Liability for Unauthorized VISA Point of Sale Debit Card Transactions

Tell us AT ONCE if you believe your VISA debit card has been lost or stolen or has been used in an unauthorized manner. Your liability for unauthorized VISA point of sale debit card transactions that take place on the VISA system is zero dollars ($0.00). We may require you to provide a written statement regarding claims of authorized VISA debit card transactions. 

These provisions limiting your liability do not apply to VISA commercial cards or VISA ATM transactions and apply only to cards issued in the United States. With respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see Liability for Unauthorized Transfers) only if we determine that you were grossly negligent or fraudulent in handling of your account or debit card. The same consumer liability limits shall apply to Interlink transactions. 

To notify us of lost or stolen cards, or of unauthorized transactions, call or write to us at the telephone number or address set forth under Liability for Unauthorized Transfers. This will help prevent unauthorized access to your account and minimize any inconvenience. 

Visa is a registered trademark of VISA International. 

California Debit Card Cardholder Liability

If you are a California resident and you have a debit card that may be used without a PIN for electronic transactions from your consumer deposit account then you have the following protections regarding unauthorized use.  

Tell us AT ONCE if you believe your debit card has been lost or stolen or if your statement reflects any unauthorized use. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If your debit card is lost or stolen, you will be responsible for the lesser of $50.00 or the amount of unauthorized use prior to your notification to us of the loss or theft of your card. If you do not notify us of the loss or theft of your card within sixty (60) days after the statement was mailed to you and we can prove that we could have stopped someone from using your card without your permission if you had told us, then you will be responsible for the amount of unauthorized use of your card up to the lesser of $500.00 or the amount of unauthorized use that occurs after the sixty (60) day period mentioned above until the time you notify us of the loss or theft of your credit card. Also, if your statement shows transfers that you did not make, tell us AT ONCE. If the unauthorized use does not involve the loss or theft of your card and if you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us on time. The sixty-day period mentioned throughout this paragraph may be extended by a reasonable period if the delayed notice was caused by extenuating circumstances outside of your control (e.g. extended hospital stay or extended foreign travel). If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write to us at the telephone number or address set forth under Liability for Unauthorized Transfers. 

Business Days

For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.

DOCUMENTATION 

Period Statement

You will get a monthly account statement from us. You will get at quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit. 

Terminal Receipt

You can get a receipt at the time you make any transfer from your account using an ATM or POS terminal. 

Direct Deposits

If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (626) 759-9200 to find out whether or not the deposit has been made. 

Our Liability for Failure to Make Transfers

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance: 

In case of Errors or Questions About Your Electronic Transfers.

Telephone us at (626) 759-9200, or write us at TOMATOBANK, N.A., 1420 East Valley Blvd., Alhambra, CA 91801 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appear: 

If you tell us orally, we may require that you send us your complaint or question writing within ten (10) business days. 

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (five (5) business days for VISA POS transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. 

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for the action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country, or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days. 

We may withhold this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. 

We will tell you the result within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Confidentiality

We will disclose information to third parties about your account or the transfers you make: 

Personal Identification Number (PIN) or Code

The ATM and debit card PIN issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on the card. You are responsible for safekeeping your PIN(s). You agree not to disclose or otherwise make your PIN available to anyone not authorized to sign on your accounts. 

Notices

All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to at least twenty one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations. 

Enforcement

In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including fees on any appeal, subject to any limits under applicable law. 

Termination of ATM and POS Services

You agree that we may terminate this agreement and your use of the ATM or debit card if: 

Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. 



PREAUTHORIZED ELECTRONIC FUND TRANSFERS 

Stop Payment Rights

If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here’s how: Call us or write to us at the telephone number or address set forth above, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you $15.00 for each stop payment order you give. 

Notice of Varying Amounts

If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get a notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. 

Liability for Failure to Stop Payment of Preauthorized Transfers

If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so we will be liable for your losses or damages. 

Other Provisions

There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited to ATMs. We reserve the right to refuse any transaction, which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. 

ATM SAFETY TIPS 

As an issuer of ATM access devices we have provided for your information a list of safety precautions regarding the use of ATMs. California issuers of ATM access devices are required to provide customers with safety precautions regarding use of to provide customers with safety precautions regarding use of automated teller machines. Please read the following tips: