18
19 Liabilities
When we are not responsible
19.1 We will not be responsible for:
n Business losses incurred, including the loss of
profits, loss of business, business interruption, loss
of business opportunity, or anticipated savings,
reputation or any other reasonably unforeseeable
purely financial loss;
n Losses incurred as a result of a failed payment due
to you not holding sufficient funds in your Account;
n Losses or costs where we are complying with any
legal or regulatory requirements;
n Losses incurred as a result of any abnormal or
unforeseeable circumstances which are outside
of our control, including delays or failures caused
by problems with another system or network,
data-processing failures, mechanical breakdown or
industrial action;
n Losses incurred as a result of your gross
negligence, fraud, misuse of your Account or
breach of any of the Terms and Conditions in the
documents set out in Condition 1.1;
n Losses incurred as a result of you sharing your
Security Details with us or another person;
n Where contact details have changed but you have
not made us aware of these;
n Losses where you give us incorrect instructions,
such as the wrong Account number and sort code;
n Related to payments into or out of your Account
once this has been closed (either by you or us);
n If you provide a third-party provider (for example,
an Accounting service) with your Security Details
and you incur any financial losses because of
fraudulent or unauthorised use of your Account;
n Where there is a delay or refusal to process any
instructions on your Account if we have asked for
further information to allow us to meet our anti-
money laundering, financial crime, sanctions or
other legal and regulatory requirements;
n Any Transaction showing on your Account which
has not been disputed within 13 months of the
Transaction happening, in line with Condition 4.30;
n Any loss you may suffer as a result of us complying
with legislation relating to Conditions 16.1 – 16.3;
n Any losses or damages to any original documents
sent to us (unless we specifically asked for the
original documents).
19.2 Where an unauthorised Transaction should be
reversed, we will make it as soon as practicable. We
will reverse:
n the amount of the unauthorised Transaction; and
n any related interest or charges, where applicable.
We will have no further liability to you.
19.3 We will make every effort to perform our obligations
to you under these Terms and Conditions. This
includes taking whatever action we consider
appropriate to meet any obligation relating to the
prevention of fraud, money laundering and terrorist
financing and the provision of financial services to
persons who may be subject to sanctions.
However, we must also comply with the law,
regulations, court orders, codes and other duties,
requirements and obligations that apply to us and to
take measures to prevent our services being used for
financial crime.
Consequently, we will not perform any part of our
agreements and may suspend or terminate Accounts
and services where we reasonably consider that doing
so may:
n Involve us or you breaking a law, regulation,
court order, code or other duty, requirement or
obligation that applies to you or us;
n Involve, or be part of, us committing a criminal act
of any kind; or
n Expose us to action by government, regulator, or
law enforcement agency.
In these circumstances, we will not be liable for not
performing those parts of the agreement.
19.4 You will not be responsible for any unauthorised
Transactions, other than the following. You will be
liable for unauthorised Payments and related costs
that happen because you or a Cardholder:
n Are liable under the Terms and Conditions in the
documents set out in Condition 1.1; and
n Have deliberately, or with gross negligence, failed to
keep your Account, Card or Security Details secure.
19.5 If we suspect you have acted fraudulently or with
gross negligence or have breached these Terms and
Conditions, you will be liable for all losses on the
Account. These include the amount of the payments
made and any interest and/or charges applied to your
Account.
19.6 You will not be responsible for any losses if someone
else uses the Card before the Cardholder receives it.
Your liability may also be limited by the law.
19.7 By using the Account and setting up Security Details
on your Account, you agree to:
n Keep your Security Details and Payment Device
safe at all times by taking reasonable steps,
including but not limited to the safeguards we
share with you and not disclose these to any third
party.
n Advise us immediately if the security of the
password is compromised; and
n Us relying on the password to confirm it is you
authorising an instruction on all Accounts held in
your name, in addition to Condition 4.18.
19.8 We accept liability for any direct losses you may suffer
if we have not complied with our obligations under
the Terms and Conditions in the documents as set
out in Condition 1.1, or as a result of our negligence or
fraud.