8.1 If You believe you did not authorise a particular transaction or that a transaction was incorrectly executed, in order to obtain a refund, You must contact Our Customer Service without undue delay as soon as you notice the issue, and in any case no later than 13 months after the amount of the transaction has been deducted from the Novac Zone Account.
8.2 We will, as soon as reasonably practicable, reimburse (no later than the close of business on the day following the date that we became aware of the unauthorised transaction) any unauthorised transactions and related transaction fees and charges due under this Agreement, subject to the remainder of this Clause, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent, or intentional on Your part, We will process a refund in accordance with this Clause.
8.3 In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault:
- 8.3.1 You have demonstrably acted fraudulently; or
- 8.3.2 You bear demonstrable responsibility for intentional or gross negligence.
8.4 If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we together with Partners may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us or Partners in connection with the transaction. We will offer You reasonable notice of any reversed refunds as soon as is practicable.
8.5 Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on your Novac Zone Account and will therefore no longer be available for use. We refer to this as “pending authorisation” or “blocking”. In such cases, You must inform Our Customer Service Department accordingly, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements.
8.6 Except where You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction:
- 8.6.1 Which arise after Your notification to Us;
- 8.6.2 Where We have failed to provide You with the appropriate means of notification, as set forth in this Agreement.
8.7 Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases:
- 8.7.1 If We maintain a concrete, circumstantial suspicion that You are acting contrary to this Agreement;
- 8.7.2 We reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or
- 8.7.3 We are required to do so by law.
8.8 Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with this Agreement, and together with you, if necessary, tell you what to do to correct any factual errors that have resulted in the denial.