The Bank's Liability for non-execution or incorrect execution or incorrect or late execution of payment operations - general
The Bank's Liability. The Bank undertakes to make every effort to ensure the Alternative Networks’ good operation and to ensure and safeguard the secure supply of the Services hereunder, especially the Customer’s safe access to the Network, the prevention, as far as possible, of any unlawful use of the Network by unauthorized third parties, and the observance of confidentiality with respect to Customer- related data (subject to the provisions of term 5.1 hereof). However, the Bank shall in no way be liable in the event that the secure use of the Network or the confidentiality of Customer’s data is violated despite the exercise of due diligence on the Bank’s part.
The Bank's Liability. The Bank will not be responsible for any costs, damages, demands or expenses that I may incur due to the Bank’s acting or failing to act upon my electronic instructions, except for the Bank’s negligence or misconduct where the Bank’s liability will be limited to the amount of the transaction. The Bank will not in any event be liable for any special, incidental, consequential or indirect damages or losses.
The Bank's Liability. If the Bank does not complete a transfer of funds to or from a Card on time or in the correct amount in accordance with this Agreement, we will be liable for resulting actual damages—but not indirect, incidental, special, consequential, punitive, or exemplary damages. The Bank will have no liability under the following circumstances: • If, through no fault of the Bank, the Card User does not have enough funds available on the Card to make the transfer; • If the ATM where the Card User is attempting to make a withdrawal does not have enough cash; • If any terminal or system is not working properly and the Card User knew of the defect when starting the transfer; • If we are prohibited by law from completing the transfer; • If circumstances beyond the Bank’s control (such as fire or flood) prevent the Card transaction, despite reasonable precautions that the Bank has taken; • If withdrawals from the Account have been prohibited by a court order such as a garnishment or other legal process; • If the Card User(s) have exceeded the limits on frequency of transfers, dollar amount of transfers, or balance amounts; • If a merchant, financial institution, person-to-person payment service, or other party refuses to make a transfer or accept a transfer from the Card; • If we have reason to believe that the transfer has not been properly authorized or is fraudulent; or • If the Bank’s failure to complete a transfer is unintentional and results from a bona fide error, notwithstanding the Bank’s procedures to avoid such error. There may be other exceptions to liability stated in this Agreement or otherwise provided by law.
The Bank's Liability. 5.6.1. The Bank undertakes to make every effort to ensure the Networks’ good operation and to ensure and safeguard the secure supply of the Services hereunder, especially the Customer’s safe access to the Network, the prevention, as far as possible, of any unlawful use of the Network by unauthorized third parties, and the observance of confidentiality with respect to Customer-related data (subject to the provisions of 5.5.1. hereof). However, the Bank shall in no way be liable in the event that the secure use of the Network or the confidentiality of Customer’s data is violated despite the exercise of due diligence on the Bank’s part.
5.6.2. In the event that certain information is expressly subject to disclaimers or certain transactions to special terms, the Bank shall display such disclaimers and terms at a prominent place on its web page, and the Customer acknowledges and agrees that the use of such information or the performance of such transactions implies his acceptance of the said disclaimers or terms respectively.
5.6.3. The Bank shall not be liable for any use of the Networks contrary to the legislative or regulatory framework or equity, including illegal access and use such as phishing and hacking. Under such circumstances, besides penal and civil consequences, the Bank is entitled to terminate this agreement pursuant to the provisions of articles 5.10. and 5.11. below.
5.6.4. The Bank shall not be liable for any Customer losses arising from any deficiency of Alternative Channels that are beyond the Bank’s sphere or responsibility, such as shutdown or malfunction of the telecommunication network, and so on.
The Bank's Liability. 17.1 The Bank is not liable for the non-performance or defective performance of a payment order given by BUX. The Bank is not liable either for non-performance or defective performance of a payment order by the Bank, except where there is wilful misconduct or gross negligence on the part of the Bank.
17.2 The Bank is not liable should the information about your CTA shown in your BUX Account not be correct.
17.3 The Bank is liable only for a loss actually sustained by you as referred to in Article 96 of Book 6 of the Dutch Civil Code that is the direct result of an attributable breach on the Bank’s part to comply with one of its obligations towards you. In no circumstances is the Bank liable for indirect or consequential losses, which include in any event loss of profits, missed savings and other unrealised gains or indirect losses. This article does not prejudice the relevant Contract provisions.
17.4 The Bank is not liable for any loss or damage of any kind whatsoever that is the result of force majeure as referred to in Article 75 of Book 6 of the Dutch Civil Code, including but not limited to the following:
a. international conflicts;
b. acts of terrorism or other violent or armed actions;
c. acts of god (i.e. natural or environmental disasters);
d. measures taken by a domestic, foreign or international government body;
e. measures taken by a supervisory authority;
f. boycotts;
g. labour disputes and strikes affecting third parties or its own staff; and
h. interruptions to the power supply, communication failures, or failures affecting equipment or software owned by the Bank, BUX or third parties.
17.5 The Bank is not liable for any loss or damage sustained by you of any kind that is the result of:
a. the unavailability or incorrect or incomplete operation of any website, systems, the internet and/or (telecommunications) networks of the Bank or BUX;
b. the use of any website and/or misunderstandings, delays, breaches of data integrity or the inaccurate or incomplete communication of notifications or the inaccurate or incomplete performance of payment orders by the Bank or BUX;
c. the fact that information was communicated to you by the Bank or BUX electronically;
d. an attributable breach by a third party used by the Bank or BUX for processing payment orders in relation to the Bank's obligations under the Contract or the General Terms and Conditions;
e. a failure by BUX to discharge its obligations as referred to in article 5.4; and/or
f. breaches by a ...
The Bank's Liability. 5.6.1. The Bank undertakes to make every effort to ensure the Alternative Networks’ good operation and to ensure and safeguard the secure supply of the Services hereunder, especially the Customer’s safe access to the Network, the prevention, as far as possible, of any unlawful use of the Network by unauthorized third parties, and the observance of confidentiality with respect to Custom er- related data (subject to the provisions of term 5.1 hereof). However, the Bank shall in no way be liable in the event that th e secure use of the Network or the confidentiality of Customer’s data is violated despite the exercise of due diligence on the Bank’s part.
5.6.2. In the event that certain information is expressly subject to disclaimers or certain transactions to special terms, the Bank shall display such disclaimers and terms at a prominent place on its web page, and the Customer acknowledges and agrees that the us e of such information or the performance of such transactions implies his acceptance of the said disclaimers or terms respectively.
5.6.3. The Bank shall not be liable for any use of the Networks contrary to the legislative or regulatory framework or equity, including illegal access and use such as phishing and hacking. In such cases, in addition to any penalties and /or sanctions, the Bank shall be entitled to terminate the agreement, pursuant to articles 10 and 11 hereinbelow.
5.6.4. The Bank shall not be liable for any Customer losses arising from any deficiency of Alternative Channels that are beyon d the Bank’s sphere or responsibility, such as shutdown or malfunction of the telecommunication network, and so on.
The Bank's Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance,
The Bank's Liability. If we do not complete a transfer to or from your account on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your Account to make the transfer.
(2) If the transfer would go over the credit limit on your overdraft line.
(3) If the Ecom system was not working properly and you knew about the breakdown when you started the transfer.
(4) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(5) There may be other exceptions stated in this and our other agreements with you.
The Bank's Liability. We may be liable to you for damages or loss you incur if we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you. However, we are not responsible or liable to you if a transaction originated by use of your Check Card or your ATM Card is refused by anyone for any reason. We are not responsible or liable to you if, through no fault of ours, you do not have enough money in your Designated Account to make a transfer you order or authorize from the account or if the transfer would go over your overdraft protection, if any, or transactions on your account are restricted by legal process or otherwise. If you attempt to conduct a transaction at an ATM, we are not responsible or liable to you if the machine does not have enough cash to complete your transaction or the terminal or system is not working properly and you know about the breakdown when you start the transaction. We are not responsible or liable to you if you attempt to use your Check Card or ATM Card during the period when our processing service is not available because of maintenance. Interest Compensation If we are obligated to pay you for loss of interest as a result of an error of ours or a delay in processing your payment order, we may pay interest at our savings account rate. Limitation of Liability for Circumstances Beyond Our Control We shall not be liable to you if we fail to credit, or delay credit for, a fund transfer to your account, or if we fail to transmit or delay transmission of your payment order because of circumstances beyond our reasonable control. Such circumstances include, but are not limited to, legal process, labor unrest, equipment or software failure, interruption of communication facilities, civil unrest or disturbance, natural catastrophe, or acts of government authority. We shall not be responsible to transmit a payment order, that, in our opinion, may violate any guideline, law, rule or regulation of any government authority, and we shall not be liable to you or anyone else for our refusal to do so. Our entire liability, and your sole remedy, for any failure or delay shall not exceed the lesser of your actual damages or the fees actually paid to us by you for our fund transfer service and associated account maintenance fees during the six (6) months preceding the date of the alleged failure or delay. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES. Limit...
