Common use of EXCLUSION OF LIABILITY Clause in Contracts

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 17 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to younotice. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 13 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 10 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the reasonable discretion to use such agents, contractors and/or correspondents as we deem fi t fit to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 8 contracts

Samples: Customer Agreement, Cuc Customer’s Agreement, Cuc Customer’s Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time 9.1 If any other provision in this Agreement is inconsistent with this Clause 9, this Clause 9 prevails to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use extent of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to youinconsistency. 13.2 You will not hold us responsible for goods 9.2 Unless the loss and damage is reasonably foreseeable, direct and caused directly and solely by our negligence or services supplied by any merchant (whether introduced by us to you wilful default or otherwise) or that of our employees acting in the quality or performance course of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditionsemployment, we are not liable to you for any lossloss or damage howsoever caused, damage, inconvenience, embarrassment, cost and expense including without limitation any loss or damage arising from:- (a) the refusal of any nature which in merchant to accept or honor the Card; (b) our refusal to grant credit authorization for any way may be suffered retail purchase or incurred other transaction notwithstanding the availability of credit under the Card Account; (c) the quality and condition of the goods or services supplied to the Cardholder by you using the Card; (d) any disputes between the merchant and the Cardholder and any complaints or claims against the merchant by the Cardholder. The Cardholder must resolve any such disputes with the merchant or the Cardholder must complain or claim against the merchant without involving us. The Cardholder’s disputes, complaints or claims against the merchant will not give the Cardholder any rights to set off or counter claim against us or relieve his obligation to us; (e) the malfunction of any Terminal; (f) the use of the Card and/or services by any other person in respect of whether or in connection with not authorized by the use Cardholder, until we have received proper notice that the Card or attempted use of your Citibank ATM/Debit Card, the CIN Card Account Number or PIN and/or these Terms has been lost or stolen as we require in Clause 10.1; (g) our demand and Conditions, including, without prejudice procurement of the Cardholder’s surrender of the Card prior to the generality expiry date (whether we or our authorized person make such demand or procurement); (h) our reduction of the foregoing, Credit Limit or Combined Credit Limit or termination of any repossession of the Citibank ATM/Debit Card or Card Account; (i) any request for its return; misstatement, misrepresentation, error or omission in any malfunction or failure detail disclosed by us pursuant to Clause 13 of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.this Agreement;

Appears in 4 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

EXCLUSION OF LIABILITY. 13.1 (a) We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will are not hold us responsible for products, goods or services supplied by any merchant (whether introduced by us to you merchant, establishment, the Participant or otherwise) Participating Outlet or the quality or performance of any goods contract or services quality of any product, good or service supplied pursuant to or in relation to any Cash Withdrawal, Cash Advance Card Transaction and/or any ATM Card Transaction. If you have any complaint against any merchant You are to seek redress directly from such merchant, establishment, the Participant or Participating Outlet in respect of such products, goods or services. (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your b) Your liability owing to us will is not be affected by such any dispute or any counterclaim or right of set-off which you may have against such merchant, establishment, the Participant or Participating Outlet. Your rights under these Terms and Conditions are not In particular, we shall be entitled to be assigned debit the Account in respect of any Card Transaction and/or any ATM Card Transaction notwithstanding the incomplete or otherwise disposed ofnon-performance of any contract, or the incomplete or non-delivery of or any defect in any product, good or service obtained pursuant to that Card Transaction and/or any ATM Card Transaction. 13.3 (c) You will shall not hold us or any card brands with which we have a contractual relationship (including but not limited to Mastercard Worldwide/Visa International Service Association) responsible for the availability, use, act, omission, loss or damage suffered howsoever arising from and in connection with the use of any medical, legal or transportation service. (d) We shall not be liable for any loss you may incur in connection with the use of the Card or ATM Card howsoever arising. 13.2 We shall not be responsible or liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any inconvenience, loss, damage, inconvenience, embarrassment, cost and or expense of any nature which in any way may be or embarrassment or injury suffered or incurred by you or by any other person in respect third party resulting from, arising out of or in connection with any of the following:- (a) if any merchant, establishment, the Participant or Participating Outlet refuses to accept or honour the Card for any reason; (b) any refusal by us to authorise or approve any Card Transaction or ATM Card Transaction; (c) if you are deprived of the use of any services, machinery, equipment, products and/or systems (whether electronic, telecommunicative or attempted use otherwise) as a consequence of your Citibank ATM/Debit Cardany action by us or any merchant, establishment, the CIN Participant or PIN and/or these Terms and ConditionsParticipating Outlet; (d) if we are unable to perform our obligations under this Agreement due, includingdirectly or indirectly, without prejudice to the generality failure, defect or malfunction of any machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the foregoingcontrol of us, our servants or agents; (e) for any injury to your credit, character and reputation in and about any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; ; (f) any damage to or loss of the Citibank ATM/Debit Card; and any or inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card any microchip or circuit howsoever caused, save caused or any failure in the case performance or function or breakdown or disruption of any of our fraudcomputers (whether hardware or software), gross negligence machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) maintained by, used for, us or in connection with our business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and wilful defaultsystems or any one or more of them to accept, recognise, store, process and/or transmit dates or data with respect to dates; (g) the unauthorised use of the Card and/or Account or any facilities in connection therewith, any Card Transaction or ATM Transaction effected by an unauthorised person; (h) any delay in the release of any amount placed on hold on the Account; (i) any failure by us to honour cheques drawn or follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by you or anyone due to insufficient available balance in the Account which but for the amount placed on hold or the delay in releasing the hold, would have a sufficient available balance to honour such cheques or follow such payment instructions; and (j) any hold placed on the Account upon receipt of a request for authorisation of a Card Transaction or notice of a Card Transaction or ATM Card Transaction or a request for payment was presented to us (including but not limited to a presentment by electronic means) notwithstanding that such requests or notices were unauthorised or forged or that the Card Transaction or ATM Card Transaction was not carried out or was rescinded. 13.5 You agree that we have 13.3 Without prejudice to the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any generality of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditionsprovisions of this Clause 13, we are not liable in any way to you for any actother loss, omissiondamage, neglect cost or wilful default on expense of any nature arising out of or in connection with the part use of such agents, contractors the Card and/or correspondentsthis Agreement.

Appears in 2 contracts

Samples: Debit Cardmember Agreement, Debit Cardmember Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with without notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 13.6 You agree that we have the absolute discretion to use such agents, contractors and/or correspondents as we deem fi t fit to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 2 contracts

Samples: CRCS Customer Agreement, CRCS Customer Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefitsbenefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the reasonable discretion to use such agents, contractors and/or correspondents as we deem fi t fit to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Cuc Customer’s Agreement

EXCLUSION OF LIABILITY. 13.1 We 6.1 Except as otherwise expressly provided herein to the contrary, Blaze Fibre shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Blaze Fibre or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be. 6.2 Subject to clause 6.1 above, the entire liability of Blaze Fibre and Customer’s exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by Customer under this Agreement for the period of 3 (three) months preceding Customer’s written notice to Blaze Fibre in respect of such claim. 6.3 Customer hereby indemnifies Blaze Fibre against and holds Blaze Fibre harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or \in respect of any matter for which liability of Blaze Fibre is excluded in terms of clause 6.1 above. 6.4 Because of the need to conduct maintenance, repair and/or improvement work from time to time arrange for or procure benefitson the technical infrastructure by means of which the Services are provided, discounts, retail rebates or programmes in conjunction with the use provision of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes the Services may be subject suspended from time to time, and all liability on the part of Blaze Fibre of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause 6.1 above shall apply mutatis mutandis to such terms and conditions and restrictions as we may notify youexclusion. Should the provision of the Service/s be suspended by Blaze Fibre for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, and we may withdraw any such benefitBlaze Fibre shall give Customer credit in an amount which represents a pro rata portion of Customer’s basic monthly subscription fee for the month during which the said suspension occurred, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or unless a specific Service Level Agreement has been signed between the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that parties detailing the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms the service provision and Conditions, we are not liable to you related penalties for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality guaranteed uptime of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful defaultservice provided. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Standard Terms and Conditions

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to younotice. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Customer Agreement

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EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with without notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Customer Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefitsbenefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Citibank Ready Credit Customer Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will (a) The Bank is not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you merchant, establishment, the Participant or otherwise) Participating Outlet or the quality or performance of any goods or and services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant Cardmembers are to seek redress directly from such merchant, establishment, the Participant or Participating Outlet in respect of such goods or services. (including but not limited to any claims that b) The liability of the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability Cardmember owing to us will the Bank is not be affected by such any dispute or any counterclaim or right of set-off which you the Cardmember may have against such merchant, establishment, the Participant or Participating Outlet. Your rights under these Terms and Conditions are not In particular, the Bank shall be entitled to be assigned debit the Account in respect of any Card Transaction notwithstanding the nondelivery or otherwise disposed ofnon- performance of or any defect in any goods or services obtained pursuant to that Card Transaction. 13.3 You (c) The Cardmember will not hold us or any card association with which we have a contractual relationship (including but not limited to Visa International Service Association) responsible for the availability, use, act, omission, loss or damage suffered howsoever arising from and in connection with the use of any such medical, legal or transportation service. 11.2 The Bank is not liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bankestablishment, financial institution the Participant or any other person Participating Outlet refuses to accept or honour the Card for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are 11.3 The Bank is not liable if it is unable to you for any lossperform its obligations under this Agreement due, damagedirectly or indirectly, inconvenience, embarrassment, cost and expense to the failure of any nature which machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the control of the Bank, its servants or agents. 11.4 The Bank is not liable in any way may be suffered or incurred by you or by for any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice injury to the generality credit, character and reputation of the foregoing, Cardmember in and about any repossession of the Citibank ATM/Debit Card or any request for its return; . 11.5 The Bank is not liable in any malfunction way to the Cardmember for any inconvenience, loss, damage or failure embarrassment of any machine nature due to or system of authorization or transmission link or ATM; arising from any damage to or loss of the Citibank ATM/Debit Card; and any or inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card any microchip or circuit howsoever caused. 11.6 The Bank is not liable in any way to the Cardmember for any inconvenience, save loss, damage or embarrassment of any nature due to or arising from any failure in the case performance or function or breakdown or disruption of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters Bank's computers (whether hardware or transactions governed software), machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) maintained by, used for, by the Bank or contemplated in these Terms connection with the Bank’s business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and Conditionssystems or any one or more of them to accept, and save where expressly provided in these Terms and Conditionsrecognise, we are store, process and/or transmit dates or data with respect to dates. 11.7 Without prejudice to the generality of the provisions of this Clause 10, the Bank is not liable in any way to you the Cardmember for any actother loss, omissiondamage, neglect cost or wilful default expense of any nature arising out of or in connection with the use of the Card and/or this Agreement. 11.8 Without prejudice to the generality of the provisions of this Clause 10, the Bank is not liable in any way to the Cardmember for any inconvenience, loss, damage or embarrassment of any nature due to or arising from: (a) any delay in the release of any amount placed on hold on the part Account; (b) any failure by the Bank to honour cheques drawn or follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by the Cardmember due to insufficient available balance in the Account which but for the amount placed on hold or the delay in releasing the hold, would have a sufficient available balance to honour such cheques or follow such payment instructions; (c) any hold placed on the Account upon receipt of a request for authorisation of a Card Transaction or notice of a Card Transaction or a request for payment was presented to the Bank (including but not limited to a presentment by electronic means) notwithstanding that such agents, contractors and/or correspondentsrequests or notices were unauthorised or forged or that the Card Transaction was not carried out or was rescinded. 11.9 A Cardmember may not assign his rights under this Agreement.

Appears in 1 contract

Samples: Debit Cardmember Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefi ts, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefi t, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Citibank Ready Credit Customer Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefitsbenefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Customer Agreement

EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange 13.1. The Bank shall not in any circumstance be liable for any loss damage, inconvenience, injury, embarrassment or procure benefits, discounts, retail rebates loss of reputation howsoever incurred or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates suffered by you under any circumstance whatsoever whether or programmes may be subject to not such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant circumstances relate to or in relation to any Cash Withdrawalarise out of this Agreement, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that loss, damage, inconvenience, injury, embarrassment or loss of reputation howsoever incurred or suffered by you by reason of or arising out of or in connection with: (i) The revocation, cancellation, termination, suspension, refusal or restriction in the use of the Credit Card; or (ii) The listing of the Credit Card number in any cancellation and/or warning lists; or (iii) Any act or omission of any merchant, howsoever caused; or (iv) Any statement, representation or implication arising from the refusal of any merchant had coerced or pressured any bank to accept or honour the Credit Card or to make advances to the full authorised limit; or (v) Any dissatisfaction with the quality, effectiveness and/or genuineness of any goods and/or services supplied by the merchant; or (vi) The failure of the provision of any of the services herein contemplated to be provided whether such a failure is caused by the failure of any mechanical or electronic device, data processing system or transmission link or due to any electrical failure, industrial dispute or any act of God or any other act or event beyond the Bank’s control or otherwise; or (vii) Any contract or transaction connected with the use of the Credit Card. 13.2. If you to perform the card transaction)have any claim or complaint against a merchant, you shall resolve such dispute with such merchant. Your liability and obligation to make payment to the merchant directly; your liability owing to us will Bank shall not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. 13.3. Your rights under these Terms You hereby irrevocably agree and Conditions are not confirm that where insurance liability coverage is arranged by the Bank for your benefit , any claim and notice made or to be assigned made under such an insurance policy will be made by you at your own expense against the insurance company and in the event the insurance company rejects any claim made under the policy or otherwise disposed of. 13.3 You will avoids the policy for any reason whatsoever including negligence or noncompliance by the Bank, its servants or agents of the terms and conditions or the policy, no claim whatsoever shall be made, brought or maintained against the Bank and the Bank shall not hold us be liable in any way and to you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful defaultmanner whatsoever. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.

Appears in 1 contract

Samples: Terms and Conditions

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