Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service provided to you under this agreement. We do not and cannot warrant that BRED Fiji Connect will operate without errors, or that BRED Fiji Connect services will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access to BRED Fiji Connect, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BRED Bank exceed the amounts paid by you for the services provided to you through BRED Fiji Connect. You are solely responsible for your own devices to access BRED Fiji Connect services including, but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and our Digital Banking Service. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures or such separate agreements, notices or disclosure limits our liability to you to a lesser extent, in which case this section shall govern to the extent permissible by law. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Digital Banking Service provided to you under this agreementAgreement. We do not and cannot warrant that BRED Fiji Connect our Digital Banking Service will operate without errors, or that BRED Fiji Connect services any or all of our Digital Banking Service will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that we, our affiliates, and our and their officers, directors, shareholders, employees, agents or contractors (collectively, “Bank Parties”) are not liable for any indirect, incidental, special special, punitive or consequential damages under or by reason of any services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji Connectour Digital Banking Service, including including, without limiting the generality of this disclaimer, loss of profits, revenue, data or use by you or any third partyparty or attorneys’ fees, whether in an action in contract or tort or based on a warrantywarranty even if we are advised in advance of the possibility of such damages. FurtherExcept as otherwise required by law and not modifiable by contract, in no event shall the liability of BRED the Bank Parties exceed the amounts paid by you for the services provided to you through BRED Fiji Connectour Digital Banking Service for the 12 month period preceding the event giving rise to the liability. You Any part of this Agreement that says we are solely responsible not obligated to complete a transaction shall not be interpreted to mean we are liable, or accept any risk, if we do complete it. We will not be obligated to honor, in whole or in part, any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Digital Banking Service or Account; • we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra‐day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your own devices to access BRED Fiji Connect services protection. If any of your systems, devices, applications or databases, including, but not limited to, email account or telephone, are compromised and that compromise in any way facilitates the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost perpetration of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for fraud involving any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lostAccount, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:bear all Loss (as defined below) related in any way to such fraud.
Appears in 1 contract
Samples: Digital Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kindOur liability to you is explained in the agreements, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service notices and disclosures provided to you under this agreementfrom time to time for your Linked Accounts. This section applies only to the extent not otherwise provided for. Under no circumstances will we have any liability to you for failing to provide you access to your Linked Accounts through Online Banking Services. Our sole obligation to you arising out of the non- availability of the Online Banking Service shall be to use commercially reasonable efforts to resume such services. Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider. We are not responsible for any loss or damage resulting from an interruption in your electrical or telephone service; from disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; from interruption or disruption from your cellular provider or from any defect or malfunction of your PC, modem, VoIP, electronic devices or telephone service. We will, however, be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Banking Services. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SB ONE BANK ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that BRED Fiji Connect SB One Bank Online Banking will operate without errors, or that BRED Fiji Connect services any or all SB One Bank Online Banking Services will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji ConnectSB One Bank Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BRED SB One Bank and its affiliates exceed the amounts paid by you for the services provided to you through BRED Fiji ConnectSB One Bank Online Banking except as specifically provided in this Agreement. You are solely responsible for your own devices to access BRED Fiji Connect services including, but not limited toIn addition, the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your PC, software, modem, VoIP, electronic devices, telephone or other property resulting from any electronic virus or viruses that you may encounter. We suggest that you routinely scan all of your equipment or the data resident thereonusing a virus protection product. It is An undetected virus may corrupt and destroy your responsibility to protect programs, files, and your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:hardware.
Appears in 1 contract
Samples: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We will make reasonable efforts to ensure full performance of Online Banking. We are responsible for acting only on those instructions sent through Online Banking that are actually received by us and we cannot assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages you send. Neither are we responsible for any losses or delays in transmission of instructions arising out of the use of any Online Service Provider or caused by any browser software. Firstrust is also not responsible for any compromise of your information including but not limited to passwords and other access codes, systems, disruption of service or the processing of unauthorized transactions caused by your use of a wireless network or other unauthorized access to or alteration of your transmissions or data. Firstrust is not responsible should you give incorrect instructions. Any information you receive from Firstrust is believed to be reliable, however, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We do not and cannot warrant that Online Banking and/or Xxxx Pay will operate without errors, or that any or all Services will be available and operational at all times. You acknowledge that the continued availability of third party services is not within our control and agree that we will not be liable for any damages, loss of use, or inability to use, the Online Banking services in the event such third party services are unavailable. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information. Although we attempt to provide accurate information on Online Banking, we make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Services provided to you under this agreementAgreement. We do Our responsibility is limited to our exercise of reasonable and ordinary care. Any internal policies and procedures that we maintain are solely for our own purposes and will not impose a higher standard of care than otherwise would apply by law without such policies and cannot warrant that BRED Fiji Connect will operate without errors, or that BRED Fiji Connect services will be available and operational at all timesprocedures. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential economic or other damages arising under or by reason of any services Services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji ConnectOnline Banking and/or Xxxx Pay, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warrantywarranty even if we are advised of the possibility of such damages. Further, in no event shall the liability of BRED Bank Firstrust and its affiliates exceed the amounts paid by you for the services provided to you through BRED Fiji ConnectOnline Banking and/or Xxxx Pay. As a condition of your use of the Services, you warrant to us that you will not use the Services for unlawful purposes; in ways which are prohibited by this Agreement or which could damage or disable the Services. You are solely responsible for your own devices also warrant that you will not, by using networks through which you access the services, attempt to access BRED Fiji Connect services includingany account for which you have no authorization or otherwise interfere with any other party's use and enjoyment of the Services. You agree to indemnify and hold us harmless from any breach of your warranty, including but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank to any claim made by any third party that is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being or arises out of your use of our Services. Your obligation to indemnify and hold us harmless extends to any judgments, awards, settlements and costs, including reasonable attorneys' fees, which stem from a breach of your warranty or any claims made by any third party which is due to or arises out of your use of our Services. Internet gambling may be illegal in the jurisdiction in which the person accessing Online Banking is located, including locations within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the sameUnited States. You agree that BRED Bank you will only use Online Banking for legal purposes and transactions. Your obligations hereunder shall survive your termination of access or use of Online Banking or nonuse of any service, information or material. Exercise caution when using consolidation sites. Consolidation Sites (also known as "account aggregators" or "screen scrapers") are Internet sites that provide the ability to collect on one integrated website key information about you such as bank balances, investments, and emails. For example, you may be encouraged to provide a consolidation site with your personal financial information, such as your Login ID and Password for Online Banking. YOU SHOULD NEVER PROVIDE THIS INFORMATION TO A SITE THAT YOU DO NOT RECOGNIZE AND FULLY TRUST. We are not liable for any transactions that you initiate through a consolidation site or that are initiated through a consolidation site using your Login ID and/or Password. All transactions initiated by a consolidation site using access information you provided are considered to be authorized by you, whether or not you were aware of the specific transactions. We are also not liable if:for any loss of information or funds from your account that occur as a result of your use of a website that is not the valid Online Banking - even though it may appear to Firstrust Bank's website. If necessary, you may cancel your access or change your password for Online Banking at any time. However, we do not guarantee that this will restrict any Consolidation Sites to which you have previously given authority from accessing your bank information in the future.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kindService has bugs. While we will monitor the Service and try to fix bugs that we spot or are notified to us, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service provided to you under this agreement. We do not and accept that we cannot warrant guarantee that BRED Fiji Connect the Service will operate without errorsbe bug-free or will work all the time. THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND ONE WIFI DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. IF YOU HAVE CONCERNS YOU SHOULD NOT USE THE SERVICE OR SERVICE. WE CANNOT GUARANTEE THAT YOUR USE OF THE WIRELESS SERVICES THROUGH ONE WIFI , INCLUDING THE CONTENT OR COMMUNICATIONS TO OR FROM YOU, WILL NOT BE VIEWED BY UNAUTHORIZED THIRD PARTIES. Except for certain products and services specifically identified as being offered by One WiFi , One WiFi does not control any materials, information, products, or that BRED Fiji Connect services will on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be available offensive to you. One WiFi has no control over and operational at all timesaccepts no responsibility for such materials. Except as specifically provided in this Terms You assume full responsibility and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable risk for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access to BRED Fiji Connect, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BRED Bank exceed the amounts paid by you for the services provided to you through BRED Fiji Connect. You and the Internet and are solely responsible for your own devices to access BRED Fiji Connect services includingevaluating the accuracy, but not limited to, the computer and/or mobile devicecompleteness, and Internet access usefulness of all services, products, and browser softwareother information, and the quality and merchantability of all merchandise provided through the service or the Internet. BRED Bank is NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, ARE MADE BY LICENSOR WITH RESPECT TO THE SERVICE AND THE ACCOMPANYING DOCUMENTATION (STATUTORY OR OTHERWISE), AND ONE WIFI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ONE WIFI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU assume the entire risk as to the results and performance of the ONE WIFI SERVICE. Some states/jurisdictions do not responsible for errorsallow the exclusion of implied warranties, delaysso the above exclusion may not apply. IN NO EVENT SHALL ONE WIFI OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REVENUE, LOSS OF SERVICE OR ANY DATA, LOSS OF USE OF HARDWARE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, WAIST OF MANAGEMENT OR OTHER STAFF TIME OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THESE ONE WIFI SERVICE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Subject to Sections 8(b) and 8(c), One WiFi 's total aggregate liability arising from or inability in connection with this Agreement and in relation to access BRED Fiji Connect caused by your equipment which anything that One WiFi may have done or software. BRED Bank is not responsible for done in connection with this Agreement (and whether the cost liability arises because of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible breach of contract, negligence or for any damage other reason) shall be limited in all cases to an amount equal to 125% of the total amount of fees paid or payable by you to One WiFi during the one year period preceding the event giving rise to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:claim.
Appears in 1 contract
Samples: Terms of Service
Disclaimer of Warranty and Limitation of Liability. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and our Online Banking Service. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures or such separate disclosure limits our liability to you to a lesser extent, in which case this section shall govern to the extent permissible by law. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Online Banking Service provided to you under this agreementAgreement. We do not and cannot warrant that BRED Fiji Connect our Online Banking Service will operate without errors, or that BRED Fiji Connect services any or all of our Online Banking Service will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that we, our affiliates and our and their officers, directors, employees, agents or contractors (collectively, “Bank Parties”) are not liable for any indirect, incidental, special special, punitive or consequential damages under or by reason of any services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji Connectour Online Banking Service, including including, without limiting the generality of this disclaimer, loss of profits, revenue, data or use by you or any third partyparty or attorneys’ fees, whether in an action in contract or tort or based on a warrantywarranty even if we are advised in advance of the possibility of such damages. Further, in In no event shall the liability of BRED the Bank Parties exceed the amounts paid by you for the services provided to you through BRED Fiji Connectour Online Banking Service for the 12 month period preceding the event giving rise to the liability. You are solely responsible for your own devices If any provision in this Agreement that limits our liability or assigns risk to access BRED Fiji Connect services including, but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank you is not responsible for errorsenforceable, delaysthen you and we agree that it should nevertheless be enforceable to the maximum extent legally permissible. If any such provision is too broad in scope to be fully enforceable, then a court shall deem it revised by the minimum reduction necessary to cause it to be enforceable (i.e. leaving the maximum permissible limitation of our liability or inability assignment of risk to access BRED Fiji Connect caused by your equipment or softwareyou). BRED Bank is Any part of this Agreement that says we are not responsible for the cost of upgrading equipment obligated to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank complete a transaction shall not be responsible for interpreted to mean we are liable or accept any failure on your part risk if we do complete it. We will not be obligated to utilize honor, in whole or in part, any transaction or instruction which: • is not in accordance with any term or condition applicable to the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you relevant Online Banking Service or Account; • we have reason to believe that may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Mobile Phone Number Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is / has been allotted not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to another person and / or there has been an unauthorised transaction in the Account and / honor for our or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:protection.
Appears in 1 contract
Samples: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and our Online Banking Service. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures or such separate agreements, notices or disclosure limits our liability to you to a lesser extent, in which case this section shall govern to the extent permissible by law. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Online Banking Service provided to you under this agreementAgreement. We do not and cannot warrant that BRED Fiji Connect our Online Banking Service will operate without errors, or that BRED Fiji Connect services any or all of our Online Banking Service will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that we, our affiliates, and our and their officers, directors, shareholders, employees, agents or contractors (collectively, “Bank Parties”) are not liable for any indirect, incidental, special special, punitive or consequential damages under or by reason of any services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji Connectour Online Banking Service, including including, without limiting the generality of this disclaimer, loss of profits, revenue, data or use by you or any third partyparty or attorneys’ fees, whether in an action in contract or tort or based on a warrantywarranty even if we are advised in advance of the possibility of such damages. FurtherExcept as otherwise required by law and not modifiable by contract, in no event shall the liability of BRED the Bank Parties exceed the amounts paid by you for the services provided to you through BRED Fiji Connect. You are solely responsible for your own devices to access BRED Fiji Connect services including, but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible our Online Banking Service for the cost 12 month period preceding the event giving rise to the liability. Any part of upgrading equipment this Agreement that says we are not obligated to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank complete a transaction shall not be responsible for interpreted to mean we are liable, or accept any failure on your part risk, if we do complete it. We will not be obligated to utilize honor, in whole or in part, any transaction or instruction which: • is not in accordance with any term or condition applicable to the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you relevant Online Banking Service or Account; • we have reason to believe that may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Mobile Phone Number Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is / has been allotted not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to another person and / or there has been an unauthorised transaction in the Account and / honor for our or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:protection.
Appears in 1 contract
Samples: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Online Banking or mobile banking services provided to you under this agreementAgreement. We do not and cannot warrant that BRED Fiji Connect Online Banking will operate without errors, or that BRED Fiji Connect any or all Online Banking services will be available and operational at all times. Except as specifically provided in this Terms and AgreementEXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, or otherwise required by lawOR OTHERWISE REQUIRED BY LAW, you agree that our officersYOU AGREE THAT OUR OFFICERS, directorsDIRECTORS, employeesEMPLOYEES, agents or contractors are not liable for any indirectAGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, incidentalINCIDENTAL, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access to BRED Fiji ConnectSPECIAL OR CONSEQUENTIAL DAMAGES OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO ONLINE BANKING, including loss of profitsINCLUDING LOSS OF PROFITS, revenueREVENUE, data or use by you or any third partyDATA OR USE BY YOU OR ANY THIRD PARTY, whether in an action in contract or tort or based on a warrantyWHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FurtherFURTHER, in no event shall the liability of BRED Bank exceed the amounts paid by you for the services provided to you through BRED Fiji ConnectIN NO EVENT SHALL THE LIABILITY OF RCB BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH ONLINE BANKING. You are solely responsible for your own devices to access BRED Fiji Connect services including, but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost activity performed through Online Banking using your access information, including any activity performed by others who use your access information whether or not authorized by you as disclosed in our Electronic Fund Transfer Disclosure. You also agree to review your account activity, both online and through the periodic statements. Any questions or concerns about any activity should be directed to our Customer Service as provided in your Electronic Fund Transfer Disclosure. You agree not to use Online Banking to conduct any activity that is illicit or illegal. You agree to comply with all applicable federal and state laws, NACHA Operating Rules, and the terms and conditions of upgrading equipment this Agreement, and any other Deposit Account Agreement or Disclosure by reference, in regards to stay current with this Online Banking service or any transaction or functions performed using this service. In the Internet event of a conflict between this Agreement and Mobile any other Disclosure or Agreement provided, the Deposit Account Agreement will take precedence over this Agreement. You agree to provide and maintain the appropriate and required system hardware and software necessary to access the Online Banking service per our system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service providermodem specifications. If you have reason decide not to believe maintain such hardware and software, you may cancel the service at any time by contacting Customer Service. We are responsible for taking all reasonable measures to ensure that the Mobile Phone Number Online Banking service is / has been allotted available and functioning optimally, reserving the right to another person temporarily remove the service from access for maintenance or upgrades from time to time. We also accept responsibility to process any function or transaction requested by you through the service in a timely manner when submitted within the terms and / conditions of this Agreement. We will provide you with the system specifications for this service and of any amendments as they occur from time to time. We accept no responsibility, and you agree to hold us harmless, from any delay or there has been inaccuracy of any transaction or function due to an unauthorised transaction interruption or loss of communications in the Account and / service provided by your Internet or browser provider, or your mobile phone handset is lostsystem hardware or software, to the extent allowed by state and federal law. We also accept no responsibility, and you shall immediately inform BRED Bank of agree to hold us harmless, for any system virus or other system problem attributable to the same. You agree that BRED Bank shall not be liable if:Online Banking service or to your Internet service provider.
Appears in 1 contract
Samples: Electronic Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We make 1. Use of this site is at your sole risk all materials, information, products, software, programs and services are provided “as is” with no warranty of any kindwarranties or guarantees whatsoever. Service Today expressly disclaims to the fullest extent permitted by law all express, express or implied, statutory and other warranties, guarantees, or representations, including any implied warranty without limitation, the warranties of merchantability or merchantability, fitness for a particular purpose, non-infringement of proprietary and intellectual property rights without limitation, Service Today makes no warranty or guarantee that this Website will be uninterrupted, timely, secure or error-free.
2. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, and services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
3. In no event will Service Today, its directors, employees, consultants, contractors or licensees be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website, or of any site or resource linked to, referenced or accessed through this Website, or for the use or downloading of, or access to, any materials, information, products and services, including, without limitation, any lost profits, business interruption, lost savings, loss of programs or other data, even if Service Today is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other legal theories.
4. Where this Website contains references, links or referrals to other websites or products and services provided by other parties these references, links and referrals are provided as a guide only and you must inform yourself and rely upon your own enquiries in connection with relation to the BRED Fiji Connect service provided to you under this agreementother parties website terms and conditions, privacy policies, products and or services.
5. We do not and cannot warrant that BRED Fiji Connect will operate without errors, or that BRED Fiji Connect services will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access to BRED Fiji Connect, including loss of profits, revenue, data or use by you or control any third party, whether in an action in contract recommend or tort or based endorse their products and services unless expressly done so on a warrantyour Website. Further, in no In any event shall the liability of BRED Bank exceed the amounts paid by you we will not be held liable for the actions, conduct, products and services provided to you through BRED Fiji Connectoffered by any third parties on our Website. You are solely responsible for use the other parties website at your own devices to access BRED Fiji Connect services including, but not limited to, the computer and/or mobile device, risk and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure must rely on your part own enquires and judgment in deciding to utilize the facility due to not being within the geographical range within which the facility is offered use their website, products and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:services.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. We (a) WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY PROPRIETARY RIGHTS, IN CONNECTION WITH THE ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT.
(b) Bank agrees to make no warranty reasonable efforts to ensure full performance of any kind, express or implied, including any implied warranty of merchantability or fitness the Online Banking Services. Bank will be responsible for a particular purpose, in connection with acting only on those instructions sent through the BRED Fiji Connect service provided to you under this agreement. We do not Online Banking Services which are actually received and cannot warrant assume responsibility for malfunctions in communications facilities not under its control that BRED Fiji Connect will operate without errorsmay affect the accuracy or timeliness of messages you send. Bank is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Any information you receive from Bank can only be provided on a best efforts basis for your convenience and is not guaranteed. Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Bank is not responsible for any computer virus or related problems which may be attributable to the Online Banking Services or to any services provided by any Internet Services Provider. In the absence of negligence on the part of Bank, none of Bank, any of its affiliates or any of their respective officers, directors, employees or agents, is responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of the Online Banking Services. Because some states do not allow the exclusion of limitation of liability for consequential or incidental damages, in such states the liability of the foregoing entities and individuals is limited to the extent permitted by law. With respect to Bill Pay, Bank has no duty to monitor the payments that are made through the Service. If you are a business and an authorized representative of yours uses your Bill Pay Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such use.
(c) With respect to business Accounts and use of the Online Banking Services, if we fail or delay in making a transfer pursuant to your instructions, or that BRED Fiji Connect services will be available and operational at all times. Except as specifically provided if we make a transfer in this Terms and Agreementan erroneous amount which is less than the amount per your instructions, or unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely transfer, calculated from the date on which the transfer was to be made until the date it was actually made or you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access canceled the instructions. We may pay such interest either to BRED Fiji Connect, including loss of profits, revenue, data or use by you or any third partythe intended recipient of the transfer, whether in an action in contract or tort or based on a warranty. Further, but in no event shall will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of BRED Bank the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed the amounts paid by 60 days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the services provided to you through BRED Fiji Connect. You are solely responsible for your own devices to access BRED Fiji Connect services including, but not limited to, average federal funds rate at the computer and/or mobile device, and Internet access and browser software. BRED Federal Reserve Bank in the district where the Bank is not responsible headquartered for errorseach day interest is due, delayscomputed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, or inability to access BRED Fiji Connect caused by your equipment or softwareIN NO EVENT WILL BANK, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS BE LIABLE TO YOU FOR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF PRIVACY ARISING IN CONNECTION WITH YOUR USE OF THE SITE; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE; OR THE PURCHASE OR USE OF ANY GOODS OF MERCHANTS OR SUPPLIERS THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(d) THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN BANK AND YOU. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereonBANK WOULD NOT BE ABLE TO PROVIDE THE ONLINE BANKING SERVICES WITHOUT SUCH LIMITATIONS.
(e) WE DO NOT AND CANNOT WARRANT THAT ONLINE BANKING WILL OPERATE WITHOUT ERRORS OR THAT ANY OR ALL ONLINE BANKING SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. It is your responsibility to protect your computer from allEXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO ONLINE BANKING, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON WARRANTY. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service providerFURTHER, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:IN NO EVENT SHALL THE LIABILITY OF BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH ONLINE BANKING.
Appears in 1 contract
Samples: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We will make reasonable efforts to ensure full performance of Online Banking. We are responsible for acting only on those instructions sent through Online Banking that are actually received by us and we cannot assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages you send. Neither are we responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Advanced Financial is also not responsible for any compromise of your information including but not limited to passwords and other access codes, systems, disruption of service or the processing of unauthorized transactions caused by your use of a wireless network or other unauthorized access to or alteration of your transmissions or data. Advanced Financial is not responsible should you give incorrect instructions. Any information you receive from Advanced Financial is believed to be reliable, however, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We do not and cannot warrant that Online Banking and/or Bill Pay will operate without errors, or that any or all Services will be available and operational at all times. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information. Although we attempt to provide accurate information on Online Banking, we make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Services provided to you under this agreementAgreement. We do Our responsibility is limited to our exercise of reasonable and ordinary care. Any internal policies and procedures that we maintain are solely for our own purposes and will not impose a higher standard of care than otherwise would apply by law without such policies and cannot warrant that BRED Fiji Connect will operate without errors, or that BRED Fiji Connect services will be available and operational at all timesprocedures. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential economic or other damages arising under or by reason of any services Services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji ConnectOnline Banking and/or Bill Pay, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warrantywarranty even if we are advised of the possibility of such damages. Further, in no event shall the liability of BRED Bank Advanced Financial and its affiliates exceed the amounts paid by you for the services provided to you through BRED Fiji ConnectOnline Banking and/or Bill Pay. As a condition of your use of the Services, you warrant to us that you will not use the Services for unlawful purposes; in ways which are prohibited by this Agreement or which could damage or disable the Services. You are solely responsible for your own devices also warrant that you will not, by using networks through which you access the services, attempt to access BRED Fiji Connect services includingany account for which you have no authorization or otherwise interfere with any other party’s use and enjoyment of the Services. You agree to indemnify and hold us harmless from any breach of your warranty, including but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank to any claim made by any third party that is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being or arises out of your use of our Services. Your obligation to indemnify and hold us harmless extends to any judgments, awards, settlements and costs, including reasonable attorneys’ fees, which stem from a breach of your warranty or any claims made by any third party which is due to or arises out of your use of our Services. Internet gambling may be illegal in the jurisdiction in which the person accessing Online Banking is located, including locations within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the sameUnited States. You agree that BRED Bank you will only use Online Banking for legal purposes and transactions. Your obligations hereunder shall survive your termination of access or use of Online Banking or nonuse of any service, information or material. Exercise caution when using consolidation sites. Consolidation Sites (also known as "account aggregators" or "screen scrapers") are Internet sites that provide the ability to collect on one integrated website key information about you such as bank balances, investments, and emails. For example, you may be encouraged to provide a consolidation site with your personal financial information, such as your Login ID and Password for Online Banking. YOU SHOULD NEVER PROVIDE THIS INFORMATION TO A SITE THAT YOU DO NOT RECOGNIZE AND FULLY TRUST. We are not liable for any transactions that you initiate through a consolidation site or that are initiated through a consolidation site using your Login ID and/or Password. All transactions initiated by a consolidation site using access information you provided are considered to be authorized by you, whether or not you were aware of the specific transactions. We are also not liable if:for any loss of information or funds from your account that occur as a result of your use of a website that is not the valid Online Banking – even though it may appear to Advanced Financial’s website. If necessary, you may cancel your access or change your password for Online Banking at any time. However, we do not guarantee that this will restrict any Consolidation Sites to which you have previously given authority from accessing your bank information in the future.
Appears in 1 contract
Samples: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We make no warranty CONSENT TO ELECTRONIC DELIVERY - You agree that any notice or other type of any kind, express communication provided to you pursuant to the terms of this Agreement may be made available to you electronically by posting the notice on the Bank System website. To the extent required by applicable law or implied, including any implied warranty of merchantability or fitness for a particular purpose, regulation. PRIVACY AND CONFIDENTIALITY - All information gathered from you in connection with using the BRED Fiji Connect service provided Service will be governed by the provisions of our consumer privacy policy (applicable to consumer accounts only), as well as our online privacy policy, which you agree to review by accessing on our homepage. In addition, we will disclose information to third parties about your account or the transfers you make: SECURITY INTEREST IN ACCOUNTS - You grant us a security interest in all accounts or other deposits (whether general or special) of yours at the Bank, to secure your obligations to us under this agreementAgreement. This security interest will survive termination of this Agreement. We do not and cannot warrant that BRED Fiji Connect will operate without errorsmay hold any funds on deposit with us by you after termination of this Agreement for up to 90 days following the expiration of any return or chargeback rights or, if later, until any other claims to such funds have expired. ELECTRONIC RECORDS AND SIGNATURES - When any Service generates items or that BRED Fiji Connect services will transactions to be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by lawcharged to your Account, you agree that our officers, directors, employees, agents or contractors are not liable we may charge the affected Account without requiring your signature on an item and without prior notice to you. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been "a writing" and authenticated by you "in writing" for any indirect, incidental, special or consequential damages under or by reason purposes of any services law in which a writing or products provided written signature is needed or required. All records maintained by us of transactions under this agreement your credentials shall be deemed to have been "signed" and to constitute an "original" when printed from records established and maintained by us or by reason our authorized agent in the normal course of business. You agree not to contest to the COMPLIANCE WITH LAWS AND RULES - You agree to comply with all state and federal laws, rules, and regulations applicable to you and to your use of or access to BRED Fiji Connectthe Services (the "Laws"), including loss the operating rules of profitsall systems used to provide Services to you (the "Rules"), revenueand to provide evidence reasonably satisfactory to us of the same if requested by us. You agree not to use the Service for any illegal purpose, data or use including but not limited to illegal Internet gambling. Without limitation, you agree and acknowledge that the Services may not be used by you in violation of the laws of the United States, including sanction laws administered by the Office of Foreign Asset Controls. You acknowledge and agree that the software you use to access Services may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations. You agree and certify that neither the software nor any direct product thereof is being or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BRED Bank exceed the amounts paid will be used by you for any purpose prohibited by these Acts. THIRD PARTIES - You acknowledge and agree that we may arrange to provide software, if required, and/or may arrange for the services Services covered by the Agreement to be performed or provided to you through BRED Fiji Connectby third parties, including our affiliates. You are solely responsible for your own devices further agree that any such party is a third-party beneficiary of the Agreement and as such is entitled to access BRED Fiji Connect services rely on, and avail itself of, the provisions of the Agreement as if it were us, including, but not limited towithout limitation, the computer and/or mobile devicelimitations on liability and the indemnities described in the Agreement. Our ability to provide certain Services may be dependent upon our ability to obtain or provide access to third-party networks. In the event, and Internet access and browser softwareany third-party network is unavailable or we determine in our sole discretion, that we cannot continue providing any third-party network access, we may discontinue the related Service or may provide the Service through an alternate third-party network. BRED Bank is not responsible for errorsIn such situations, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible we will have no liability for the cost unavailability or delay of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereonaccess. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. RELATIONSHIP TO THIRD PARTY SERVICE AGREEMENTS - You agree that BRED Bank shall not be liable if:UPLOADED CONTENT, LINKED SITES AND ADVERTISEMENTS - From
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kindOur liability to you is explained in the agreements, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service notices and disclosures provided to you under this agreementfrom time to time for your Linked Accounts. This section applies only to the extent not otherwise provided for. Under no circumstances will we have any liability to you for failing to provide you access to your Linked Accounts through Online Banking Services. Our sole obligation to you arising out of the non- availability of the Online Banking Service shall be to use commercially reasonable efforts to resume such services. Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider. We are not responsible for any loss or damage resulting from an interruption in your electrical or telephone service; from disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; from interruption or disruption from your cellular provider or from any defect or malfunction of your PC, modem, VoIP, electronic devices or telephone service. We will, however, be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Banking Services. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SUSSEX BANK ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that BRED Fiji Connect Sussex Bank Online Banking will operate without errors, or that BRED Fiji Connect services any or all Sussex Bank Online Banking Services will be available and operational at all times. Except as specifically provided in this Terms and Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji ConnectSussex Bank Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BRED Sussex Bank and its affiliates exceed the amounts paid by you for the services provided to you through BRED Fiji ConnectSussex Bank Online Banking except as specifically provided in this Agreement. You are solely responsible for your own devices to access BRED Fiji Connect services including, but not limited toIn addition, the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your PC, software, modem, VoIP, electronic devices, telephone or other property resulting from any electronic virus or viruses that you may encounter. We suggest that you routinely scan all of your equipment or the data resident thereonusing a virus protection product. It is An undetected virus may corrupt and destroy your responsibility to protect programs, files, and your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:hardware.
Appears in 1 contract
Samples: Online Banking Agreement
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BRED Fiji Connect service Online Banking Service provided to you under this agreementAgreement. We do The Bank does not and cannot warrant that BRED Fiji Connect Online Banking Service will operate without errors, or that BRED Fiji Connect services Online Banking Service will be available and operational at all times. Except as specifically provided in this Terms and AgreementConditions, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement Agreement or by reason of your use of or access to BRED Fiji ConnectOnline Banking Service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BRED Bank exceed the amounts paid by you for the services provided to you through BRED Fiji ConnectOnline Banking Service. You are solely responsible for your own devices to access BRED Fiji Connect Online Banking Service services including, but not limited to, the computer and/or mobile device, and Internet access and browser software. BRED Bank is not responsible for errors, delays, or inability to access BRED Fiji Connect Online Banking Service caused by your equipment or software. BRED Bank is not responsible for the cost of upgrading equipment to stay current with the Internet and Mobile Banking system nor is the BRED Bank responsible for any damage to your equipment or the data resident thereon. It is your responsibility to protect your computer from all. BRED Bank shall not be responsible for any failure on your part to utilize the facility due to not being within the geographical range within which the facility is offered and which forms part of the roaming network of such cellular service provider, provided services to you avail such roaming facility from the respective cellular phone service provider. If you have reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorised transaction in the Account and / or your mobile phone handset is lost, you shall immediately inform BRED Bank of the same. You agree that BRED Bank shall not be liable if:
Appears in 1 contract
Samples: Terms and Conditions