Our Liability if We Fail to Stop a Payment or Make a Transfer If we do not complete a transfer to or from your Account on time or in the correct amount as required by this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours, you do not have enough money available in your Account (including any applicable Overdraft credit line limit) to make the transfer; • If the ATM where you are making the transfer does not have enough cash; • If the ATM or ATM network was not working properly and you knew about the breakdown when you started the transfer; • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; • If a merchant or financial institution refuses to honor your Card; • If a transfer is not completed due to systems or communications failure; • If access to the Account is restricted due to its involvement in legal proceedings or by other claims or actions; • If there is an allegation of fraudulent activity concerning your Account; or • If other Bank agreements, terms or disclosures so provide.
