Unauthorized Transactions. 11.1. You must notify the Platform Provider of unauthorized transactions. You must notify the Platform Provider immediately and no later than seven (7) days from the date of the transaction date. 11.2. When will we not make a refund? We will not make a full refund and you will be responsible for the unauthorized transactions, in the following circumstances: (a) you have acted fraudulently, or we have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund; (b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1; (c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified; (d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or (e) the Nium Account was misappropriated (i.e., used by someone else). 11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms. 11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e., extremely carelessly), we may debit from your bank account for such sums in accordance with Section 8.3 of the ACH Debit Authorization Agreement. We also may issue a request for immediate repayment. .
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Unauthorized Transactions. 11.15.1. You must notify Us of any unauthorized Transactions through our Card Services number without undue delay and in any event no later than six months (6) months of the Platform Provider of unauthorized transactionsTransaction debit date. We will request that You provide additional written information concerning any such Transaction and You must comply with such request.
5.2. You will be liable for all losses in respect of the Card if you have (i) acted fraudulently; (ii) failed to use the Card in accordance with the Agreement; (iii) have failed to notify Us without undue delay on becoming aware of the loss, theft or misuse of the Card; or (iv) have failed to take all reasonable steps to keep the Card’s security features safe.
5.3. Where You are not liable for an unauthorized Transaction, we will refund the value of that Transaction and will have no further liability to you for any other losses You may suffer. If Our investigations conclude that the Transaction you have disputed has been authorized by You, or on Your behalf, or You have acted fraudulently, We will not refund the value of the Transaction.
5.4. You should check your Transaction history regularly. If you notice an error or a card Transaction that You do not recognise, you must notify the Platform Provider immediately tell us as soon as possible and no later than seven (72) days months from the date of the transaction Transaction debit date.
11.2. When will we not make a refund? We may also ask for additional information to help us investigate. We will not make a full refund and you will be responsible for the unauthorized transactions, in the following circumstances:
(a) you any unauthorised Transaction if we think that: ● You have acted fraudulently, or we ● You have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e.failed to use the card in accordance with these Terms and Conditions, extremely carelessly)● You have intentionally or with gross negligence failed to take reasonable steps to keep the personalised security details safe, or ● You have failed to notify us without undue delay. Even if we have refunded you for any unauthorised Transaction, we may debit later deduct the amount refunded from your bank account for such sums in accordance with Section 8.3 of card if we conclude after further investigation that you authorised the ACH Debit Authorization Agreement. We also may issue Transaction or you were not entitled to a request for immediate repayment. refund or you acted fraudulently.
Appears in 2 contracts
Samples: Card Terms and Conditions, Card Terms and Conditions
Unauthorized Transactions. 11.1If you discover a Check forgery, alteration or other unauthorized transaction involving your Account, you must promptly notify us in writing of the relevant facts at the address in the subsection titled “How to Contact Us” in the section titled “General Account Information” in this agreement. You must notify agree to maintain a current Account register and to carefully and promptly review all statements and notices we send to you. If you participate in our Check safekeeping service, your statements will be deemed to provide sufficient information about your Checks and other transactions for you to determine whether any are forged, altered or unauthorized if the Platform Provider statements provide you with the Check number, amount and date of unauthorized transactionspayment. You must are in the best position to discover and report any unauthorized debit to your Account. If you fail to notify the Platform Provider immediately and no later than seven us within a reasonable time (7not exceeding 21 days) days from the date of the transaction date.
11.2. When will an unauthorized signature, alteration, forgery, counterfeit Check or other unauthorized debit to your Account, we not make a refund? We will not make a full refund and you will be responsible for subsequent unauthorized non-ACH transactions by the same wrongdoer. Without regard to care or lack of care of either you or us, if you do not discover and report any such unauthorized transaction within 60 days after your statement, transaction information or the Item is made available to you, you are precluded from asserting the unauthorized transactions, in transaction against us. If you fail to notify us within 24 hours of the following circumstances:
(a) you have acted fraudulently, or we have good reasons Posting of an unauthorized ACH debit to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulentlyyour Account, we will immediately issue not be responsible for subsequent unauthorized transactions by the same wrongdoer. Without regard to care or lack of care of either you or us, if you do not discover and report any such unauthorized ACH debit transaction within a full refund;
reasonable time (bnot exceeding 14 days) we after your statement, transaction information or the Item is made available to you, you are not notified by precluded from asserting the unauthorized transaction against us. If you about the claim a credit or refund because of an unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you agree to provide us with supporting a declaration containing whatever reasonable information we require regarding your Account, the transaction and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purposethe circumstances surrounding the claimed loss. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via make a report to the Platform or Platform Provider as evidence of authorization of the payment, police and in this case you will need to provide us with evidence a copy of the report, upon request. We will have a reasonable period of time to show that investigate the transaction was not authorized in accordance with these Terms.
11.4circumstances surrounding any claimed loss. Can we take back the refund? If, as a result of During our investigation, we discover will have no obligation to provisionally credit your Account, unless otherwise required by law. Our maximum liability will never exceed the amount of actual damages proven by you. Our liability will be reduced: (a) by the amount of the loss that is caused by your own negligence or lack of care; (b) to the transaction was authorized appropriately extent that damages could not have been avoided by our exercise of ordinary care; and executed (c) by us correctly, or any loss recovery that you have acted fraudulently or that you have acted intentionally or with gross negligence obtain from third parties (i.e., extremely carelessly), we may debit from your bank account for such sums apportioned in accordance with Section 8.3 this provision). We will not be liable for any loss that is caused in part by your negligence if we acted with ordinary care. Unless otherwise required by law, we will not be liable for incidental, special or consequential damages, including loss of profits and/or opportunity, or for attorneys’ fees incurred by you, even if we were aware of the ACH possibility of such damages. If you have a Bank of Hawaii Visa® Debit Authorization Card for Business, or Business BankCard, please see your card agreement in connection with your responsibility for unauthorized Automated Teller Machine and point-of-sale transactions. The provisions set forth for consumers on the back of the periodic statements do not apply to business Accounts. You agree to pursue all rights you may have under any insurance policy you maintain in connection with any loss associated with your Account and to provide us with information regarding coverage. Our liability will be reduced, proportionately in accordance with our responsibility for any loss, by the amount of any insurance proceeds you receive or are entitled to receive for the loss. If we reimburse you for a loss and the loss is covered by insurance, you agree to assign us your rights under the insurance policy to the extent of our reimbursement, in accordance with this provision. Different liability rules may apply to certain Electronic Fund Transfers. For more information see the “e-Bankoh Mobile Banking Services Agreement. We also may issue a request for immediate repayment. .”
Appears in 2 contracts
Samples: Business Deposit Account Agreement, Business Deposit Account Agreement
Unauthorized Transactions. 11.1. You must notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the Platform Provider loss or misappropriation, you can lose no more than $50. If you do not tell us within two (2) business days of unauthorized transactionsdiscovering the loss or misappropriation, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must notify the Platform Provider immediately and hear from you no later than seven sixty (760) days from after we have sent the first statement on which the problem or error appeared (if you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for circumstances that were beyond your control. When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the transaction date.
11.2. When will we not make a refund? We will not make a full refund and you will be responsible for the unauthorized case of point of sale or international transactions, in the following circumstances:
(a) you have acted fraudulently, or after we have good reasons to believe you have acted fraudulentlyhear from you. However, if our investigation reveals that we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If you have fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not acted fraudulentlycredit your account. If you confirm an error, we will immediately issue a full refund;
correct your account record within ten (b10) we are not notified by you about the unauthorized transactionbusiness days, or twenty (20) business days in the case of point of sale or international transactions. If we are notified determine that there was no error, we will send you a written explanation within three (3) business days after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Accountdocuments that we use in our investigation. You will E-mail transmissions may not be responsible for all transactions that occurred before the date when secure. Any e-mail you notify send us and we will not issue may be intercepted by a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised third party outside the security of the Nium Accountwebsite. Therefore, we urge you to not send us sensitive information such as account numbers, User Name or Password by using a public e-mail system. Once you have entered our online banking system, your information is routed through a secure server. Use e-mail to contact us about our products and services, and one of our customer service people will be in contact with you. Finally, please be aware that any electronic mail you send us will become our property and retained for future reference. Clarkson Bank will not send an e-mail requesting any personal information, account numbers, or fail passwords from you. Information that Clarkson Bank publishes on the World Wide Web may contain links to use other sites and third parties may establish links to Clarkson Bank’s site. Clarkson Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Clarkson Bank does not endorse the Pay In products or Pay Out services offered by any company or person linked to this site nor is Clarkson Bank responsible for any software or the Nium Account in accordance with these Terms; or
(e) content of any information published on the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate site of any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purposethird party. You also agree should take precautions when downloading files from sites to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, protect your computer software and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Termsdata from viruses and other destructive programs.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e., extremely carelessly), we may debit from your bank account for such sums in accordance with Section 8.3 of the ACH Debit Authorization Agreement. We also may issue a request for immediate repayment. .
Appears in 1 contract
Samples: Online Banking Agreement
Unauthorized Transactions. 11.1You should notify us immediately if you believe anyone has improperly obtained your PIN or if you suspect any fraudulent activity in your account(s). If your PIN has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the xxxx payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must notify the Platform Provider of unauthorized transactions. You must notify the Platform Provider immediately and hear from you no later than seven sixty (760) days from after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays. When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a xxxx payment, tell us the number of the account used to pay the xxxx, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the transaction date.
11.2. When will we not make a refund? We will not make a full refund and you will be responsible for the unauthorized case of point of sale or international transactions, in the following circumstances:
(a) you have acted fraudulently, or after we have good reasons to believe you have acted fraudulentlyhear from you. However, if our investigation reveals we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not acted fraudulentlycredit your account. If we confirm an error, we will immediately issue a full refund;
correct your account record within ten (b10) we are not notified by you about the unauthorized transactionbusiness days, or twenty (20) business days in the case of point of sale or international transaction. If we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notifieddetermine that there was no error, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue send you a refund for any unauthorized transactions that occurred before written explanation within three (3) business days after we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with conclude our investigation and you agree will debit any interim amounts credited to cooperate with us and provide to us all information and documentation we reasonably require for this purposeyour account. You also agree to cooperate with may request copies of any authorities involved documents that we use in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e., extremely carelessly), we may debit from your bank account for such sums in accordance with Section 8.3 of the ACH Debit Authorization Agreement. We also may issue a request for immediate repayment. .
Appears in 1 contract
Samples: Internet Banking Agreement
Unauthorized Transactions. 11.15.1. You must notify us of any unauthorized Transactions through our Card Services number without undue delay and in any event no later than six months (6) months of the Platform Provider of unauthorized transactionsTransaction debit date. We will request that you provide additional written information concerning any such Transaction and you must comply with such request.
5.2. You will be liable for all losses in respect of the Card if you have (i) acted fraudulently; (ii) failed to use the Card in accordance with the Agreement; (iii) have failed to notify us without undue delay on becoming aware of the loss, theft or misuse of the Card; or (iv) have failed to take all reasonable steps to keep the Card’s security features safe.
5.3. Where you are not liable for an unauthorized Transaction, we will refund the value of that Transaction and will have no further liability to you for any other losses you may suffer. If Our investigations conclude that the Transaction you have disputed has been authorized by you, or on your behalf, or you have acted fraudulently, we will not refund the value of the Transaction.
5.4. You should check your Transaction history regularly. If you notice an error or a card Transaction that you do not recognise, you must notify the Platform Provider immediately tell us as soon as possible and no later than seven (72) days months from the date of the transaction Transaction debit date.
11.2. When will we not make a refund? We may also ask for additional information to help us investigate. We will not make a full refund and you will be responsible for the unauthorized transactions, in the following circumstances:
(a) any unauthorised Transaction if we think that: ● you have acted fraudulently, or we have good reasons to believe ● you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e.failed to use the card in accordance with these Terms and Conditions, extremely carelessly)● you have intentionally or with gross negligence failed to take reasonable steps to keep the personalised security details safe, or ● you have failed to notify us without undue delay. Even if we have refunded you for any unauthorised Transaction, we may debit later deduct the amount refunded from your bank account for such sums in accordance with Section 8.3 of card if we conclude after further investigation that you authorised the ACH Debit Authorization Agreement. We also may issue Transaction or you were not entitled to a request for immediate repayment. refund or you acted fraudulently.
Appears in 1 contract
Samples: General Terms and Conditions
Unauthorized Transactions. 11.120.1. Under the payment system’s operating rules, unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transaction using your lost or stolen card. You must notify us within two (2) business days of the Platform Provider transaction at issue in order to take advantage of unauthorized transactionsany such limited liability provisions.
20.2. You must agree to safeguard your Card against unauthorized use by taking all reasonable precautions. If you believe that someone has made an unauthorized transaction with your Card (or may attempt to use your Card without permission) or you believe an error has occurred with your Card, you agree to notify the Platform Provider us immediately by xxxxxxx@xxxxxx.xxx and in no event later than seven (7) days from of the date of the transaction date.
11.2at issue. When will you notify us, you must provide your name, Card number, and other identifying details and describe the error or transaction you are unsure about. We cannot assist you if you do not have the Card number. Once we not make a refund? We will not make a full refund receive your notification, we may temporarily freeze your Card Account and you will be responsible block your Card for security purposes. In the event of the actual or suspected unauthorized transactions, in the following circumstances:
(a) you have acted fraudulently, or we have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulentlyuse, we will immediately cancel your Card, and if our records show that available funds remain on your Card, we will issue you a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues replacement Card loaded with the Nium Account and/or your Platform, about remaining value. We reserve the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when right to decline to issue you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account replacement Card in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3Applicable Law at our sole discretion. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you You agree to cooperate assist us in determining the facts relating to any possible unauthorized use or error associated with us your Card and provide to us all information and documentation comply with the procedures we reasonably may require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of Following our investigation, if we discover determine that the transaction was authorized appropriately and executed by us correctly, unauthorized use or that you have acted fraudulently or that you have acted intentionally or an error has occurred with gross negligence (i.e., extremely carelessly)your Card, we may debit from will credit your bank account for such sums Card in accordance with Section 8.3 the amount of the ACH Debit Authorization Agreementunauthorized use or error. We also It may issue take up to thirty (30) days to provide you with a request for immediate repayment. replacement card.
Appears in 1 contract
Samples: Terms of Use
Unauthorized Transactions. 11.15.1. You must notify Us of any unauthorized Transactions through our Card Services number without undue delay and in any event no later than six months (6) months of the Platform Provider of unauthorized transactionsTransaction debit date. We will request that You provide additional written information concerning any such Transaction and You must comply with such request.
5.2. You will be liable for all losses in respect of the Card if you have (i) acted fraudulently; (ii) failed to use the Card in accordance with the Agreement; (iii) have failed to notify Us without undue delay on becoming aware of the loss, theft or misuse of the Card; or (iv) have failed to take all reasonable Card Member Terms and Conditions (v.1.0) steps to keep the Card’s security features safe.
5.3. Where You are not liable for an unauthorized Transaction, we will refund the value of that Transaction and will have no further liability to you for any other losses You may suffer. If Our investigations conclude that the Transaction you have disputed has been authorized by You, or on Your behalf, or You have acted fraudulently, We will not refund the value of the Transaction.
5.4. You should check your Transaction history regularly. If you notice an error or a card Transaction that You do not recognise, you must notify the Platform Provider immediately tell us as soon as possible and no later than seven (72) days months from the date of the transaction Transaction debit date.
11.2. When will we not make a refund? We may also ask for additional information to help us investigate. We will not make a full refund and you will be responsible for the unauthorized transactions, in the following circumstances:
(a) you any unauthorised Transaction if we think that: • You have acted fraudulently, or we • You have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e.failed to use the card in accordance with these Terms and Conditions, extremely carelessly)• You have intentionally or with gross negligence failed to take reasonable steps to keep the personalised security details safe, or • You have failed to notify us without undue delay. Even if we have refunded you for any unauthorised Transaction, we may debit later deduct the amount refunded from your bank account for such sums in accordance with Section 8.3 of card if we conclude after further investigation that you authorised the ACH Debit Authorization Agreement. We also may issue Transaction or you were not entitled to a request for immediate repayment. refund or you acted fraudulently.
Appears in 1 contract
Samples: Card Terms and Conditions
Unauthorized Transactions. 11.120.1. Under the payment system’s operating rules, unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transaction using your lost or stolen card. You must notify us within two (2) business days of the Platform Provider transaction at issue in order to take advantage of unauthorized transactionsany such limited liability provisions.
20.2. You must agree to safeguard your Card against unauthorized use by taking all reasonable precautions. If you believe that someone has made an unauthorized transaction with your Card (or may attempt to use your Card without permission) or you believe an error has occurred with your Card, you agree to notify the Platform Provider us immediately by xxxxxxx@xxxxxx.xxx and in no event later than seven (7) days from of the date of the transaction date.
11.2at issue. When will we not make a refund? We will not make a full refund you notify us, you must provide your name, Card number and you will be responsible for other identifying details, and describe the unauthorized transactions, in the following circumstances:
(a) you have acted fraudulently, error or we have good reasons to believe you have acted fraudulently. However, if our investigation reveals transaction that you are unsure about. We cannot assist you if you do not have not acted fraudulentlythe Card number. Once we receive your notification, we may temporarily freeze your Card Account and block your Card for security purposes. In the event of the actual or suspected unauthorized use, we will immediately cancel your Card, and if our records show that available funds remain on your Card, we will issue you a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues replacement Card loaded with the Nium Account and/or your Platform, about remaining value. We reserve the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when right to decline to issue you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account replacement Card in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3Applicable Law at our sole discretion. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you You agree to cooperate assist us in determining the facts relating to any possible unauthorized use or error associated with us your Card, and provide to us all information and documentation comply with the procedures we reasonably may require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of Following our investigation, if we discover determine that the transaction was authorized appropriately and executed by us correctly, unauthorized use or that you have acted fraudulently or that you have acted intentionally or an error has occurred with gross negligence (i.e., extremely carelessly)your Card, we may debit from will credit your bank account for such sums Card in accordance with Section 8.3 the amount of the ACH Debit Authorization Agreementunauthorized use or error. We also It may issue take up to thirty (30) days to provide you with a request for immediate repayment. replacement card.
Appears in 1 contract
Samples: Terms of Use
Unauthorized Transactions. 11.1You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the xxxx payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must notify the Platform Provider of unauthorized transactions. You must notify the Platform Provider immediately and hear from you no later than seven sixty (760) days from after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays. When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a xxxx payment, tell us the number of the account used to pay the xxxx, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the transaction date.
11.2. When will we not make a refund? We will not make a full refund and you will be responsible for the unauthorized case of point of sale or international transactions, in the following circumstances:
(a) you have acted fraudulently, or after we have good reasons to believe you have acted fraudulentlyhear from you. However, if our investigation reveals we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not acted fraudulentlycredit your account. If we confirm an error, we will immediately issue a full refund;
correct your account record within ten (b10) we are not notified by you about the unauthorized transactionbusiness days, or twenty (20) business days in the case of point of sale or international transaction. If we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notifieddetermine that there was no error, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation of the Pay In or Pay Out services or the Nium Account. You will be responsible for all transactions that occurred before the date when you notify us and we will not issue send you a refund for any unauthorized transactions that occurred before written explanation within three (3) business days after we were notified;
(d) you and/or Nium Account user deliberately, or with gross negligence (i.e., extremely carelessly), compromised the security of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else).
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with conclude our investigation and you agree will debit any interim amounts credited to cooperate with us and provide to us all information and documentation we reasonably require for this purposeyour account. You also agree to cooperate with may request copies of any authorities involved documents that we use in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show that the transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed by us correctly, or that you have acted fraudulently or that you have acted intentionally or with gross negligence (i.e., extremely carelessly), we may debit from your bank account for such sums in accordance with Section 8.3 of the ACH Debit Authorization Agreement. We also may issue a request for immediate repayment. .
Appears in 1 contract
Samples: E Banking Agreement
Unauthorized Transactions. 11.1If you think a processed Transaction is unauthorised or has been incorrectly executed, you must notify WorldSec immediately via email at xxxxxxx@xxxxxxxxxxx.xxx. We will investigate the circumstances, and, if you ask WorldSec to, will make efforts to trace the Transaction immediately and will notify you of the outcome. If you believe that you did not authorise a particular Transaction, or that a Transaction or deduction was incorrectly executed:
10.1 You must notify the Platform Provider of unauthorized transactions. You must notify the Platform Provider immediately and no later than seven contact us without undue delay (7) days from the date i.e. as soon as you become aware of the transaction date.
11.2problem). When will we not make a refund? We will not make a full refund and be held liable for any Transaction that was unauthorised or incorrectly executed if you will have failed to contact us without undue delay – in these circumstances you may be responsible held liable for the unauthorized transactions, in the following circumstances:
(a) you have acted fraudulently, or we have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation entire loss of the Pay In or Pay Out services or the Nium AccountTransaction. You will be responsible for all transactions that occurred before should also describe the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberatelydisputed Transaction in writing, or with gross negligence (i.e., extremely carelessly), compromised the security setting out full details of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else)Transaction and your reason for disputing it.
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to 10.2 You must provide us with supporting all receipts and information and documentation that are relevant to help your claim. Subject to you notifying us with our investigation and without undue delay, we shall refund to you agree to cooperate with us and provide to us all information and documentation the amount of any Transaction not authorised by you immediately. If we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show subsequently establish that the transaction Transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed authorised by us correctlyyou, or that you have acted fraudulently or that have with intent or gross negligence failed to keep your Account’s security details safe, we may deduct the amount of the Transaction from your Account balance. If you do not have sufficient Account balance for the deduction, you must repay us the amount immediately on demand. If you have acted intentionally fraudulently or have with intent or gross negligence (i.e.failed to keep your Account security details safe, extremely carelessly)you will also be liable for all losses we suffer in connection with the unauthorised Transaction, including but not limited to the cost of any investigation we may debit from your bank account for such sums carry out in accordance with Section 8.3 of relation to the ACH Debit Authorization Agreement. We also may issue a request for immediate repayment. Transaction.
Appears in 1 contract
Samples: Terms & Conditions
Unauthorized Transactions. 11.1If you think a processed Transaction is unauthorised or has been incorrectly executed, you must notify WorldSec immediately via email at xxxxxx@xxxxxxxxx.xxxxxxx. We will investigate the circumstances, and, will make efforts to trace the Transaction immediately per your request and will notify you about the result. If you believe that you did not authorise a particular Transaction, or that a Transaction or deduction was incorrectly executed:
10.1 You must notify the Platform Provider of unauthorized transactions. You must notify the Platform Provider immediately and no later than seven contact us without undue delay (7) days from the date i.e. as soon as you become aware of the transaction date.
11.2problem). When will we not make a refund? We will not make a full refund and be held liable for any Transaction that was unauthorised or incorrectly executed if you will have failed to contact us without undue delay – in these circumstances you may be responsible held liable for the unauthorized transactions, in the following circumstances:
(a) you have acted fraudulently, or we have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund;
(b) we are not notified by you about the unauthorized transaction, or we are notified after the applicable Notification Deadline specified in Section 11.1;
(c) we are not notified, or are notified late of any security issues with the Nium Account and/or your Platform, about the loss, theft or misappropriation entire loss of the Pay In or Pay Out services or the Nium AccountTransaction. You will be responsible for all transactions that occurred before should also describe the date when you notify us and we will not issue a refund for any unauthorized transactions that occurred before we were notified;
(d) you and/or Nium Account user deliberatelydisputed Transaction in writing, or with gross negligence (i.e., extremely carelessly), compromised the security setting out full details of the Nium Account, or fail to use the Pay In or Pay Out services or the Nium Account in accordance with these Terms; or
(e) the Nium Account was misappropriated (i.e., used by someone else)Transaction and your reason for disputing it.
11.3. We may investigate unauthorized and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorized or executed incorrectly. We may ask you to 10.2 You must provide us with supporting all receipts and information and documentation that are relevant to help your claim. Subject to you notifying us with our investigation and without undue delay, we shall refund to you agree to cooperate with us and provide to us all information and documentation the amount of any Transaction notauthorised by you immediately. If we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation. We will treat any payment instruction given via the Platform or Platform Provider as evidence of authorization of the payment, and in this case you will need to provide us with evidence to show subsequently establish that the transaction Transaction was not authorized in accordance with these Terms.
11.4. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorized appropriately and executed authorised by us correctlyyou, or that you have acted fraudulently or that have with intent or gross negligence failed to keep your Account’s security details safe, we may deduct the amount of the Transaction from your Account balance. If you do not have sufficient Account balance for the deduction, you must repay us the amount immediately on demand. If you have acted intentionally fraudulently or have with intent or gross negligence (i.e.failed to keep your Account security details safe, extremely carelessly)you will also be liable for all losses we suffer in connection with the unauthorised Transaction, including but not limited to the cost of any investigation we may debit from your bank account for such sums carry out in accordance with Section 8.3 of relation to the ACH Debit Authorization Agreement. We also may issue a request for immediate repayment. Transaction.
Appears in 1 contract
Samples: Terms and Conditions Agreement