Common use of Damage Compensation Clause in Contracts

Damage Compensation. I. The Bank and the Applicant agree that any delays, omissions, or errors in transmitting or receiving electronic documents, which give rise to damages to the other party, shall be compensated by the party whom the cause is attributable to. II. The Applicant agrees that all the actions taken as a result of logging into the Services using the correct password or a method agreed to with the Bank shall be deemed to have been taken by the Applicant or a person authorized by the Applicant. The Bank may execute any instructions given with the use of a correct password or a method agreed to with the Bank without having to make certain whether the password has been used by the Applicant or an authorized person. The Bank shall not be held liable for the Applicant's losses arising from fraud or authorized or unauthorized use of the Services. The Bank shall be held liable for losses caused by unauthorized use of passwords as a result of the Bank failing to exercise due diligence in the management of its information system. III. Unless due to negligence attributable to it, the Bank shall not be held liable for mistakes or delays arising from the Applicant's use of equipment and its systems, telecommunications malfunction, or a third party's negligence, or for direct, indirect, or other losses caused by any Bank services. IV. If the system is temporarily out of service and the Applicant is unable to process or inquire about data, the Applicant shall inquire regarding how to access the required services via other methods, such as telephone, the Bank's voice portal or ATMs. If the Applicant fails to do so, the Applicant shall not refuse to fulfill his/her obligations arising from the use of the Bank's IC ATM cards, credit cards, or other services using said temporary suspension of service as an excuse. V. The Applicant agrees to access the Services by connecting to the Bank's official website or using the software it provides (e.g. apps). The Bank shall not be held liable for losses sustained by the Applicant as a result of personal information leakage resulting from using the Services through means other than the Bank's official website or software. Nevertheless, the Bank agrees to provide necessary assistance. VI. The Applicant agrees to use a private mobile device or other Web-accessible device to use the Services. The Bank shall not be held liable for losses sustained by the Applicant as a result of information leakage due to the use of third-party or public Wi-Fi. Nevertheless, the Bank agrees to provide necessary assistance.

Appears in 5 contracts

Samples: General Agreement for Account Opening, General Agreement for Account Opening, General Agreement for Account Opening

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Damage Compensation. I. The Bank and the Applicant agree that any delays, omissions, or errors in transmitting or receiving electronic documents, which give g ive rise to damages to the other party, shall be compensated by the party whom the cause is attributable to. II. The Applicant agrees that all the actions taken as a result of logging into the Services using the correct password or a method agreed to with the Bank shall be deemed to have been taken by the Applicant or a person authorized by the Applicant. The Bank may execute any instructions given with the use of a correct password or a method agreed to with the Bank without having to make certain whether the password has been used by the Applicant or an authorized person. The Bank shall not be held liable for the Applicant's losses arising arisi ng from fraud or authorized or unauthorized use of the Services. The Bank shall be held liable for losses caused by unauthorized use of passwords as a result of the Bank failing to exercise due diligence in the management of its information system. III. Unless due to negligence attributable to it, the Bank shall not be held liable for mistakes or delays arising from the Applicant's use of equipment and its systems, telecommunications malfunction, or a third party's negligence, or for direct, indirect, or other losses l osses caused by any Bank services. IV. If the system is temporarily out of service and the Applicant is unable to process or inquire about data, the Applicant shall inquire regarding how to access the required services via other methods, such as telephone, the Bank's voice portal or ATMs. If the Applicant fails to do so, the Applicant shall not refuse to fulfill his/her obligations arising from the use of the Bank's IC ATM cards, credit cards, or other services servi ces using said temporary suspension of service as an excuse. V. The Applicant agrees to access the Services by connecting to the Bank's official website or using the software it provides (e.g. apps). The Bank shall not be held liable for losses sustained by the Applicant as a result of personal information leakage resulting from using the Services through means other than the Bank's official website or software. Nevertheless, the Bank agrees to provide necessary assistanceassistan ce. VI. The Applicant agrees to use a private mobile device or other Web-accessible device to use the Services. The Bank shall not be held liable for losses sustained by the Applicant as a result of information leakage due to the use of third-party third -party or public Wi-Fi. Nevertheless, the Bank agrees to provide necessary assistance.

Appears in 1 contract

Samples: General Agreement for Account Opening

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