Common use of Withdrawals, etc Clause in Contracts

Withdrawals, etc. made using stolen cards (1) If all of the following requirements are satisfied, where a card is stolen and unjustly used by a third party for withdrawals, you may ask the Bank to compensate you for an amount equivalent to the loss (including fees and interest) incurred by you due to the unjust withdrawal. ① You notified the Bank of the theft promptly after you noticed it. ② You provided sufficient explanations for the Bank to look into the matter. ③ You provided the Bank with materials showing that you notified the police of the theft or that convince the Bank of the fact of the theft. (2) When a request is made under the preceding Paragraph, except for cases of withdrawal by your willful misconduct, the Bank shall compensate you for the amount equivalent to the loss (including fees and interest) with respect to withdrawals made since the day 120 days before the notification of the theft to the Bank (hereinafter referred to as the “Compensation Amount”) (however, if you prove that there was a reasonable cause preventing immediate notification to the Bank, the number of days when such a cause was continuing shall be added to the said 120 days). However, if the Bank proves that the Bank was in good faith, without any negligence, and that you were negligent, the Bank shall compensate you for three fourths of the Compensation Amount. (3) The provisions of the preceding two Paragraphs shall not be applied if the notification under Paragraph (1) is made after a lapse of two years from the date of the theft (when the date of the theft is unknown, the date of the first unjust withdrawal from a savings deposit using the stolen card with respect to the subject theft). (4) Notwithstanding the provisions in Paragraph (2) above, when the Bank proves that the case falls under any one of the following, the Bank shall not assume any responsibility to compensate under this Article. ① With respect to the subject withdrawal, the Bank is in good faith, without any negligence, and the case falls under any one of the following categories. A. The Bank proves that you have committed gross negligence. B. The unjust withdrawal is made by your spouse, your relative in the first or second degree, anyone living with you, or your domestic helper (housekeeper engaged in housework in general, etc.) C. In explaining the damage conditions to the Bank, you provided the Bank with materially false explanations. ② The card was stolen making use of or accompanying an unusual social disorder caused by war, social disruption, etc.

Withdrawals, etc. made using stolen cards (1) If all of the following requirements are satisfied, where a card is stolen and unjustly used by a third party for withdrawals, you may ask the Bank to compensate you for an amount equivalent to the loss (including fees and interest) incurred by you due to the unjust withdrawal. ① You notified the Bank of the theft promptly after you noticed it. ② You provided sufficient explanations for the Bank to look into the matter. ③ You provided the Bank with materials showing that you notified the police of the theft or that convince the Bank of the fact of the theft. (2) When a request is made under the preceding Paragraph, except for cases of withdrawal by your the account holders willful misconduct, the Bank shall compensate you the account holders for the amount equivalent to the loss (including fees and interest) with respect to withdrawals made since the day 120 days before the notification of the theft to the Bank (hereinafter referred to as the “Compensation Amount”) (however, if you the account holders prove that there was a reasonable cause preventing immediate notification to the Bank, the number of days when such a cause was continuing shall be added to the said 120 days). However, if the Bank proves that the Bank was in good faith, without any negligence, and that you the account holders were negligent, the Bank shall compensate you the account holders for three fourths of the Compensation Amount. (3) The provisions of the preceding two Paragraphs shall not be applied if the notification under Paragraph (1) is made after a lapse of two years from the date of the theft (when the date of the theft is unknown, the date of the first unjust withdrawal from a savings deposit using the stolen card with respect to the subject theft). (4) Notwithstanding the provisions in Paragraph (2) above, when the Bank proves that the case falls under any one of the following, the Bank shall not assume any responsibility to compensate under this Article. ① With respect to the subject withdrawal, the Bank is in good faith, without any negligence, and the case falls under any one of the following categories. A. The Bank proves that you the account holders have committed gross negligence. B. The unjust withdrawal is made by your the account holder’s spouse, your the account holder’s relative in the first or second degree, anyone living with youthe account holders, or your the account holder’s domestic helper (housekeeper engaged in housework in general, etc.) C. In explaining the damage conditions to the Bank, you the account holders provided the Bank with materially false explanations. ② The card was stolen making use of or accompanying an unusual social disorder caused by war, social disruption, etc.