Common use of Unauthorised Payments Clause in Contracts

Unauthorised Payments. 14.2.1 If there is a payment from the E-Money Account that you did not authorise, we will refund the amount of the unauthorised payment and, where applicable, restore your E-Money Account to the state it would have been had the unauthorised payment not taken place, subject to the other provisions of this Clause 14. 14.2.2 If we can show that you have acted fraudulently, we will not be liable to you for unauthorised payments from your E-Money Account. 14.2.3 If we can show you have been grossly negligent in keeping your E-Money Account log-in details or any device used by you to access our Services safe, we will not be liable to you for unauthorised payments from your E-Money Account, unless: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 You will be liable for the first £35 for any losses incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; or (b) your E-Money Account log-in details or any device used to access our Services were compromised as a result of something done by our employees or agents.

Appears in 4 contracts

Sources: Relationship Agreement, Relationship Agreement, Relationship Agreement

Unauthorised Payments. 14.2.1 If there 11.1 Subject to this clause 11, where an unauthorised Payment Transaction is made from your Account you will only be liable for up to a payment maximum of £35 for any losses incurred as a result of unauthorised Payment Transactions arising: 11.1.1 from the E-Money Account use of your Authentication Instrument when these have been lost or stolen; or 11.1.2 where you have failed to keep your Authentication Instrument safe. 11.2 You shall not bear any liability for unauthorised Payment Transaction in cases where: 11.2.1 the damage was caused by our action or inaction (including that you did not authoriseof our employees and / or agents); 11.2.2 the loss, we will refund the amount theft or misappropriation of the unauthorised payment and, where applicable, restore your E-Money Account Authentication Instrument was not detectable by you prior to the state it would have been had the unauthorised payment not taken place, subject to the other provisions of this Clause 14.Payment Transaction; 14.2.2 If we can show that 11.3 Except where you have acted fraudulently, we will you shall not be liable to you bear any liability for unauthorised payments from Payment Transaction in cases where: 11.3.1 We have not enabled you to notify us in accordance with clause 4.4; 11.3.2 you have already notified us of the loss, theft or misappropriation of the Authentication Instrument; 11.3.3 we do not require strong customer authentication in circumstances where it should have been required; and / or 11.3.4 the Authentication Instrument have been used in connection with a distance contract (for example, an online purchase). 11.4 You will bear full liability for any unauthorised Payment Transactions in cases where: 11.4.1 you have committed fraud; or 11.4.2 you have intentionally or due to gross negligence breached one or several of the obligations regarding the keeping of Authentication Instrument safe as stipulated in the Agreement; or 11.4.3 you have intentionally or due to gross negligence failed to notify us in accordance with clause 19 without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the Authentication Instrument, or, in any event, (a) if you are an Individual or Micro Enterprise, more than 13 months after the day on which your E-Money Account.Wallet was debited in relation to the unauthorised Payment Transaction; 14.2.3 If we can show (b) if you have been grossly negligent in keeping are a Large Enterprise, more than one month after the day on which your E-Money Account log-Wallet was debited in details or any device used by relation to the unauthorised Payment Transaction. 11.5 Where you are a Large Enterprise, if you deny having authorised an executed Payment Transaction: 11.5.1 it is for you to access prove that the Payment Transaction was not authenticated, was not accurately recorded, was not entered in our Services safeaccounts and / or was affected by a technical breakdown or some other deficiency in the service provided by us, we will not be liable to you for unauthorised payments from your E-Money Account, unlessand 11.5.2 the use of an Authentication Instrument which is recorded by us shall act as proof that: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used Payment Transaction was authorised by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out you; and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 You will be liable for the first £35 for any losses incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; / or (b) your E-Money Account log-that you acted fraudulently or failed with intent or gross negligence breached one or several of the obligations regarding the keeping of Authentication Instrument safe as stipulated in details or the Agreement. 11.6 Where you are not liable in full for an unauthorised Payment Transaction, we shall return to you the relevant amount (including any device used to access our Services were compromised as a result of something done fees and interest) by our employees or agentsno later than the next Business Day after the day on which we learned about the unauthorised Payment Transaction.

Appears in 3 contracts

Sources: Terms of Use, Terms of Use User Agreement, User Agreement

Unauthorised Payments. 14.2.1 3.2.1 If there is a payment from the E-Money Account that you did not authorise, we will refund the amount of the unauthorised payment and, where applicable, restore your E-Money Account to the state it would have been had the unauthorised payment not taken place, subject to the other provisions of this Clause 14.Part C. 14.2.2 3.2.2 If we can show that you have acted fraudulently, we will not be liable to you for unauthorised payments from your E-Money Account. 14.2.3 3.2.3 If we can show you have been grossly negligent in keeping your E-Money Account log-in details or any device used by you to access our Services safe, we will not be liable to you for unauthorised payments from your E-Money Account, unless: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 3.2.4 You will be liable for the first £35 for any losses incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; or (b) your E-Money Account log-in details or any device used to access our Services were compromised as a result of something done by our employees or agents. 3.2.5 You should without undue delay notify us (using the details at Clause 12.1) if you become aware of the loss, theft or misuse of your E-Money Account log-in details or any device which you use to access your E-Money Account. 3.2.6 Where we are liable to you under paragraph 3.2, we will refund you the amount of the unauthorised payment as soon as practicable and by no later than the end of the business day after we became aware of the unauthorised payment.

Appears in 3 contracts

Sources: Relationship Agreement, Relationship Agreement, Relationship Agreement

Unauthorised Payments. 14.2.1 14.1 You must carefully check all statements, transaction advices, entries in your passbook and other documents we give to you detailing payments made out of your account. If there is you become aware of any unauthorised payments you must call us without undue delay, and in any event within 13 months after the date the payment was debited from your account by calling us on our freephone fraud prevention number 0800 077 8210. As long as we have no reason to believe you are not entitled to a payment from the E-Money Account that refund and you did not authorisenotify us in accordance with this condition, we will refund the amount of the unauthorised payment and, where applicable, restore and put your E-Money Account account back to the state position it would have been in, as if the payment had not been made, by the end of the next working day. 14.2 You may be liable up to a maximum of £35 for unauthorised payment payments which take place before you notify us and which arise from the use of any lost or stolen passbook or security details which have become known to someone else. We won’t hold you responsible for up to £35 where: 14.2.1 the loss or theft of your passbook or security details was not taken place, subject detectable by you prior to the other provisions payment (unless you have acted fraudulently); or 14.2.2 the loss was caused by the acts or omissions of this Clause 14our employees, agents or branches, or an entity which carried out activities on our behalf. 14.2.2 If we can show that 14.3 However, you will be liable for all payments made from your account(s) if you have, deliberately or carelessly failed to: 14.3.1 use your passbook or security details in accordance with these Terms and Conditions; 14.3.2 notify us without delay in accordance with condition 13.3 on becoming aware of the loss, theft or unauthorised use of your passbook or security details; or 14.3.3 take all reasonable steps to keep your passbook or security details safe. 14.4 Except where you have acted fraudulently, we will you are not be liable to you for unauthorised payments from your E-Money Account. 14.2.3 If we can show you have been grossly negligent in keeping your E-Money Account log-in details or any device used by you to access our Services safe, we will not be liable to you for unauthorised payments from your E-Money Account, unlessresponsible: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 You will be liable for the first £35 14.4.1 for any losses incurred in respect of any unauthorised payment transactions payments arising from after you notified us of the loss, theft or unauthorised use of your E-Money Account log-passbook or security details in details accordance with condition 13.3; 14.4.2 if we failed to provide you with appropriate means of reporting the loss or any device used by you to access our Services being compromised. You will not be liable for theft of the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details passbook or any device used by you to access our Service had been compromised by the time they were wrongfully usedsecurity details; or (b) 14.4.3 where your E-Money Account log-security details have been used in details certain circumstances to buy something online or any device used to access our Services were compromised as at a result of something done by our employees or agentsdistance.

Appears in 3 contracts

Sources: Savings General Terms and Conditions, Savings General Terms and Conditions, Savings General Terms and Conditions

Unauthorised Payments. 14.2.1 If there 12.1. An unauthorised payment is a payment from the E-Money Account made without your or a User’s permission. You must tell us as soon as you notice that you did not authorise, we will refund the amount of the an unauthorised payment and, where applicable, restore has been made from your E-Money Account to the state it would have been had the unauthorised payment not taken place, subject to the other provisions of this Clause 14account. 14.2.2 If we can show that 12.2. Unless you have acted fraudulently, we will not be liable to you always provide a refund for unauthorised payments from made: • after you have told us that your E-Money Accountsecurity details have been lost or stolen (using the contact details in this agreement); or • if we have not applied procedures that we are legally required to use to ensure that the payment has been authorised by you (for example, ensuring you use your security details when there are legal requirements which require you to do so). 14.2.3 12.3. If we can show are required to provide a refund for an unauthorised payment, we will restore your account to the position it would have been in had the unauthorised payment not been made. We will do this as soon as possible, and at the latest by the end of the working day after we have become aware of the unauthorised payment. 12.4. However, there may be some circumstances when we are not required to give you a refund. This includes when we have reasonable grounds to suspect you have acted fraudulently and the other reasons set out in this agreement, which depend on the type of customer you are. We have explained these further below. 12.5. If we discover that you are not entitled to a refund after we have refunded you, we have the right to reverse that refund and any interest or charges we have made to you. 12.6. We will not provide a refund for unauthorised payments if: • you tell us more than 13 months after the unauthorised payment was made; or • you have been grossly negligent in keeping (acted with a very significant degree of carelessness) or have intentionally failed to keep your E-Money Account log-in details security credentials safe. 12.7. We also can't charge you if losses were caused by us, our staff or any device used by people working for us, or if we didn't provide you with the means to access our Services safereport the account security issues to us, or if we have failed to ask for the right form of security checking when the law required us to. 12.8. If you are a larger organisation, we will not be liable to provide a refund if: • you for unauthorised payments from your E-Money Account, unless: (a) the losses have occurred don't tell us within three months after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed made; • your or a User's security details were used to do so; or (d) you made make the payment. In that case we will treat the payment in connection with an online or "distant" purchase of goods or services where as properly authorised, unless you have already told us that your, or a User's, account or security details have been lost, stolen or compromised or you have already asked us to stop the access of the User who initiated the payment; or • you cannot come into face provide evidence to face contact with prove that the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protectionswas unauthorised. 14.2.4 You will be liable for the first £35 for any losses incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; or (b) your E-Money Account log-in details or any device used to access our Services were compromised as a result of something done by our employees or agents.

Appears in 1 contract

Sources: Business Account Terms

Unauthorised Payments. 14.2.1 If there is a payment from With the E-Money best will in the world, bad things can happen, and it may be payments are set up using your GoCardless Account that you did haven’t authorised – let’s call these ‘unauthorised payments’. If you notice any unauthorised payments on your GoCardless Account that you’ve not authoriseset up, we will let us know straight away. So long as you let us know, and you’ve taken care of your account details, we’ll refund the amount of the amounts charged in relation to any unauthorised payment and, where applicable, restore your E-Money Account to the state it would have been had the unauthorised payment not taken place, subject to the other provisions of payments like this Clause 14. 14.2.2 If we can show that you have acted fraudulently, we will not but won’t be liable to you for unauthorised payments from your E-Money Account. 14.2.3 anything else. If we can show you have been grossly negligent in keeping lost your E-Money Account log-in details or any device used by you to access our Services safedetails, we will not you’ll be liable to us for a total of £50 in relation to each unauthorised payment. However, if you’ve acted fraudulently, or haven’t kept your details secure, there’s no cap on the amount you for owe us in relation to each unauthorised payments from your E-Money Account, unless: payment. 50. You must notify GoCardless without undue delay (aand in any event within 13 months of the execution of the relevant Unauthorised Payment Order) upon becoming aware of any Unauthorised Payment Order by notifying GoCardless by email to ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by phone using the losses have occurred after support contact details provided on the GoCardless Site. 51. Provided that you have notified us about in accordance with clause 50 and subject to clause 53, GoCardless will repay the compromise amount of any sums paid out pursuant to an Unauthorised Payment Order and any related interest and charges but will have no further liability to you. 52. if the Unauthorised Payment Order arose from the use of lost, stolen or misappropriated Account Details and we are required to repay sums in accordance with clause 51 above, you will be liable for a proportion of these sums up to a maximum of £35. Please note that if you are not a Micro-Enterprise then this will not apply to you, meaning that your E-Money Account log-in details or any device used by you to access our Services; (b) we did liability under this clause 52 will not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 be limited. 53. You will be liable for the first £35 to GoCardless for any losses and all losses, costs and expenses suffered or incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; or (b) your E-Money Account log-in details or any device used to access our Services were compromised ▇▇▇▇▇▇▇▇▇▇ as a result of something done by our employees any Unauthorised Payment Order in circumstances where: a. you have acted fraudulently; or agentsb. you have, with intent or gross negligence, failed to comply with your obligations under this Agreement in relation to the security of the Account Details.

Appears in 1 contract

Sources: Merchant Agreement

Unauthorised Payments. 14.2.1 3.2.1 If there is a payment from the E-Money Account that you did not authorise, we will refund the amount of the unauthorised payment and, where applicable, restore your E-E- Money Account to the state it would have been had the unauthorised payment not taken place, subject to the other provisions of this Clause 14.Part C. 14.2.2 3.2.2 If we can show that you have acted fraudulently, we will not be liable to you for unauthorised payments from your E-Money Account. 14.2.3 3.2.3 If we can show you have been grossly negligent in keeping your E-Money Account log-log- in details or any device used by you to access our Services safe, we will not be liable to you for unauthorised payments from your E-Money Account, unless: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 3.2.4 You will be liable for the first £35 for any losses incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; or (b) your E-Money Account log-in details or any device used to access our Services were compromised as a result of something done by our employees or agents. 3.2.5 You should without undue delay notify us (using the details at Clause 12.1) if you become aware of the loss, theft or misuse of your E-Money Account log-in details or any device which you use to access your E-Money Account. 3.2.6 Where we are liable to you under paragraph 3.2, we will refund you the amount of the unauthorised payment as soon as practicable and by no later than the end of the business day after we became aware of the unauthorised payment.

Appears in 1 contract

Sources: Relationship Agreement

Unauthorised Payments. 14.2.1 18.1 You/your authorised users must carefully check all statements and other documents we give to you/your authorised user detailing payments made out of your account. If there is you/your authorised users become aware of any unauthorised payments you/your authorised users must call us without undue delay, and in any event within 13 months after the date the payment was debited from your account by calling us on our freephone fraud prevention number 0800 077 8210. As long as we have no reason to believe you/your authorised users are not entitled to a payment from the E-Money Account that you did not authoriserefund and you/your authorised users notify us in accordance with this condition, we will refund the amount of the unauthorised payment and, where applicable, restore transaction and put your E-Money Account account back to the state position it would have been in, as if the payment had not been made by the unauthorised payment not taken place, subject to end of the other provisions of this Clause 14next business day. 14.2.2 If we can show that you 18.2 However, you/your authorised users will be liable for all payments made from your account(s) if you/your authorised users have, deliberately or carelessly failed to: 18.2.1 use your security details in accordance with these Terms; 18.2.2 notify us without delay in accordance with condition 17.3 on becoming aware of the loss, theft or unauthorised use of your security details; or 18.2.3 take all reasonable steps to keep security details safe. 18.3 Except where you/your authorised users have acted fraudulently, we will you/your authorised users are not be liable to you for unauthorised payments from your E-Money Account. 14.2.3 If we can show you have been grossly negligent in keeping your E-Money Account log-in details or any device used by you to access our Services safe, we will not be liable to you for unauthorised payments from your E-Money Account, unlessresponsible: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 You will be liable for the first £35 18.3.1 for any losses incurred in respect of any unauthorised payment transactions payments arising from after you/your E-Money Account log-authorised users notified us of the loss, theft or unauthorised use of your security details in accordance with condition 17.3; 18.3.2 if we failed to provide you with appropriate means of reporting the loss or theft of the security details; or 18.3.3 where you/your authorised users security details have been used in certain circumstances to buy something online or any device used by you to access our Services being compromised. at a distance. 18.4 You will not may be liable for the first up to a maximum of £35 for unauthorised payments which take place before you/ your authorised users notify us and which arise from the use of losses incurred in respect of unauthorised payment transactions any lost or stolen security details which have become known to someone else. We won’t hold you responsible for up to £35 where: 18.4.1 the loss or theft of you/your authorised users security details was not detectable by you/ your authorised users prior to the payment (a) you could not unless you/your authorised users have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully usedacted fraudulently); or (b) your E-Money Account log-in details 18.4.2 the loss was caused by the acts or any device used to access omissions of our Services were compromised as a result of something done by employees, agents or branches, or an entity which carried out activities on our employees or agentsbehalf.

Appears in 1 contract

Sources: Business Savings Terms and Conditions

Unauthorised Payments. 14.2.1 If there is a payment from the E-Money Account that you did not authorise, we will refund the amount of the unauthorised payment and11.1 Subject to this clause 11, where applicable, restore your E-Money Account to the state it would have been had the an unauthorised payment not taken place, subject to the other provisions of this Clause 14. 14.2.2 If we can show that you have acted fraudulently, we will not be liable to you for unauthorised payments Payment Transaction is made from your E-Money Account. 14.2.3 If we can show Account you have been grossly negligent in keeping your E-Money Account log-in details or any device used by you to access our Services safe, we will not be liable to you for unauthorised payments from your E-Money Account, unless: (a) the losses have occurred after you have notified us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (b) we did not provide you with a means of notifying us about the compromise of your E-Money Account log-in details or any device used by you to access our Services; (c) we were obliged to apply strong customer authentication when the unauthorised payment transaction was carried out and failed to do so; or (d) you made the payment in connection with an online or "distant" purchase of goods or services where you have not come into face to face contact with the payment recipient or the provider of the goods or services prior to entering into a legally binding agreement with them, unless the type of contract does not attract distance selling protections. 14.2.4 You will only be liable for the first up to a maximum of £35 for any losses incurred in respect of unauthorised payment transactions arising from your E-Money Account log-in details or any device used by you to access our Services being compromised. You will not be liable for the first £35 of losses incurred in respect of unauthorised payment transactions where: (a) you could not have known that your E-Money Account log-in details or any device used by you to access our Service had been compromised by the time they were wrongfully used; or (b) your E-Money Account log-in details or any device used to access our Services were compromised as a result of something done unauthorised Payment Transactions arising: 11.1.1 from the use of your Authentication Instrument when these have been lost or stolen; or 11.1.2 where you have failed to keep your Authentication Instrument safe. 11.2 You shall not bear any liability for unauthorised Payment Transaction in cases where: 11.2.1 the damage was caused by our action or inaction (including that of our employees and / or agents); 11.2.2 the loss, theft or misappropriation of the Authentication Instrument was not detectable by you prior to the Payment Transaction; 11.3 Except where you have acted fraudulently, you shall not bear any liability for unauthorised Payment Transaction in cases where: 11.3.1 We have not enabled you to notify us in accordance with clause 4.4; 11.3.2 you have already notified us of the loss, theft or misappropriation of the Authentication Instrument; 11.3.3 we do not require strong customer authentication in circumstances where it should have been required; and / or 11.3.4 the Authentication Instrument have been used in connection with a distance contract (for example, an online purchase). 11.4 You will bear full liability for any unauthorised Payment Transactions in cases where: 11.4.1 you have committed fraud; or 11.4.2 you have intentionally or due to gross negligence breached one or several of the obligations regarding the keeping of Authentication Instrument safe as stipulated in the Agreement; or 11.4.3 you have intentionally or due to gross negligence failed to notify us in accordance with clause 19 without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the Authentication Instrument, or, in any event, (a) if you are an Individual or Micro Enterprise, more than 13 months after the day on which your E-Wallet was debited in relation to the unauthorised Payment Transaction;

Appears in 1 contract

Sources: Terms of Use Agreement