital status or accept domicile; (d) you exceed your Debit Card or in taking possession of your Debit Card. In any case, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite credit limit without our procedures to avoid such errors.permission;
Appears in 1 contract
Samples: www.greenvillefcu.com
Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer a transaction to or from your Uphold USD Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damagesand damages proximately caused by us. However, there are some exceptions. None of us We will not be liable IFliable, for instance: ● (i) if, through no fault of ours, you do not have enough funds available in your Uphold USD Account to complete a sufficient Available transaction; (ii) if a merchant refuses to Withdraw balance to make the Transaction; ● any ATM, other device, Debit accept your Card or computer system was not working properly and you knew about the breakdown when you started the Transactionprovide cash back; ● the (iii) if an ATM or other device where you are using for the Transaction making a cash withdrawal does not have enough cash cash; (iv) if an electronic terminal where you are making a transaction does not operate properly; (v) if access to your Card has been blocked after you reported your Card or was otherwise unable Access Code(s) (“Access Code” includes your user ID(s), password(s), PIN(s), and any other access code or credential related to your Uphold USD Account or Card) lost or stolen; (vi) if there is a hold on your Uphold USD Account or your funds are subject to legal process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reasonencumbrance restricting their use; (vii) and if we are not permitted have reason to make believe the Transactionrequested transaction is unauthorized; ● (viii) if circumstances beyond our or any service provider’s control (such as fire fire, flood or floodcomputer or communication failure) prevent the Transactioncompletion of the transaction, despite the reasonable precautions that we have taken; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit Card or computer system in accordance with instructions; ● we have limited or refused to complete Transactions for security reasons; or ● we have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to you by us or in your other agreements with Aspiration. None of us will be responsible (ix) for any person’s actions other exception stated in refusing our Agreement with you. Except to honor or accept your Debit Card or in taking possession of your Debit Card. In any casethe extent required by applicable law, we and the Program Manager will not be liable only for actual proven damages comprising lost profits, business interruption, consequential damages, extraordinary damages, special damages (even if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorswe are aware that you may incur any of these damages) or punitive damages.
Appears in 1 contract
Samples: Prepaid Debit Card Agreement
Our Liability for Failure to Complete Transactions. If we do not complete an Electronic Funds Transfer a transaction or transfer to or from your Account account on time or in the correct amount according to this Agreementour agreement with you, we will may be liable for your losses or and damages. However, there are some exceptions. None of us We will NOT be liable IFliable, for example, if: ● through • Through no fault of ours, you do not have a sufficient Available to Withdraw balance enough available funds in your account to make the Transactiontransaction or transfer; ● • The transaction or transfer would exceed any ATM, other device, Debit Card permitted overdraft line you have with us; • The ATM where you are making the transaction or computer transfer does not have enough cash; • The terminal or system was not working properly and you knew about the breakdown when you started the Transaction; ● the ATM transaction or other device you are using for the Transaction does not have enough cash or was otherwise unable to process the Transaction; ● your Account is frozen or otherwise restricted (for example, because of a court order or other similar reason) and we are not permitted to make the Transaction; ● circumstances transfer. • Circumstances beyond our control (such as fire fire, flood, power failure, labor dispute, computer breakdown, telephone line disruption or flooda natural disaster) prevent or delay the Transactiontransaction or transfer, despite the reasonable precautions that we have takentaken by us; ● you have failed to enter your correct PIN after the maximum number of attempts permitted; ● you failed to use the ATM, other device, Debit • The Card or computer system in accordance with instructionsPIN you provide is incorrect or incomplete, has been reported lost or stolen, has expired, is damaged so that the encoding strip cannot be read, is inactive due to non-use, is retained by us due to your misuse or suspected fraudulent activities, or is retained by us at your request; ● we have limited or refused • Our failure to complete Transactions the transaction or the placement of a block on your account is done to protect the security of your account and/or the terminal system; • The transaction is prohibited by this Agreement and Disclosure, by law, regulation, or court order, or is illegal; • The funds in your account are subject to legal process, an uncollected funds hold, or are otherwise not available for security reasonswithdrawal; or ● we have reason to believe that the requested Transaction • The information supplied by you or a third party is unauthorizedincorrect, incomplete, ambiguous or untimely. There may be additional other exceptions stated elsewhere in this Agreement our agreement with you. Provided that none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your account, or otherwise notified caused funds from your account to you by us be directed to a person or in entity which does not comply with your other agreements with Aspiration. None of us will instructions, we shall be responsible for returning the improperly transferred funds to your account and for directing to the proper recipient any person’s actions in refusing to honor or accept your Debit Card or in taking possession of your Debit Cardpreviously misdirected transfers. In any caseTHE FORGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by us despite our procedures to avoid such errorsINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR SERVICE.
Appears in 1 contract
Samples: www.logixbanking.com