ANZ LIABILITY. (i) To the extent permitted by Law, we will not be responsible for any Liabilities (whether direct, indirect, consequential or otherwise) (“Merchant Liabilities”) suffered or incurred by you under or in connection with the Merchant Agreement including, but not limited to, Merchant Liabilities:
ANZ LIABILITY. (i) To the extent permitted by Law, we will not be responsible for any Liabilities (whether direct, indirect, consequential or otherwise) (“Merchant Liabilities”) suffered or incurred by you under or in connection with the Agreement including, but not limited to, Merchant Liabilities suffered or incurred because an EFTPOS Terminal, the Card Payment System, or any telephone line or other communications device or service is malfunctioning or not operating and Merchant Liabilities resulting from our failure to credit the Nominated Settlement Bank Account due to technical or administrative difficulties relating to the banking system or Card Payment System used for the transfer of funds to the Nominated Settlement Bank Account. To remove any doubt and without limiting the generality of this provision, our services and Merchant Facilities are dependent on messaging, communications, processing and other systems which are subject to interruption or breakdown for a variety of reasons. We will take all commercially reasonable steps to reduce the duration should such interruption or breakdown occur but will not otherwise have any liability for any failure, delay or other matter resulting from it.
ANZ LIABILITY. (i) To the extent permitted by Law, ANZ will not be responsible for any loss or damage (including consequential loss or damage) suffered by the Merchant pursuant to the Agreement including, but not limited to, loss or damage suffered because an Electronic Terminal or telephone line is malfunctioning or not operating, except loss or damage attributable to the negligence or wilful default of ANZ. To remove any doubt and without limiting the generality of this provision, ANZ services and Merchant Facilities are dependent on messaging, communications, processing and other systems which are subject to interruption or breakdown for a variety of reasons. ANZ will take all commercially reasonable steps to reduce the duration should such interruption or breakdown occur but will not otherwise have any liability for any failure, delay or other matter resulting from it.
