Common use of ERRORS AND UNAUTHORISED TRANSACTIONS Clause in Contracts

ERRORS AND UNAUTHORISED TRANSACTIONS. 13.1. The Company recognizes that unauthorised or erroneous transactions may occur and stresses the importance of monitoring your account on a regular basis by accessing the transaction history segment and reviewing the transactions listed (you undertake to immediately examine every SMS notification received from us and examine the list of transactions in the beginning of every month for the previous calendar month). Should you suspect or believe that there was unauthorised activity in your account and that potentially one of the below instances occurred, you must immediately (but no later than 13 months after the debit date) inform the Company to take all necessary remedial actions. The list may not be exhaustive. 13.1.1. Your account has been accessed by another person with no authorisation for such access; 13.1.2. Your account was used for a transaction you did not authorize; 13.1.3. Your password has been compromised; You are also expected to immediately (but no later than 13 months after the debit date) inform the Company of any erroneous transaction that may have taken place relating to your account, in order for the Company to investigate the cause of the error and take remedial action as necessary. For as long as the Company is content with the justifications provided in relation to the unauthorised use, the Company will not hold you liable for the unauthorised transaction. It will however, exercise its legal rights and hold you fully liable when the Company deems that you tried to defraud by acting in deliberate fashion in granting access to a third person by willingly providing or “unintentionally” exposing your login information to that person. The Company will also hold you responsible and liable when it evidently realizes that either with gross negligence, or intent, you fail to comply with the obligations stemming out of this Agreement and its Terms and Conditions. 13.2. The most immediate way to contact the Company is by reaching the Company’s customer Support representatives at the telephone number shown on the Company’s website(s), or by completing and submitting the online form found on the Company’s website, or alternatively contacting one of its members by sending an email to ▇▇▇▇@▇▇▇▇▇▇.▇▇▇ with the subject heading “Erroneous Transaction” or “Unauthorised Transaction”. Although all telephone incidents are recorded, Company requires you to also submit a written record of the incident providing the Company with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed to the same address referenced in this section and with the same subject heading options. You are expected to reasonably assist the Company and you agree that certain information you provide may be provided to a third party relevant to the case in hand always in accordance with the Company’s Policies. 13.3. The Company will review the reports submitted and revert with the investigation results within 15 (fifteen) working days from the day the notice is initially provided by the User. If the initial notification is made by telephone, the notice day will be defined as the day the written notice was submitted to the Company. Depending on the complexity of the investigation, the Company may take up to an additional 3 (three) months to further investigate the report before coming to a conclusion. The Company will try to remedy any error caused by its actions almost immediately to enable its User unobstructed use of the account. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the Company’s system and sending it to you and will include the result of the investigation and an explanation of the findings that led to the final result. In the event that the Company provisionally treated a transaction as erroneous and credited your account with the relevant balance, and the investigation resulted in “no error”, the Company will have the right to debit your account for the same amount as if the transaction was never reported as erroneous. Those Users who reported an error can request copies of the material that was used for the investigation. 13.4. The liability of any unauthorised transactions that evidence does not suggest that there has been any fraudulent, deliberate or gross negligent action or behavior by the User, will fall on the Company. In such cases the User will receive full reimbursement of the amount relevant to the reported unauthorised transaction(s) from the User’s account. Users will be entitled to such reimbursement only if they report such unauthorised transaction incidents to the Company within one calendar year from the date the first unauthorised transaction incident was executed. Where the reported incident demands further investigation, the Company will follow the process described in section 13.3 above. 13.5. The Company’s Users are entitled to a refund of the full amount of any authorised payment transaction whether the transaction was initiated through the Company’s system, through a merchant’s website or other third party, provided that any conditions that make the User eligible for such a refund are met. 13.6. The Company will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your account was erroneously credited with less money than you were entitled, the Company will credit the difference in your account. If the opposite occurs and your account is credited with more money than it should, the Company will debit your account for the difference. The Company will be liable to refund any transaction that has resulted in either not being of correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless: 13.6.1. You did not have sufficient funds in your account to conclude the transaction and the cause of this insufficiency was not the Company; 13.6.2. You tried to execute the transactions at a time that it was known to users that the Company’s system was not properly functioning, either due to maintenance or unresolved technical issues; or 13.6.3. Because of circumstances beyond the Company’s control (such as acts of God or any technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary. The Company will not be liable for any such incomplete/failed transactions unless a User reports such incomplete/failed transaction to the Company within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to the Company.

Appears in 4 contracts

Sources: User Agreement, User Agreement, User Agreement

ERRORS AND UNAUTHORISED TRANSACTIONS. 13.116.1. The Company Oro Pay recognizes that unauthorised unauthorized or erroneous transactions may occur and stresses the importance of monitoring your account on a regular basis by accessing the transaction history segment and reviewing the transactions listed (you undertake to immediately examine every SMS notification received from us and examine the list of transactions in the beginning of every month for the previous calendar month)listed. Should you suspect or believe that there was unauthorised unauthorized activity in your account and that potentially one of the below instances occurred, you must immediately (but no later than 13 months after the debit date) inform the Company Oro Pay to take all necessary remedial actions. The list may not be exhaustive. 13.1.116.1.1. Your account has been accessed by another person with no authorisation authorization for such access; 13.1.216.1.2. Your account was used for a transaction you did not authorize; 13.1.316.1.3. Your password has been compromised; ; 16.2. You are also expected to immediately (but no later than 13 months after the debit date) inform the Company Oro Pay of any erroneous transaction that may have taken place relating to your account, in order for the Company Oro Pay to investigate the cause of the error and take remedial action as necessary. For as long as the Company Oro Pay is content with the justifications provided in relation to the unauthorised unauthorized use, the Company Oro Pay will not hold you liable for the unauthorised unauthorized transaction. It will however, exercise its legal rights and hold you fully liable when the Company deems that you tried to defraud by acting in deliberate fashion in granting access to a third person by willingly providing or “unintentionally” exposing your login information to that person. The Company Oro Pay will also hold you responsible and liable when it evidently realizes that either with gross negligence, or intent, you fail to comply with the obligations stemming out of this Agreement and its Terms terms and Conditionsconditions. 13.216.3. The most immediate way to contact the Company Oro Pay is by reaching the Company’s customer Support Oro Pay Client Service representatives at the telephone number shown on the Company’s Oro Pay website(s), or by completing and submitting the online form found on the Company’s Oro Pay website, or alternatively contacting one of its members by sending an email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ with the subject heading “Erroneous Transactiontransaction” or “Unauthorised Unauthorized Transaction”. Although all telephone incidents are recorded, Company Oro Pay requires you to also submit a written record of the incident providing the Company Oro Pay with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed to the same address referenced in this section and with the same subject heading options. You are expected to reasonably assist the Company Oro Pay and you agree that certain information you provide may be provided to a third party relevant to the case in hand always in accordance with the Company’s PoliciesOro Pay Privacy Policy. 13.316.4. The Company Oro Pay will review the reports submitted and revert with the investigation results within 15 (fifteen) working days from the day the notice is initially provided by the UserClient. If the initial notification is made by telephone, the notice day will be defined as the day the written notice was submitted to the CompanyOro Pay. Depending on the complexity of the investigation, the Company Oro Pay may take up to an additional 3 (three) months to further investigate the report before coming to a conclusion. The Company Oro Pay will try to remedy any error caused by its actions almost immediately to enable its User Client unobstructed use of the account. 16.5. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the Company’s Oro Pay system and sending it to you you, and will include the result of the investigation and an explanation of the findings that led to the final result. In the event that the Company Oro Pay provisionally treated a transaction as erroneous and credited your account with the relevant balance, and the investigation resulted in “no error”, the Company Oro Pay will have the right to debit your account for the same amount as if the transaction was never reported as erroneous. Those Users Oro Pay Clients who reported an error can request copies of the material that was used for the investigation. 13.416.6. The liability of any unauthorised unauthorized transactions that evidence does not suggest that there has been any fraudulent, deliberate or gross negligent action or behavior by the UserClient, will fall on the CompanyOro Pay. In such cases the User Client will receive full reimbursement of the amount relevant to the reported unauthorised unauthorized transaction(s) from the UserClient’s account. Users Clients will be entitled to such reimbursement only if they report such unauthorised unauthorized transaction incidents to the Company Oro Pay within one calendar year from the date the first unauthorised unauthorized transaction incident was executed. Where the reported incident demands further investigation, the Company Oro Pay will follow the process described in relevant section 13.3 above. 13.516.7. The Company’s Users Oro Pay Clients are entitled to a refund of the full amount of any authorised authorized payment transaction whether the transaction was initiated through the CompanyOro Pay’s system, through a merchant’s website or other third party, provided that any conditions that make the User Client eligible for such a refund are met. 13.616.8. The Company Oro Pay will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your account was erroneously credited with less money than you were entitled, the Company Oro Pay will credit the difference in your account. If the opposite occurs and your account is credited with more money than it should, the Company Oro Pay will debit your account for the difference. The Company Oro Pay will be liable to refund any transaction that has resulted in either not being of correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless: 13.6.116.8.1. You did not have sufficient funds in your account to conclude the transaction and the cause of this insufficiency was not the CompanyOro Pay; 13.6.216.8.2. You tried to execute the transactions at a time that it was known to users that the Company’s Oro Pay system was not properly functioning, either due to maintenance or unresolved technical issues; or 13.6.316.8.3. Because of circumstances beyond the CompanyOro Pay’s control (such as acts of God or any other technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary. 16.9. The Company Notwithstanding any other term of this Agreement, Oro Pay will not be liable for any such incomplete/failed transactions unless a User Client reports such incomplete/failed transaction to the Company Oro Pay within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to the CompanyOro Pay.

Appears in 4 contracts

Sources: General Client Agreement, General Client Agreement, General Client Agreement

ERRORS AND UNAUTHORISED TRANSACTIONS. 13.116.1. The Company Oro Pay recognizes that unauthorised unauthorized or erroneous transactions may occur and stresses the importance of monitoring your account on a regular basis by accessing the transaction history segment and reviewing the transactions listed (you undertake to immediately examine every SMS notification received from us and examine the list of transactions in the beginning of every month for the previous calendar month)listed. Should you suspect or believe that there was unauthorised unauthorized activity in your account and that potentially one of the below instances occurred, you must immediately (but no later than 13 months after the debit date) inform the Company Oro Pay to take all necessary remedial actions. The list may not be exhaustive. 13.1.116.1.1. Your account has been accessed by another person with no authorisation authorization for such access; 13.1.216.1.2. Your account was used for a transaction you did not authorize; 13.1.316.1.3. Your password has been compromised; ; 16.2. You are also expected to immediately (but no later than 13 months after the debit date) inform the Company Oro Pay of any erroneous transaction that may have taken place relating to your account, in order for the Company Oro Pay to investigate the cause of the error and take remedial action as necessary. For as long as the Company Oro Pay is content with the justifications provided in relation to the unauthorised unauthorized use, the Company Oro Pay will not hold you liable for the unauthorised unauthorized transaction. It will however, exercise its legal rights and hold you fully liable when the Company deems that you tried to defraud by acting in deliberate fashion in granting access to a third person by willingly providing or “unintentionally” exposing your login information to that person. The Company Oro Pay will also hold you responsible and liable when it evidently realizes that either with gross negligence, or intent, you fail to comply with the obligations stemming out of this Agreement and its Terms terms and Conditionsconditions. 13.216.3. The most immediate way to contact the Company Oro Pay is by reaching the Company’s customer Support Oro Pay Client Service representatives at the telephone number shown on the Company’s Oro Pay website(s), or by completing and submitting the online form found on the Company’s Oro Pay website, or alternatively contacting one of its members by sending an email to ▇▇▇▇@▇▇▇support@Oro ▇▇▇.▇▇▇ with the subject heading “Erroneous Transactiontransaction” or “Unauthorised Unauthorized Transaction”. Although all telephone incidents are recorded, Company Oro Pay requires you to also submit a written record of the incident providing the Company Oro Pay with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed to the same address referenced in this section and with the same subject heading options. You are expected to reasonably assist the Company Oro Pay and you agree that certain information you provide may be provided to a third party relevant to the case in hand always in accordance with the Company’s PoliciesOro Pay Privacy Policy. 13.316.4. The Company Oro Pay will review the reports submitted and revert with the investigation results within 15 (fifteen) working days from the day the notice is initially provided by the UserClient. If the initial notification is made by telephone, the notice day will be defined as the day the written notice was submitted to the CompanyOro Pay. Depending on the complexity of the investigation, the Company Oro Pay may take up to an additional 3 (three) months to further investigate the report before coming to a conclusion. The Company Oro Pay will try to remedy any error caused by its actions almost immediately to enable its User Client unobstructed use of the account. 16.5. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the Company’s Oro Pay system and sending it to you you, and will include the result of the investigation and an explanation of the findings that led to the final result. In the event that the Company Oro Pay provisionally treated a transaction as erroneous and credited your account with the relevant balance, and the investigation resulted in “no error”, the Company Oro Pay will have the right to debit your account for the same amount as if the transaction was never reported as erroneous. Those Users Oro Pay Clients who reported an error can request copies of the material that was used for the investigation. 13.416.6. The liability of any unauthorised unauthorized transactions that evidence does not suggest that there has been any fraudulent, deliberate or gross negligent action or behavior by the UserClient, will fall on the CompanyOro Pay. In such cases the User Client will receive full reimbursement of the amount relevant to the reported unauthorised unauthorized transaction(s) from the UserClient’s account. Users Clients will be entitled to such reimbursement only if they report such unauthorised unauthorized transaction incidents to the Company Oro Pay within one calendar year from the date the first unauthorised unauthorized transaction incident was executed. Where the reported incident demands further investigation, the Company Oro Pay will follow the process described in relevant section 13.3 above. 13.516.7. The Company’s Users Oro Pay Clients are entitled to a refund of the full amount of any authorised authorized payment transaction whether the transaction was initiated through the CompanyOro Pay’s system, through a merchant’s website or other third party, provided that any conditions that make the User Client eligible for such a refund are met. 13.616.8. The Company Oro Pay will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your account was erroneously credited with less money than you were entitled, the Company Oro Pay will credit the difference in your account. If the opposite occurs and your account is credited with more money than it should, the Company Oro Pay will debit your account for the difference. The Company Oro Pay will be liable to refund any transaction that has resulted in either not being of correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless: 13.6.116.8.1. You did not have sufficient funds in your account to conclude the transaction and the cause of this insufficiency was not the CompanyOro Pay; 13.6.216.8.2. You tried to execute the transactions at a time that it was known to users that the Company’s Oro Pay system was not properly functioning, either due to maintenance or unresolved technical issues; or 13.6.316.8.3. Because of circumstances beyond the CompanyOro Pay’s control (such as acts of God or any other technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary. 16.9. The Company Notwithstanding any other term of this Agreement, Oro Pay will not be liable for any such incomplete/failed transactions unless a User Client reports such incomplete/failed transaction to the Company Oro Pay within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to the CompanyOro Pay.

Appears in 2 contracts

Sources: General Client Agreement, General Client Agreement

ERRORS AND UNAUTHORISED TRANSACTIONS. 13.19.1. The Company recognizes that unauthorised or erroneous transactions may occur and stresses the importance of monitoring your account on a regular basis by accessing the transaction history segment and reviewing the transactions listed (you undertake to immediately examine every SMS notification received from us and examine the list of transactions in the beginning of every month for the previous calendar month). Should you suspect or believe that there was unauthorised activity in your account and that potentially one of the below instances occurred, you must immediately (but no later than 13 months after the debit date) inform the Company to take all necessary remedial actions. The list may not be exhaustive. 13.1.19.1.1. Your account has been accessed by another person with no authorisation for such access; 13.1.29.1.2. Your account was used for a transaction you did not authorize; 13.1.39.1.3. Your password has been compromised; You are also expected to immediately (but no later than 13 months after the debit date) inform the Company of any erroneous transaction that may have taken place relating to your account, in order for the Company to investigate the cause of the error and take remedial action as necessary. For as long as the Company is content with the justifications provided in relation to the unauthorised use, the Company will not hold you liable for the unauthorised transaction. It will however, exercise its legal rights and hold you fully liable when the Company deems that you tried to defraud by acting in deliberate fashion in granting access to a third person by willingly providing or “unintentionally” exposing your login information to that person. The Company will also hold you responsible and liable when it evidently realizes that either with gross negligence, or intent, you fail to comply with the obligations stemming out of this Agreement and its Terms and Conditions. 13.29.2. The most immediate way to contact the Company is by reaching the Company’s customer Support representatives at the telephone number shown on the Company’s website(s), or by completing and submitting the online form found on the Company’s website, or alternatively contacting one of its members by sending an email to ▇▇▇▇@▇▇▇▇▇▇.▇▇▇ with the subject heading “Erroneous Transaction” or “Unauthorised Transaction”. Although all telephone incidents are recorded, Company requires you to also submit a written record of the incident providing the Company with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed to the same address referenced in this section and with the same subject heading options. You are expected to reasonably assist the Company and you agree that certain information you provide may be provided to a third party relevant to the case in hand always in accordance with the Company’s Policies. 13.39.3. The Company will review the reports submitted and revert with the investigation results within 15 (fifteen) working days from the day the notice is initially provided by the User. If the initial notification is made by telephone, the notice day will be defined as the day the written notice was submitted to the Company. Depending on the complexity of the investigation, the Company may take up to an additional 3 (three) months to further investigate the report before coming to a conclusion. The Company will try to remedy any error caused by its actions almost immediately to enable its User unobstructed use of the account. 9.4. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the Company’s system and sending it to you and will include the result of the investigation and an explanation of the findings that led to the final result. In the event that the Company provisionally treated a transaction as erroneous and credited your account with the relevant balance, and the investigation resulted in “no error”, the Company will have the right to debit your account for the same amount as if the transaction was never reported as erroneous. Those Users who reported an error can request copies of the material that was used for the investigation. 13.49.5. The liability of any unauthorised transactions that evidence does not suggest that there has been any fraudulent, deliberate or gross negligent action or behavior behaviour by the User, will fall on the Company. In such cases the User will receive full reimbursement of the amount relevant to the reported unauthorised transaction(s) from the User’s account. Users will be entitled to such reimbursement only if they report such unauthorised transaction incidents to the Company within one calendar year from the date the first unauthorised transaction incident was executed. Where the reported incident demands further investigation, the Company will follow the process described in section 13.3 9.3 above. 13.5. The Company’s Users are entitled to a refund of the full amount of any authorised payment transaction whether the transaction was initiated through the Company’s system, through a merchant’s website or other third party, provided that any conditions that make the User eligible for such a refund are met. 13.69.6. The Company will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your account was Stored Cardwas erroneously credited with less money than you were entitled, the Company will credit the difference in your accountStored Card. If the opposite occurs and your account is Stored Cardis credited with more money than it should, the Company will debit your account for Stored Cardfor the difference. The Company will be liable to refund any transaction that has resulted in either not being of correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless: 13.6.1. You did not have sufficient funds in your account to conclude the transaction and the cause of this insufficiency was not the Company; 13.6.2. You tried to execute the transactions at a time that it was known to users that the Company’s system was not properly functioning, either due to maintenance or unresolved technical issues; or 13.6.3. Because of circumstances beyond the Company’s control (such as acts of God or any technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary. The Company will not be liable for any such incomplete/failed transactions unless a User reports such incomplete/failed transaction to the Company within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to the Company.

Appears in 1 contract

Sources: User Agreement

ERRORS AND UNAUTHORISED TRANSACTIONS. 13.114.1. The Company OROPAY recognizes that unauthorised unauthorized or erroneous transactions may occur and stresses the importance of monitoring your account on a regular basis by accessing the transaction history segment and reviewing the transactions listed (you undertake to immediately examine every SMS notification received from us and examine the list of transactions in the beginning of every month for the previous calendar month)listed. Should you suspect or believe that there was unauthorised unauthorized activity in your account and that potentially one of the below instances occurred, you must immediately (but no later than 13 months after the debit date) inform the Company OROPAY to take all necessary remedial actions. The list may not be exhaustive. 13.1.114.1.1. Your account has been accessed by another person with no authorisation authorization for such access; 13.1.214.1.2. Your account was used for a transaction you did not authorize; 13.1.314.1.3. Your password has been compromised; ; 14.2. You are also expected to immediately (but no later than 13 months after the debit date) inform the Company OROPAY of any erroneous transaction that may have taken place relating to your account, in order for the Company OROPAY to investigate the cause of the error and take remedial action as necessary. For as long as the Company OROPAY is content with the justifications provided in relation to the unauthorised unauthorized use, the Company OROPAY will not hold you liable for the unauthorised unauthorized transaction. It will however, exercise its legal rights and hold you fully liable when the Company deems that you tried to defraud by acting in deliberate fashion in granting access to a third person by willingly providing or “unintentionally” exposing your login information to that person. The Company OROPAY will also hold you responsible and liable when it evidently realizes that either with gross negligence, or intent, you fail to comply with the obligations stemming out of this Agreement and its Terms terms and Conditionsconditions. 13.214.3. The most immediate way to contact the Company OROPAY is by reaching the Company’s customer OROPAY Customer Support representatives at the telephone number shown on the Company’s OROPAY website(s), or by completing and submitting the online form found on the Company’s OROPAY website, or alternatively contacting one of its members by sending an email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ with the subject heading “Erroneous Transactiontransaction” or “Unauthorised Unauthorized Transaction”. Although all telephone incidents are recorded, Company OROPAY requires you to also submit a written record of the incident providing the Company OROPAY with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed to the same address referenced in this section and with the same subject heading options. You are expected to reasonably assist the Company OROPAY and you agree that certain information you provide may be provided to a third party relevant to the case in hand always in accordance with the Company’s PoliciesOROPAY Privacy Policy. 13.314.4. The Company OROPAY will review the reports submitted and revert with the investigation results within 15 (fifteen) working days from the day the notice is initially provided by the UserClient. If the initial notification is made by telephone, the notice day will be defined as the day the written notice was submitted to the CompanyOROPAY. Depending on the complexity of the investigation, the Company OROPAY may take up to an additional 3 (three) months to further investigate the report before coming to a conclusion. The Company OROPAY will try to remedy any error caused by its actions almost immediately to enable its User Client unobstructed use of the account. 14.5. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the Company’s OROPAY system and sending it to you you, and will include the result of the investigation and an explanation of the findings that led to the final result. In the event that the Company OROPAY provisionally treated a transaction as erroneous and credited your account with the relevant balance, and the investigation resulted in “no error”, the Company OROPAY will have the right to debit your account for the same amount as if the transaction was never reported as erroneous. Those Users OROPAY Clients who reported an error can request copies of the material that was used for the investigation. 13.414.6. The liability of any unauthorised unauthorized transactions that evidence does not suggest that there has been any fraudulent, deliberate or gross negligent action or behavior by the UserClient, will fall on the CompanyOROPAY. In such cases the User Client will receive full reimbursement of the amount relevant to the reported unauthorised unauthorized transaction(s) from the UserClient’s account. Users Clients will be entitled to such reimbursement only if they report such unauthorised unauthorized transaction incidents to the Company OROPAY within one calendar year from the date the first unauthorised unauthorized transaction incident was executed. Where the reported incident demands further investigation, the Company OROPAY will follow the process described in relevant section 13.3 above. 13.514.7. The Company’s Users OROPAY Clients are entitled to a refund of the full amount of any authorised authorized payment transaction whether the transaction was initiated through the CompanyOROPAY’s system, through a merchant’s website or other third party, provided that any conditions that make the User Client eligible for such a refund are met. 13.614.8. The Company OROPAY will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your account was erroneously credited with less money than you were entitled, the Company OROPAY will credit the difference in your account. If the opposite occurs and your account is credited with more money than it should, the Company OROPAY will debit your account for the difference. The Company OROPAY will be liable to refund any transaction that has resulted in either not being of correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless: 13.6.114.8.1. You did not have sufficient funds in your account to conclude the transaction and the cause of this insufficiency was not the CompanyOROPAY; 13.6.214.8.2. You tried to execute the transactions at a time that it was known to users that the Company’s OROPAY system was not properly functioning, either due to maintenance or unresolved technical issues; or 13.6.314.8.3. Because of circumstances beyond the CompanyOROPAY’s control (such as acts of God or any other technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary. 14.9. The Company Notwithstanding any other term of this Agreement, OROPAY will not be liable for any such incomplete/failed transactions unless a User Client reports such incomplete/failed transaction to the Company OROPAY within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to the CompanyOROPAY.

Appears in 1 contract

Sources: General Client Agreement

ERRORS AND UNAUTHORISED TRANSACTIONS. 13.129.1. The Company recognizes You can inspect your transaction history at any time by logging in to your E-Wallet and viewing the transactions. It is very important that you immediately notify SendSpend if you have reason to believe any of the following activities have occurred: 29.1.1. there has been an unauthorised transaction sent from your E-Wallet; 29.1.2. there has been unauthorised access to your E-Wallet; 29.1.3. your password or erroneous transactions PIN has been compromised; 29.1.4. any device you have used to access the Services has been lost, stolen or deactivated, or 29.1.5. someone has transferred or may occur and stresses have transferred money to or from your E-Wallet without your permission. 29.2. You must also immediately notify us if you have reason to believe that any other error has occurred on your E-Wallet. 29.3. In order for you to notify SendSpend immediately of any of the importance of monitoring above events, we strongly recommend that you monitor your account E-Wallet closely on a regular basis by accessing the transaction history segment and reviewing the transactions listed (you undertake to immediately examine every SMS notification received from us and examine the list of transactions in the beginning of every month for the previous calendar month)basis. Should you suspect or believe that there was unauthorised activity in your account and that potentially one of the below instances occurred, you must immediately (but no later than 13 months after the debit date) inform the Company to take all necessary remedial actions. The list may not be exhaustive. 13.1.1. Your account has been accessed by another person with no authorisation for such access; 13.1.2. Your account was used for a transaction you did not authorize; 13.1.3. Your password has been compromised; You are also expected to immediately (but no later than 13 months after the debit date) inform the Company of any erroneous transaction that may have taken place relating to your account, in order for the Company to investigate the cause of the error and take remedial action as necessary. For as long as the Company is content with the justifications provided in relation to the unauthorised use, the Company We will not seek to hold you liable for any unauthorised use of your E-Wallet by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your SendSpend ID and/or password/PIN or to your device while you are logged into the unauthorised transactionServices. 29.4. It We will however, exercise its legal rights and hold you fully liable when the Company deems for unauthorised use of your E-Wallet if we have evidence that suggests: you tried acted deliberately so as to defraud by acting in deliberate fashion in granting enable any third person to gain access to a third person by willingly providing your SendSpend ID and/or password/PIN; you acted fraudulently; or “unintentionally” exposing your login information to that person. The Company will also hold you responsible and liable when it evidently realizes that either have with intent or gross negligence, or intent, you fail negligence failed to comply with your obligations to use your E-Wallet in the obligations stemming manner set out of in this Agreement and its Terms and ConditionsAgreement. 13.229.5. The most immediate way to contact the Company is You must notify us if you believe there has been or will be an error, unauthorised transaction, misappropriated or unauthorised use of your E-Wallet, by reaching the Company’s customer Support representatives telephoning SendSpend Customer Service at the telephone number shown on the Company’s SendSpend website(s)) or in the SendSpend E-Wallet. If you initially provide information to us via the telephone, or by completing and submitting we may require that you send your query in writing within ten Business Days after the online form found on phone contact. You must give us all the Company’s website, or alternatively contacting one of its members by sending an email to ▇▇▇▇@▇▇▇▇▇▇.▇▇▇ with the subject heading “Erroneous Transaction” or “Unauthorised Transaction”. Although all telephone incidents are recorded, Company requires you to also submit a written record of the incident providing the Company with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed as to the same address referenced circumstances of any errors, unauthorised transactions and/or misappropriated or unauthorised use of your E-Wallet and take all reasonable steps requested to assist SendSpend in this section and its investigation. We may provide third parties with the same subject heading options. You are expected to reasonably assist the Company and you agree that certain information you provide may be provided to a third party we consider relevant to the case in hand always such circumstances in accordance with the Company’s Policiesour Privacy Policy. 13.329.6. The Company Without prejudice to your statutory rights, we will review advise you of the reports submitted and revert with the results of our investigation results within 15 (fifteen) working days from the day the notice is initially provided by the User20 Business Days after we receive your notice. If the initial notification is we have made by telephonean error, the notice day we will be defined as the day the written notice was submitted to the Companycorrect it promptly. Depending on the complexity of the investigationIf we need more time, the Company however, we may take up to an additional 3 (three) months 60 Days to further investigate your query. At the report before coming to a conclusion. The Company end of our investigation, we will try to remedy any error caused by its actions almost immediately to enable its User unobstructed use advise you of the accountresults within three Business Days. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the Company’s system and sending it to you and will include the result of the investigation and an explanation of the findings If we determine that led to the final result. In the event that the Company provisionally treated a transaction as erroneous and credited your account with the relevant balance, and the investigation resulted in “there was no error, the Company we will have the right to debit your account send you a written explanation. You may ask for the same amount as if the transaction was never reported as erroneous. Those Users who reported an error can request copies of the material documents that was we used for the investigation. 13.4. The liability of any unauthorised transactions that evidence does not suggest that there has been any fraudulent, deliberate or gross negligent action or behavior by the User, will fall on the Company. In such cases the User will receive full reimbursement of the amount relevant to the reported unauthorised transaction(s) from the User’s account. Users in our investigation which will be entitled sent to such reimbursement only if they report such unauthorised transaction incidents to the Company within one calendar year from the date the first unauthorised transaction incident was executed. Where the reported incident demands further investigation, the Company will follow the process described in section 13.3 aboveyou electronically. 13.5. The Company’s Users are entitled to a refund of the full amount of any authorised payment transaction whether the transaction was initiated through the Company’s system, through a merchant’s website or other third party, provided that any conditions that make the User eligible for such a refund are met. 13.6. The Company will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your account was erroneously credited with less money than you were entitled, the Company will credit the difference in your account. If the opposite occurs and your account is credited with more money than it should, the Company will debit your account for the difference. The Company will be liable to refund any transaction that has resulted in either not being of correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless: 13.6.1. You did not have sufficient funds in your account to conclude the transaction and the cause of this insufficiency was not the Company; 13.6.2. You tried to execute the transactions at a time that it was known to users that the Company’s system was not properly functioning, either due to maintenance or unresolved technical issues; or 13.6.3. Because of circumstances beyond the Company’s control (such as acts of God or any technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary. The Company will not be liable for any such incomplete/failed transactions unless a User reports such incomplete/failed transaction to the Company within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to the Company.

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Sources: Agent Agreement