Common use of EXCLUSION OF FINANCIAL INSTITUTION Clause in Contracts

EXCLUSION OF FINANCIAL INSTITUTION. RESPONSIBILITY – XXXX is not responsible for any loss or damage suffered or incurred by the Member except to the extent caused by the gross negligence or intentional or willful misconduct of XXXX, and in any such case XXXX will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if XXXX has been advised of the possibility of such damages. In no event will XXXX be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by the Member that is caused by: a) the actions of, or any failure to act by, the Member, or any Third Party or their agent, including other financial institutions and their agents (and no Third Party will be considered to be acting as an agent for DUCA unless expressly authorized to do so); b) the inaccuracies in, or inadequacies of, any information provided by the Member to XXXX, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by XXXX to perform or fulfill any of its obligations to the Member, due to any cause beyond XXXX ’s control; or d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions. Without limiting the generality of the foregoing, XXXX will not be liable for: a) the nonpayment of any cheque, bank draft, settlement card, clearing house slip, or any other evidence of payment accepted in payment or as a remittance from any other financial institution or agent, including as a result of the default, neglect, or mistakes of any such financial institutions oragents; b) any loss, damage, or injury arising from the use of any Access Terminal including any mechanical or operational failure of any such Access Terminal, except that in the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Member will be liable only to the extent of any benefit they have received, and will be entitled to recover from XXXX any direct losses the Member may have suffered; or c) any action or failure to act of a Merchant or refusal by a Merchant to honor the Member’s Debit Card, whether or notsuch failure or refusal is the result of anyerror or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. The Member releases XXXX from liability for any such loss, damage, or injury.

EXCLUSION OF FINANCIAL INSTITUTION. RESPONSIBILITY – XXXX DUCA is not responsible for any loss or damage suffered or incurred by the Personal Member except to Agreement Terms and Conditions If the extent caused by the gross negligence or intentional or willful misconduct of XXXX, Member notified DUCA promptly and cooperated in any such case XXXX will not be liable for any indirectinvestigation, specialonce DUCA is satisfied that the Member complied with the requirements of this section 5 regarding Password confidentiality and is the victim of fraud, consequentialtheft, or exemplary damages (includingcoercion by trickery, but not limited to, loss of profits) regardless of the cause of action and even if XXXX has been advised of the possibility of such damages. In no event will XXXX be liable for any cost, lossforce, or damage (whether directintimidation, indirectthe Member will be entitled to recover from DUCA any direct losses from the Account in such fraud, specialtheft, or consequential) suffered by the Member that coercion incurred after notice is caused by:given to DUCA . a) the actions of, or any failure to act by, the Member, or any Third Party or their agent, including other financial institutions and their agents (and no Third Party will be considered to be acting as an agent for DUCA unless expressly authorized to do so); b) the inaccuracies in, or inadequacies of, any information provided by the Member to XXXXDUCA, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by XXXX DUCA to perform or fulfill any of its obligations to the Member, due to any cause beyond XXXX DUCA ’s control; or d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions. Without limiting the generality of the foregoing, XXXX DUCA will not be liable for: a) the nonpayment of any cheque, bank draft, settlement card, clearing house slip, or any other evidence of payment accepted in payment or as a remittance from any other financial institution or agent, including as a result of the default, neglect, or mistakes of any such financial institutions oragents; b) any loss, damage, or injury arising from the use of any Access Terminal including any mechanical or operational failure of any such Access Terminal, except that in the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Member will be liable only to the extent of any benefit they have received, and will be entitled to recover from XXXX DUCA any direct losses the Member may have suffered; or c) any action or failure to act of a Merchant or refusal by a Merchant to honor honour the Member’s Debit Card, whether or notsuch not such failure or refusal is refusalis the result of anyerror any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale TransactionSaleTransaction. The Member releases XXXX DUCA from liability for any such loss, damage, or injury.

EXCLUSION OF FINANCIAL INSTITUTION. RESPONSIBILITY – XXXX DUCA is not responsible for any loss or damage suffered or incurred by the Member except to the extent caused by the gross negligence or intentional or willful misconduct of XXXXDUCA, and in any such case XXXX DUCA will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if XXXX DUCA has been advised of the possibility of such damages. In no event will XXXX DUCA be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by the Member that is caused by: a) the actions of, or any failure to act by, the Member, or any Third Party or their agent, including other financial institutions and their agents (and no Third Party will be considered to be acting as an agent for DUCA unless expressly authorized to do so); b) the inaccuracies in, or inadequacies of, any information provided by the Member to XXXXDUCA, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by XXXX to perform or fulfill any of its obligations to the Member, due to any cause beyond XXXX ’s control; or d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions. Without limiting the generality of the foregoing, XXXX DUCA will not be liable for: a) the nonpayment of any cheque, bank draft, settlement card, clearing house slip, or any other evidence of payment accepted in payment or as a remittance from any other financial institution or agent, including as a result of the default, neglect, or mistakes of any such financial institutions oragents; b) any loss, damage, or injury arising from the use of any Access Terminal including any mechanical or operational failure of any such Access Terminal, except that in the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Member will be liable only to the extent of any benefit they have received, and will be entitled to recover from XXXX DUCA any direct losses the Member may have suffered; or c) any action anyaction or failure to act of a Merchant or refusal by a Merchantor refusalbya Merchant to honor the Member’s Debit CardDebitCard, whether or notsuch failure or refusal is the result of anyerror any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. The Member releases XXXX DUCA from liability for any such loss, damage, or injury.

EXCLUSION OF FINANCIAL INSTITUTION. RESPONSIBILITY – XXXX DUCA is not responsible for any loss or damage suffered or incurred by the Member except to the extent caused by the gross negligence or intentional or willful wilful misconduct of XXXXDUCA, and in any such case XXXX DUCA will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if XXXX DUCA has been advised of the possibility of such damages. In no event will XXXX DUCA be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by the Member that is caused by: a) the actions of, or any failure to act by, the Member, or any Third Party or their agent, including other financial institutions and their agents (and no Third Party will be considered to be acting as an agent for DUCA unless expressly authorized to do so); b) the inaccuracies in, or inadequacies of, any information provided by the Member to XXXXDUCA, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by XXXX DUCA to perform or fulfill any of its obligations to the Member, due to any cause beyond XXXX DUCA ’s control; or d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions. Without limiting the generality of the foregoing, XXXX DUCA will not be liable for: a) the nonpayment of any cheque, bank draft, settlement card, clearing house slip, or any other evidence of payment accepted in payment or as a remittance from any other financial institution or agent, including as a result of the default, neglect, or mistakes of any such financial institutions oragents; b) any loss, damage, or injury arising from the use of any Access Terminal including any mechanical or operational failure of any such Access Terminal, except that in the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Member will be liable only to the extent of any benefit they have received, and will be entitled to recover from XXXX DUCA any direct losses the Member may have suffered; or c) any action or failure to act of a Merchant or refusal by a Merchant to honor honour the Member’s Debit Card, whether or notsuch not such failure or refusal is the result of anyerror any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-of- Sale Transaction. The Member releases XXXX DUCA from liability for any such loss, damage, or injury.