Common use of Client liability Clause in Contracts

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account and/or GIFTCARD without undue delay in the day when the GIFTCARD was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD account. 13.4. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARD; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawals.

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrumentinstrument or from its misappropriation, if Client has not managed to preserve the security of the payment instrumentbefore it is reported, up to a maximum of 150 EUR50 EUR unless the Client was able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of the Issuer. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, Issuer shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any rights of recourse to which we may be entitled against the payment service provider. Client’s liability cap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD GiftCard account and/or GIFTCARD GiftCard without undue delay in the day when the GIFTCARD GiftCard was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD GiftCard account. 13.4. In the case of an unauthorised payment transaction, which debits Client’s Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), Issuer shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by Client agrees to indemnifyhimself or its legal representative (in case of legal entities), defend except where Issuer has reasonable grounds for suspecting fraud and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according communicate those grounds to the White GiftCard Program (collectivelyrelevant national authority in writing. Where applicable, "Claim" or "Claims") which Issuer may at any time during shall restore the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of account shall be no later than the date the amount had been debited. The Client has to inform the issuer via Client’s registered e-mail in case of unauthorized transaction and request a refund. The Client has to be fully identified and verified and your account has to be in good standing and not blocked for security or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARD; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawalscompliance reasons.

Client liability. 13.113.1 Payer’s Liability and Our Liability in case of Errors or unauthorized transactions: i) In the case of an unauthorised payment transaction, which debits the myPOS Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), we shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by the Client, except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant authority in writing. Where applicable and subject to this clause, we shall restore the debited myPOS account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for the Client’s myPOS account shall be no later than the date the amount had been debited. The Client who has acted as a Consumer to inform us via Client’s registered e-mail in case of unauthorized transaction and request refund. The Client has to be fully identified and verified and Client’s account has to be in good standing and not blocked for security or compliance reasons. ii) Client shall be liable without limitation for all losses incurred in respect of unauthorised transactions, any unauthorized transactions as a result of use of lost or stolen payment instrument, if Client has not managed to preserve or from the security misappropriation of the a payment instrument, up to since Client is not a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment ordersconsumer. 13.2. Howeveriii) In any event, the Client shall be fully liable for all losses incurred in respect of unauthorised unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or haswith negligence or wilful misconduct, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including Client’s but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations. iv) The Client is entitled to redress losses incurred from unauthorized or incorrectly executed payment transactions, which shall not include any fees, interest or losses (excluding fees or interest unless the Client uses the Service in case the capacity of Clients who are not Consumersa consumer) incurred by the Client in respect of unauthorised relation to the unauthorized or incorrect incorrectly executed transactions made after performed with the payment instruments provided under the Service, whereas the the Client has informed Issuer must inform us for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account and/or GIFTCARD without undue delay in the day when the GIFTCARD was debited or within 7 (seven) days afterwards, and after the transaction. If the Client uses the Service in case where the capacity of consumer the Client is Consumer, must notify us no later than thirteen 13 (13thirteen) months after the debit date. Issuer will, on Client request, make efforts to trace Account was debited with the transaction and notify Client amount of the outcomeunauthorized transaction or the incorrect payment order. Where the Client is entitled to a redress, Issuer we will refund the lost amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD accountTariff within reasonable time. 13.4v) The Client uses the Service for Client’s business activity and is not a Consumer. Therefore, the Client agrees as follows: (a) the Client is not entitled to the right to a refund for pre-approved payments or standing orders or payment transactions initiated by a payee (i.e. a merchant) as set out in this Agreement; (b) where the Client identifies an error, unauthorised transaction and/or misappropriated or unauthorised use of Client’s account or any payment instrument in accordance with section 13 the Client has up to 7 days from the date of the alleged error or unauthorised transaction or improper account access to notify us of it, after which time we have no obligation to investigate or act upon Client’s notification; (c) we are not obliged to comply with nor provide Client with information according to the information requirements set out in Title III of PSD2 and their equivalents in any implementation of PSD2 in member states of the EU or EEA that may apply to Client (“PSD2 transpositions”). (d) articles 72 (Evidence on authentication and execution of payment transactions) and 89 (Payment service providers’ liability for non-execution, defective or late execution of payment transactions) of PSD2 and equivalent provisions in PSD2 transpositions do not apply to such Client’s use of myPOS Service, meaning that, notwithstanding any other provision of this Agreement, we are not liable to such Client for the losses or damage such Client may suffer as a result of the matters referred to in Title III and articles 72 and 89 of PSD2 and equivalent provisions in PSD2 transpositions. vi) Client agrees to indemnify, defend and hold harmless Issuerus harmless, from and against any losses or negative balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgementsjudgments, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd third parties using GIFTCARD the Service, including, but not limited to accounts or cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd third parties using GIFTCARD willful the Service, including, but not limited to accounts or cards, wilful acts or omissions, gross negligence, or other similar wrongdoingswrongdoings or claims, or fraud, charge backchargeback, offline including, but not limited to amounts and fees debited or charged by Card Organizations for chargeback, initiated by Client or third parties, offline transactions, recurring transactions, currency conversions, pre-pre- authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARDthe Card and/or e-money; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawals.or

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD GiftCard account and/or GIFTCARD GiftCard without undue delay in the day when the GIFTCARD GiftCard was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD GiftCard account. 13.4. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD GiftCard breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD GiftCard willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARDGiftCard; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawals.or

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, has failed to comply with the Agreement Agreement, or lawany inseparable part of this Agreement, including Client’s but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of Client Identifying Credentials. 13.313.2. Client shall be entitled to redress losses (losses, excluding fees or interest in case of Clients who are not Consumers) interest, incurred by Client in respect as a result of unauthorised or incorrect transactions made unauthorized access to Client online account for the Service after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account and/or GIFTCARD iPay on compromised Client Identifying Credentials without undue delay in the day when the GIFTCARD was debited or within and not later than 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcomeunauthorized access. Where Client is entitled to redress, Issuer iPay will refund the amount of the unauthorised transactionsamount, less applicable fees as per Tariff, by crediting GIFTCARD account. 13.413.3. Client agrees to indemnify, defend and hold harmless IssueriPay, from and against any losses or negative balance on Cardsdamages, resulting from any and all actions, claims, claimschargeback, reversals, refunds, recurring transactions, currency conversions, pre-authorization, offline transactions, fraud, demands, liabilitiespenalties, judgementsfines, damages damages, audit expenses or other expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer iPay, its branches, its Agents or sub-contractors may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain incur or become subject as a result of any Claim and: (a) connected to the Client’s breach by Client or his its employees, agents or sub-contractors, or 3rd parties using GIFTCARD breach contractors of any provision, warranty or representation in this Agreement, or regulations any inseparable part of this Agreement, or Regulations of Card Organizations Organizations, iPay or other Organizations. Furthermore, Client agrees to indemnify, defend and hold harmless iPay, from and against any damages, resulting from any Claim and penalties: (a) аrising out of incorrect statement or registration or any changes in the information provided for the Client, including but not limited to integrational data for Client, such as name,address and other data, to which Client has agreed under this Agreement; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARD; or (c) arising from Client’s 's or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure Service willful acts or omissions, gross 13.4. Clients liability in relation to comply Intellectual property rights and publicity: 13.4.1. Subject to all terms and conditions of this Agreement, iPay authorizes Client and Client agrees to use the logo and Marks of iPay, such as iPOS, myPOS, iPayAccount, MasterCard, VISA and JCB (referred to as "Marks") in accordance with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulationsthe conditions set out in this Agreement for the sole purpose of using the Service. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations use the Marks only on the Client's promotional materials and website to indicate that Payers can pay the offers of Client via Account. 13.4.2. Intellectual property rights in (1) any software or documentation supplied by debiting iPay to the Client for or withdrawing directly funds from GIFTCARD in connection with the Service, and (2) any custom graphic interfaces, design elements, graphics or other applications or content which iPay may provide and which are placed on or incorporated into the Client Website, remain the property of ClientiPay or its licensors. Client is not authorized in any way to copy, reproduce, diassemble, sell, lease or in any other way provide the use of the payment instruments, online accounts, software, platforms, APIs or mobile POS devices or any outstanding sums owed other development or material of iPay. 13.4.3. Where any software, documentation, API, applications or other materials or developments are developed or provided by Issuer iPay to enable the Client to use the Service, iPay shall be the exclusive owner of such software developments and materials and grants to Client for the duration of this Agreement a non-exclusive, non-transferable license to use the software, documentation or other materials for that purpose only and in accordance with this Agreement. 13.4.4. Client will not, without iPay's prior written consent, copy or (except as permitted by law) decompile or modify the software, nor copy the manuals or documentation. 13.4.5. The right to use the Marks and any software, documentation or other materials supplied under this Agreement shall last only for the duration of this Agreement and may not be assigned or sublicensed in full or in part. 13.4.6. Client may make a copy of the documentation and other materials supplied under this Agreement for backup purposes only. 13.4.7. Client shall grant to iPay a non-exclusive, non-transferable (other than in accordance with Clause 17.8) license, for the duration of the Agreement, to use the Client's trade xxxx and trade names (collectively, including by debiting or charging the Funding instrument "Client Marks") in the course of Client. Issuer will inform Client providing the Service, on the groundiPay Website or marketing materials for promotional, amount reference or operational purposes and value date of such withdrawalsmay include links to the Client's website on the iPay Website. 13.4.8. Client will not issue any promotional or advertising material containing the Marks, without first obtaining iPay's prior written consent.

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account and/or GIFTCARD without undue delay in the day when the GIFTCARD was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD account. 13.4. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-sub- contractors, or end customers or 3rd parties using GIFTCARD willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARD; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawals.

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrumentinstrument or from its misappropriation, if Client has not managed to preserve the security of the payment instrumentbefore it is reported, up to a maximum of 150 EUR50 EUR unless the Client was able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of the Issuer. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, Issuer shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any rights of recourse to which we may be entitled against the payment service provider. Client’s liability cap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD GiftCard account and/or GIFTCARD GiftCard without undue delay in the day when the GIFTCARD GiftCard was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD GiftCard account. In the case of an unauthorised payment transaction, which debits Client’s Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), Issuer shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by Client himself or its legal representative (in case of legal entities), except where Issuer has reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, Issuer shall restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for Client’s account shall be no later than the date the amount had been debited. The Client has to inform the issuer via Client’s registered e-mail in case of unauthorized transaction and request a refund. The Client has to be fully identified and verified and your account has to be in good standing and not blocked for security or compliance reasons. 13.413.5. Client agrees Issuer shall be released of liability in the case that a card is not accepted by a Retailer or Bank that has undertaken to indemnify, defend and hold sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects POS Terminals. Issuer shall be held harmless Issuer, from and against any losses or negative balance on Cards, resulting from any incidents and all actions, , claims, demands, liabilities, judgements, damages or expenses including but liabilities that may arise from transactions conducted between Issuer and Client. Cient shall not limited to damages incurred by Issuer in relation with content of requested designs ordered according to bear any financial consequences for the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out use of the Client’s card subsequent to it being reported as lost or his employeesstolen, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-except in process, system malfunction, or other unlawful use the case of GIFTCARD; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawalsfraudulent acts.

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised unauthorized transactions, as a result of use of lost or stolen payment instrumentinstrument or from its misappropriation, if Client has not managed to preserve the security of the payment instrumentbefore it is reported, up to a maximum of 150 EUR50 EUR unless the Client was able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of the Issuer. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised unauthorized or incorrect transactions, as a result of use of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, Issuer shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, notwithstanding any rights of recourse to which we may be entitled against the payment service provider. Client’s liability cap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised unauthorized or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD GiftCard account and/or GIFTCARD GiftCard without undue delay in the day when the GIFTCARD GiftCard was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised unauthorized transactions, less applicable fees as per Tariff, by crediting GIFTCARD GiftCard account. 1.1. In the case of an unauthorized payment transaction, which debits Client’s Account, including where the unauthorized transaction was made through a third party authorized payment initiation services provider (PISP), Issuer shall refund the amount of the unauthorized payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by Client himself or its legal representative (in case of legal entities), except where Issuer has reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, Issuer shall restore the debited account to the state in which it would have been had the unauthorized payment transaction not taken place. This shall also ensure that the credit value date for the Client’s account shall be no later than the date the amount had been debited. The Client has to inform the issuer via Client’s registered e-mail in case of unauthorized transaction and request a refund. The Client has to be fully identified and verified and your account has to be in good standing and not blocked for security or compliance reasons. 13.4. Issuer shall be released of liability in the case that a card is not accepted by a Retailer or Bank that has undertaken to sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects POS Terminals. Issuer shall be held harmless from any incidents and liabilities that may arise from transactions conducted between Issuer and Client. The Client shall not bear any financial consequences for the use of the card subsequent to it being reported as lost or stolen, except in the case of fraudulent acts. 13.5. Liability for transactions initiated by or through the payee. Where Client’s account was charged with an amount in relation to a transaction initiated by or through the payee, Client shall have the right to request from the Issuer to restore the amount charged under the following conditions: (i) the amount of the transaction was not shown or known to the Client at the moment of authorizing the transaction; (ii) the amount of the transaction is significantly higher than the expected amount which was usually charged by the payee for similar transactions, or on the basis of the Client’s arrangement with the payee. This shall not apply to cases where the amount of the transaction differs due to exchange of currency costs. (iii) Deadline. Client may demand restoring the amount of the transaction within 56 days as of the date of the debiting of Client’s account by providing also documents evidencing the circumstances described above; When the consent for the transaction was made directly before the Issuer and, if applicable, the payee or its payment service provider had provided the Client with information about the transaction at least 28 days before its execution, Client shall not be entitled to request restoring of the transaction initiated by or through the payee. 13.6. In case of unauthorized, incorrect or delayed transaction the Issuer shall conduct a procedure for proving authentic and correct execution of payment transaction and if this procedure is completed in the Client’s favor, the Issuer shall reverse the operation and return the amount, less the applicable fee in the Tariff, within the deadline provided in the law. 13.7. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD GiftCard breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD GiftCard willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARDGiftCard; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD GiftCard failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD GiftCard of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawals.

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials, providing access to Client E-Wallet, e-money or Card or other. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account E-Wallet and/or GIFTCARD Card or other payment instrument without undue delay in the day when the GIFTCARD Client E-Wallet was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD accountClient e-money or Card. 13.4. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgementsjudgments, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD the e-money or Card/s breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD the e-money or Card/s willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARDthe Cards and/or e-money; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD e-money or Card/s failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client under this Agreement by debiting or withdrawing directly funds from GIFTCARD of the Client’s e-money or PremioCard, or from Security provided by Client (if Security is provided), or any outstanding sums owed by Issuer to Client, including by debiting or charging other E-Wallet of Client with Issuer or the Funding instrument of Client, linked to the E-Wallets (if there is such). Issuer will inform Client on the ground, amount and value date of such withdrawals. 13.5. In case of delay for payment of amounts due to Issuer Client shall owe a penalty for delay in the amount of the statutory interest for delay for each day of delay from date of delay until payment of the full amount.

Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders. 13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials. 13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account and/or GIFTCARD without undue delay in the day when the GIFTCARD was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD account. 13.4. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-sub- contractors, or 3rd parties using GIFTCARD breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of the Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using GIFTCARD willful acts or omissions, gross negligence, or other similar wrongdoings, or fraud, charge back, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of GIFTCARD; or (c) arising from Client’s or his employees, agents or sub-contractors, or end customers or 3rd parties using the GIFTCARD failure to comply with any law or regulation including but not limited to AML, data protection laws, cardholder data information and other rules and regulations. Client agrees that Issuer is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from GIFTCARD of Client, or any outstanding sums owed by Issuer to Client, including by debiting or charging the Funding instrument of Client. Issuer will inform Client on the ground, amount and value date of such withdrawals.