Common use of RISKS AND DUTIES Clause in Contracts

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositor. You further agree that You will notify Us immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIN, or Passcode; b) if the PAC, PIW, PIN, or Passcode becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, or Passcode if either of the notification requirements above in a) or b) arises. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Appears in 20 contracts

Samples: Direct Services Agreement, Standard Terms and Conditions, Standard Terms and Conditions for Credit Union Business Accounts

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RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You will notify Us immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIW or PIN, or Passcode;; or b) if the PAC, PIW, PIN, PIW or Passcode PIN becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, PIW or Passcode PIN if either of the notification requirements above in a) or b) arises. The notification requirement above in b) does not apply if You have disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 30, Personal Financial Management and You are otherwise unaware of suspected or actual misuse or unauthorized use or activity. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode PIW and PIN and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, PIW or Passcode PIN by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Institution, Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Appears in 13 contracts

Samples: Terms and Conditions, Direct Services Agreement, Terms and Conditions

RISKS AND DUTIES. Except for loss caused exclusively by Our our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You you assume all risk of loss due to the use of The Direct Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You you will notify Us immediatelyus immediately in the manner set out in section 40: a) a. of any suspected or actual misuse or unauthorized use of the PACyour Identity, PIWa Password, PINand/or such other form of Proof of Identity; or b. if your Identity, or Passcode; b) if the PAC, PIW, PIN, or Passcode a Password and/or such other form of Proof of Identity becomes known to anyone other than Youyou; orand c) c. if You you receive Notification of any Transaction affecting the Account that alerts You you of Account activity that was not authorized by Youyou. You will change the PAC, PIW, PIN, or Passcode Identity and/or Password if either of the notification requirements above in a) or b) arises. The notification requirement above in b) does not apply if you have disclosed the Password to a Third Party for a reputable personal financial management service. You acknowledge that You you are responsible for all use made of the PACyour Identity, PIW, PIN, or Passcode a Password and such other form of Proof of Identity and that We we are not liable for Your your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You you expressly acknowledge and agree that You you shall be bound by and liable for any use of the PACyour Identity, PIW, PIN, a Password or Passcode such other form of Proof of Identity by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or notyour household. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You you know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us us or found invalid for any reason, You you have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your us, your suspicion and the facts upon which Your your suspicion is based (“Suspicious Circumstances”). The Financial Institution We may, in its our sole discretion, investigate any Suspicious Circumstances disclosed by Youyou, but We we do not owe You you any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution We may place a hold on all or some of Your your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us us pursuant to any of the terms of this Agreement, or investigation undertaken by Usus, is imposed or undertaken by Us us at Our our sole discretion and for the Financial Institution’s our sole benefit. Release of a hold by Us us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youyou. If If, to Our satisfaction our satisfaction, any improper use is established, We we can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 10 contracts

Samples: Direct Services Agreement, Direct Services Agreement, Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You will notify Us immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIW or PIN, or Passcode;; or b) if the PAC, PIW, PIN, PIW or Passcode PIN becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, PIW or Passcode PIN if either of the notification requirements above in a) or b) arises. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode PIW and PIN and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, PIW or Passcode PIN by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Institution, Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Appears in 5 contracts

Samples: Direct Services Agreement, Direct Services Agreement, Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Servicesthe Account, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, PIN, or Passcode;or b) if the PAC, PIW, PIN, or Passcode and/or PIW becomes known to anyone other than You; orthe Depositor, and c) if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor will change the PAC, PIW, PIN, or Passcode and/or PIW if either of the notification requirements above in a) or b) arises. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode and/or PIW and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode and/or PIW by a member of Your the Depositor’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Signing Officer’sMerchant or refusal by a Merchant to honour the Debit Card, Delegate’swhether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or Non Signerinjury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit they have received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will not use the Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s household whether authorized by You or notjurisdiction. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Services and operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by the Depositor in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which the Depositor may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers.

Appears in 4 contracts

Samples: Account Agreement, Account Agreement, Account Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You will notify Us immediately: a) a. of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIW or PIN, or Passcode;; or b) b. if the PAC, PIW, PIN, PIW or Passcode PIN becomes known to anyone other than You; or c) c. if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, PIW or Passcode PIN if either of the notification requirements above in a) or b) arises. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode PIW and PIN and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, PIW or Passcode PIN by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Institution, Your suspicion and the facts upon which Your suspicion is based ("Suspicious Circumstances"). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s 's sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Appears in 2 contracts

Samples: Memberdirect Agreement, Memberdirect® Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Direct Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PAC and/or PIW, PIN, or Passcode;; or b) if the PAC, PIW, PIN, or Passcode PAC and/or PIW becomes known to anyone other than Youthe Depositor; orand c) if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor will change the PAC, PIW, PIN, or Passcode PAC and/or PIW if either of the notification requirements above in a) or b) arises. You acknowledge The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that You are described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode PAC and/or PIW and that We are the Financial Institution is not liable for Your the Depositor's failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, PAC or Passcode PIW by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or notthe Depositor's household. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor's suspicion and the facts upon which Your the Depositor's suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Depositor's Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution's sole discretion and for the Financial Institution’s 's sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 2 contracts

Samples: Standard Terms and Conditions, Terms and Conditions

RISKS AND DUTIES. Except for loss caused exclusively by Our our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You you assume all risk of loss due to the use of The Online Banking Services, including, including without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You you will notify Us us immediately: a) of a. if any suspected or actual misuse or unauthorized use of the PAC, PIW, PIN, or Passcode;; or b) b. if the PAC, PIW, PIN, or Passcode PAC becomes known to anyone other than Youyou; orand c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You c. you will change the PAC, PIW, PIN, or Passcode PAC if either of the notification requirements above in a) or b) situation arises. You acknowledge that You you are responsible for all use made of the PAC, PIW, PIN, or Passcode PAC and that We we are not liable for Your your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactionswithdrawals on and any transfers from the Account. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You you expressly acknowledge and agree that You you shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode PAC by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or notyour household. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accountsAccounts. You bear all risk for all such Transactions. Where You you know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the to your Account, or Instruments deposited to the your Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us us or found invalid for any reason, You you have a duty to make reasonable inquiries of proper parties into such Transactions, instructionsInstructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructionsInstructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructionsInstructions, or Instruments, and to disclose to the Financial Institution Your us, your suspicion and the facts upon which Your suspicion is your suspicions are based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, We may investigate any Suspicious Circumstances disclosed by Youyou, but We we do not owe You you any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution We may place a hold on all or some of Your your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us us pursuant to any of the terms of this Agreement, or investigation undertaken by Usus, is imposed or undertaken by Us us at Our our sole discretion and for the Financial Institution’s our sole benefit. Release of a hold by Us us is not a confirmation that a Transaction, instructionInstruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youyou. If to Our the satisfaction of the Credit Union, any improper use is established, We we can withdraw or suspend The Online Banking Services and and/or operation of the Account without notice.

Appears in 2 contracts

Samples: Online Banking Services Agreement, Online Banking Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or agreement, the Account Agreement, You assume Depositor assumes all risk of loss due to the use of The Servicesthe Account, including, including without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, PIN, or Passcode;or b) if the PAC, PIW, PIN, or Passcode and/or PIW becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by YouDepositor. You will The Depositor agrees to change the PAC, PIW, PIN, or Passcode if either and/or PIW in the event of the notification requirements above in a) or b) arisesabove. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode and/or PIW and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreementagreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode and/or PIW by a member of Your the Depositor’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Signing Officer’sMerchant or refusal by a Merchant to honour the Debit Card, Delegate’swhether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses resulting from circumstances beyond the Depositor's control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or Non Signer’s household whether authorized injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit they have received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will not use the Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by You or notlocal law applicable in the Depositor's jurisdiction. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, the Depositor but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreementagreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Services and operation of the Account without notice.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our our gross negligence or intentional or wilful willful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You you assume all risk of loss due to the use of The Direct Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You you will notify Us immediatelyus immediately in the manner set out in section 29: a) a. of any suspected or actual misuse or unauthorized use of the PACyour Identity, PIWa Password, PINand/or such other form of Proof of Identity; or b. if your Identity, or Passcode; b) if the PAC, PIW, PIN, or Passcode a Password and/or such other form of Proof of Identity becomes known to anyone other than Youyou; orand c) c. if You you receive Notification of any Transaction affecting the Account that alerts You you of Account activity that was not authorized by Youyou. You will change the PAC, PIW, PIN, or Passcode Identity and/or Password if either of the notification requirements above in a) or b) arises. The notification requirement above in b) does not apply if you have disclosed the Password to a Third Party for a reputable management or audit service. You acknowledge that You you are responsible for all use made of the PACyour Identity, PIW, PIN, or Passcode a Password and such other form of Proof of Identity and that We we are not liable for Your your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You you expressly acknowledge and agree that You you shall be bound by and liable for any use of the PACyour Identity, PIW, PIN, a Password or Passcode by a member such other form of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that Proof of Identity You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You you know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us us or found invalid for any reason, You you have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your us, your suspicion and the facts upon which Your your suspicion is based (“Suspicious Circumstances”). The Financial Institution We may, in its our sole discretion, investigate any Suspicious Circumstances disclosed by Youyou, but We we do not owe You you any obligation to undertake Our our own investigation of Suspicious Circumstances. The Financial Institution We may place a hold on all or some of Your your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us us pursuant to any of the terms of this Agreement, or investigation undertaken by Usus, is imposed or undertaken by Us us at Our our sole discretion and for the Financial Institution’s our sole benefit. Release of a hold by Us us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youyou. If If, to Our satisfaction our satisfaction, any improper use is established, We we can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 1 contract

Samples: Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Servicesthe Account, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You it will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, PIN, or Passcode;or b) if the PAC, PIW, PIN, or Passcode and/or PIW becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by YouAuthorized User(s). You will The Depositor agrees to change the PAC, PIW, PIN, or Passcode if either and/or PIW in the event of the notification requirements above in a) or b) arisesabove. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode and/or PIW and that We are the Financial Institution is not liable for Your the Depositor's failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You the Depositor shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode and/or PIW by a member of Your any Authorized User’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Signing Officer’sMerchant or refusal by a Merchant to honour the Debit Card, Delegate’swhether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses resulting from circumstances beyond the Depositor's control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or Non Signer’s household whether authorized injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by You or notlocal law applicable in the Depositor's jurisdiction. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, the Depositor but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Services and operation of the Account without notice. Any monies or negotiable Instruments placed in an envelope or deposit bag and placed by an Authorized User in the night depository will be at the Depositor's risk until the monies or negotiable Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or negotiable Instruments which an Authorized User may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.

Appears in 1 contract

Samples: Business Member Application Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Servicesthe Account, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You it will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, PIN, or Passcode;or b) if the PAC, PIW, PIN, or Passcode and/or PIW becomes known to anyone other than You; or the Authorized User(s), and c) if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor or the Authorized User, as applicable, will change the PAC, PIW, PIN, or Passcode and/or PIW if either of the notification requirements above in a) or b) arises. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode and/or PIW and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You the Depositor shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode and/or PIW by a member of Your any Authorized User’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Signing Officer’sMerchant or refusal by a Merchant to honour the Debit Card, Delegate’swhether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or Non Signerinjury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s household whether authorized by You or notjurisdiction. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Services and operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by an Authorized User in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which an Authorized User may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.

Appears in 1 contract

Samples: Account Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Direct Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: a) a. of any suspected or actual misuse or unauthorized use of the PAC, PAC and/or PIW, PIN, or Passcode;; or b) b. if the PAC, PIW, PIN, or Passcode PAC and/or PIW becomes known to anyone other than Youthe Depositor; orand c) c. if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor will change the PAC, PIW, PIN, or Passcode PAC and/or PIW if either of the notification requirements above in a) or b) arises. You acknowledge The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that You are described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode PAC and/or PIW and that We are the Financial Institution is not liable for Your the Depositor's failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, PAC or Passcode PIW by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or notthe Depositor's household. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor's suspicion and the facts upon which Your the Depositor's suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Depositor's Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution's sole discretion and for the Financial Institution’s 's sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 1 contract

Samples: Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Direct Services, including, including without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: a) : . of any suspected or actual misuse or unauthorized use of the PAC, PAC and/or PIW, PIN, or Passcode;or b) a. if the PAC, PIW, PIN, or Passcode PAC and/or PIW becomes known to anyone other than You; orthe Depositor, and c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You b. will change the PAC, PIW, PIN, or Passcode PAC and/or PIW if either of the notification requirements above in a) or b) situation arises. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode PAC and/or PIW and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactionswithdrawals on and any transfers from the Account. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, PAC or Passcode PIW by a member of Your or a Signing Officer’s, Delegate’s, or Non Signerthe Depositor’s household whether authorized by You or nothousehold. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Depositor’s Account, or Instruments deposited to the Depositor’s Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based ("Suspicious Circumstances"). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Depositor’s Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 1 contract

Samples: Direct Services Agreement

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RISKS AND DUTIES. Except for loss caused exclusively by Our our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account AgreementAgreements, You you assume all risk of loss due to the use of The Direct Services, including, without limitation, including the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You you will notify Us immediately: a) us immediately of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIN, your PAC and/or PIW or Passcode; b) if the PAC, PIW, PIN, or Passcode your PAC and/or PIW becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You a Signing Authority, and you will change the PAC, PIW, PIN, or Passcode your PAC and/or PIW if either of the notification requirements above in a) or b) situation arises. You acknowledge that You you are responsible for all use made of the PAC, PIW, PIN, or Passcode your PAC and/or PIW and that We we are not liable for Your your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactionswithdrawals on and any transfers from the Account. You are also liable for all fraudulent or worthless deposits made into the an Account. Without limiting the generality of the foregoing, You you expressly acknowledge and agree that You that, where applicable, you shall be bound by and liable for any use of the PAC, PIW, PIN, your PAC or Passcode PIW by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or notyour household. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know you knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the your Account, or Instruments deposited to the your Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us us or found invalid for any reason, You you have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your us, your suspicion and the facts upon which Your your suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Appears in 1 contract

Samples: Membership and Personal Deposit Account Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Servicesthe Account, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: : a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, PIN, or Passcode; b) if the PAC, PIW, PIN, or Passcode and/or PIW becomes known to anyone other than You; or the Depositor, and c) if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor will change the PAC, PIW, PIN, or Passcode and/or PIW if either of the notification requirements above in a) or b) arises. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode and/or PIW and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode and/or PIW by a member of Your the Depositor’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Signing Officer’sMerchant or refusal by a Merchant to honour the Debit Card, Delegate’swhether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or Non Signerinjury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit they have received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will not use the Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s household whether authorized by You or notjurisdiction. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Services and operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by the Depositor in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which the Depositor may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers.

Appears in 1 contract

Samples: Account Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful willful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositor. You further agree that You will notify Us immediatelyUsimmediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIN, or Passcode; b) if the PAC, PIW, PIN, or Passcode becomes known to anyone other than You; orYou;or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, or Passcode if either of the notification requirements above in a) or b) arises. The notification requirement above in b) does not apply if You have or a Signing Officer has disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 31, Personal Financial Management, and You are otherwise unaware of suspected or actual misuse or unauthorized use oractivity. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or notornot. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefitsolebenefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without noticewithoutnotice.

Appears in 1 contract

Samples: Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You will notify Us immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, or PIW, PIN, or Passcode;; or b) if the PAC, PIW, PIN, PAC or Passcode PIW becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, PAC or Passcode PIW if either of the notification requirements above in a) or b) arises. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode and PIW and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, PAC or Passcode PIW by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Company, Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”). The Financial Institution Company may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution Company may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial InstitutionCompany’s sole benefit. Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Appears in 1 contract

Samples: Account Access Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Servicesthe Account, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You it will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, PIN, or Passcode;or b) if the PAC, PIW, PIN, or Passcode and/or PIW becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by YouAuthorized User(s). You will The Depositor agrees to change the PAC, PIW, PIN, or Passcode if either and/or PIW in the event of the notification requirements above in a) or b) arisesabove. You acknowledge The Depositor acknowledges that You are the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode and/or PIW and that We are the Financial Institution is not liable for Your the Depositor's failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You the Depositor shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode and/or PIW by a member of Your any Authorized User's household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Signing Officer’sMerchant or refusal by a Merchant to honour the Debit Card, Delegate’swhether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses resulting from circumstances beyond the Depositor's control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or Non Signer’s household whether authorized injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by You or notlocal law applicable in the Depositor's jurisdiction. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor's suspicion and the facts upon which Your the Depositor's suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, the Depositor but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution's sole discretion and for the Financial Institution’s 's sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Services and operation of the Account without notice. Any monies or negotiable Instruments placed in an envelope or deposit bag and placed by an Authorized User in the night depository will be at the Depositor's risk until the monies or negotiable Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or negotiable Instruments which an Authorized User may place in the night depository, even if the loss or destruction is the result of the Financial Institution's negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.

Appears in 1 contract

Samples: Account Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You further agree that You will notify Us immediately: a) a. of any suspected or actual misuse or unauthorized use of the PAC, PIW, PIW or PIN, or Passcode;; or b) b. if the PAC, PIW, PIN, PIW or Passcode PIN becomes known to anyone other than You; or c) c. if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, PIW or Passcode PIN if either of the notification requirements above in a) or b) arises. You acknowledge that You are responsible for all use made of the PAC, PIW, PIN, or Passcode PIW and PIN and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, PIW or Passcode PIN by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are liable for all transfers authorized by any Signing Officer to linked accounts. You bear all risk for all such Transactions. Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Institution, Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Direct Services Agreement For Personal Accounts Terms and Conditions the error or omission in any way, have complied with this Agreement and the Account Agreement, and have given written notice to Us within the time provided in the Account Agreement, and to the extent the liability is not a confirmation that a Transaction, instruction, otherwise excluded by this Agreement or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without noticeAgreement.

Appears in 1 contract

Samples: Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful willful misconduct, and subject to the limitations of liability in this Agreement or and the Account Agreement, You assume the Subscribing Member assumes all risk of loss due to the use of The Servicesthe User Administration Service and Direct Services for Business, including, including without limitation, the risk of Third Party fraud and internal fraud of the DepositorSubscribing Member and any Related Party (if applicable). You The Subscribing Member further agree that You agrees and will ensure each Related Party (if applicable) agrees to notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized unapproved use of the PAC, PIW, PINPassword, or Passcode;and/or Biometric Access Control, or b) if the PAC, PIW, PIN, or Passcode PIW and/or Password becomes known to anyone other than You; or c) if You receive Notification of any Transaction affecting the Account Subscribing Member. The Subscribing Member acknowledges that alerts You of Account activity that was not authorized by You. You will change the PAC, PIW, PIN, or Passcode if either of the notification requirements above in a) or b) arises. You acknowledge that You are Subscribing Member is responsible for all use made of the PAC, PIW, PINPassword, or Passcode and/or Biometric Access Control and that We are the Financial Institution is not liable for Your the Subscribing Member’s and each Related Party’s (if applicable) failure to comply with any part of this Agreement. You are The Subscribing Member is liable for all authorized approved and unauthorized unapproved use, including all Transactionswithdrawals on and any transfers from any Account. You are The Subscribing Member is also liable for all fraudulent or worthless deposits made into the Account. Without limiting The Subscribing Member acknowledges that the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode by a member of Your or a Signing Officer’s, Delegate’s, or Non Signer’s household whether authorized by You or not. You acknowledge that You are Subscribing Member is liable for all transfers authorized approved by any Signing Officer the User(s) to linked accountsAccounts. You bear The Subscribing Member bears all risk for all such Transactions. Where You know the Subscribing Member and/or any Related Party (if applicable) knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the AccountAccounts, or Instruments deposited to the Account Accounts are fraudulent, unauthorizedunapproved, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid not to be valid for any reason, You have the Subscribing Member and/or any Related Party (if applicable), as the case may be, has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized approved Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your the Subscribing Member’s and/or any Related Party’s (if applicable), as the case may be, suspicion and the facts upon which Your the Subscribing Member’s and/or any Related Party’s (if applicable), as the case may be, suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, the Subscribing Member and/or any Related Party (if applicable) but We do the Financial Institution does not owe You the Subscribing Member or any Related Party (if applicable) any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us at Our the Financial Institution in the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Subscribing Member and/or any Related Party (if applicable). If to Our satisfaction any improper use is establishedestablished to the satisfaction of the Financial Institution, We the Financial Institution can withdraw or suspend The the User Administration Service, Direct Services and for Business, and/or operation of the Account without notice.

Appears in 1 contract

Samples: Terms and Conditions

RISKS AND DUTIES. Except for loss caused exclusively by Our the Financial Institution’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume the Depositor assumes all risk of loss due to the use of The Direct Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositorfraud. You The Depositor further agree agrees that You they will notify Us the Financial Institution immediately: a) of any suspected or actual misuse or unauthorized use of the PAC, PAC and/or PIW, PIN, or Passcode;; or b) if the PAC, PIW, PIN, or Passcode PAC and/or PIW becomes known to anyone other than Youthe Depositor; orand c) if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor will change the PAC, PIW, PIN, or Passcode PAC and/or PIW if either of the notification requirements above in a) or b) arises. You acknowledge The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that You are described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode PAC and/or PIW and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, PAC or Passcode PIW by a member of Your or a Signing Officer’s, Delegate’s, or Non Signerthe Depositor’s household whether authorized by You or nothousehold. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Depositor’s Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 1 contract

Samples: Direct Services Agreement

RISKS AND DUTIES. Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud and internal fraud of the Depositor. You further agree that You will notify Us immediately:Financial a) of any suspected or actual misuse or unauthorized use of the PAC, PAC and/or PIW, PIN, or Passcode;; or b) if the PAC, PIW, PIN, or Passcode PAC becomes known to anyone other than Youthe Depositor; orand c) if You receive the Depositor receives Notification of any Transaction affecting the Account that alerts You the Depositor of Account activity that was not authorized by Youthem. You The Depositor will change the PAC, PIW, PIN, or Passcode PAC if either of the notification requirements above in a) or b) arises. You acknowledge The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that You are described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC, PIW, PIN, or Passcode PAC and that We are the Financial Institution is not liable for Your the Depositor’s failure to comply with any part of this Agreement. You are The Depositor is liable for all authorized and unauthorized use, including all Transactions. You are The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You the Depositor expressly acknowledge acknowledges and agree agrees that You they shall be bound by and liable for any use of the PAC, PIW, PIN, or Passcode PAC by a member of Your or a Signing Officer’s, Delegate’s, or Non Signerthe Depositor’s household whether authorized by You or nothousehold. You acknowledge that You are The Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. You bear The Depositor bears all risk for all such Transactions. Where You know the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us the Financial Institution or found invalid for any reason, You have the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution Your Institution, the Depositor’s suspicion and the facts upon which Your the Depositor’s suspicion is based (“Suspicious Circumstances”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by Youthe Depositor, but We do the Financial Institution does not owe You the Depositor any obligation to undertake Our its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your the Depositor’s Accounts pending investigation of any improper use of any Account. Any hold imposed by Us the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by Usthe Financial Institution, is imposed or undertaken by Us the Financial Institution at Our the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. Release of a hold by Us the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by Youthe Depositor. If If, to Our the satisfaction of the Financial Institution, any improper use is established, We the Financial Institution can withdraw or suspend The Direct Services and and/or operation of the Account without notice.

Appears in 1 contract

Samples: Direct Services Agreement

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