EXCLUSIONS AND EXCEPTIONS. 13.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss or damage incurred or suffered as a consequence of:
13.1.1 the refusal of any Merchant to honour or accept any Card for any reason whatsoever including, but not limited to, the negligent act or omission of DBS or its servants or agents;
13.1.2 any malfunction, defect or error in any Terminal, or other machines or system of authorisation whether belonging to or operated by DBS or otherwise, howsoever caused;
13.1.3 any rejection of any Card or the Card Particulars of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused;
13.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 any delay or inability of DBS (or of its servants, agents or contractors) to perform any of its obligations pursuant to this Agreement because of any mechanical, data processing or telecommunication failure, Act of God, civil disturbance or any event outside the control of DBS (or of its servants, agents or contractors) or as a consequence of any fraud or forgery; or
13.1.6 any damage to or loss of or inability to retrieve any data or information that may be stored in any Card or any microchip or circuit or device in any Card howsoever caused.
13.2 DBS shall not be responsible for the goods or services pertaining to any Card Transaction or the delivery, quality or performance of such goods or services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant which DBS may make available or introduce to the Cardmember or any Cardholder. DBS shall be entitled to charge the relevant Card Account(s) in respect of all Card Transactions effected by the use of any Card or the Card Particulars of any Card in spite of the non-delivery or non-performance of or any defect in any goods or services or the failure of any Merchant to provide or make available to the Cardmember or the Cardholder any of those benefits, discounts or programmes. The Cardmember or Cardholder must seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.
EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND SECURITY PROCEDURES We are not liable in any way:
a. should use of your Card or any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction;
b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data;
c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors;
d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;
(i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement
(ii) for any fraud and/or forgery perpetrated on us or any merchant
(iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device;
f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused;
g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause;
h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” ...
EXCLUSIONS AND EXCEPTIONS. 7.1. NON-ACCEPTANCE OF CARD We are not liable in any way:
7.1.1 should your Card(s) or PIN be rejected by a merchant or any terminal used to process card transactions or if we refuse for any reason to authorise any card transaction;
7.1.2 for any malfunction, defect or error in any terminal used to process card transactions, or other machines or system of authorization whether belonging to or operated by us or other persons;
7.1.3 for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery or;
7.1.4 for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) or any microchip or circuit or device in your Card(s), except where (and only to the extent that) you have conclusively established in the courts of Singapore that the aforesaid has occurred solely owing to manifest error, gross negligence or willful default made by us.
EXCLUSIONS AND EXCEPTIONS. The Paid Ad credit obligations shall not apply to the following Paid Ads (“Excluded Ads”): group, list, institutional or so-called teaser advertising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); announcement advertising; advertising relating primarily to the Source Material upon which a Motion Picture is based, or to the author, any member of the cast, the director(s), writer(s) or any other personnel involved with the production of the applicable Motion Picture; so-called “award” or “congratulatory” advertisements, including advertisements or announcements relating to consideration or nomination for an award; trailers (including promotional films) or other screen, radio or television advertising; advertising in narrative form; advertising for film festivals, film markets and the like; advertising one-half page (or the equivalent in SAU’s) in size or less; outdoor advertising (including, but not limited to so-called 24-sheets); theater display advertising; advertising in which no credit is accorded other than credit to actors and/or to any other company financing or distributing the applicable Motion Picture. The following shall not be considered Paid Ads or Excluded Ads for any purpose hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor (“Video Items”) and other advertising not relating primarily to the applicable Motion Picture.
EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (i) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (ii) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (iv) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.
EXCLUSIONS AND EXCEPTIONS. 9.1 NON-ACCEPTANCE OF CARD We are not liable in any way:
(a) should your Card(s) or PIN(s) be rejected by a Merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction;
(b) for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons;
(c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorized and/or unlawful access to, any machine, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock outs, fire, flood, shortage of material or labour, delay in deliveries from subcontractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery;
(d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) or any microchip or circuit or device in your Card(s);
(e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;
(f) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant;
(g) any Electronic Service not being available due to system maintenance or breakdown/non-availability of any network; or
(h) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not liable for anything done or omitted to be done except in the case of our gross negligence or willful default.
EXCLUSIONS AND EXCEPTIONS. The Rewards Program may not be combined with the bulk discount nor with discount codes or sales. When applying the club discounts on your order, we will disregard the regular bulk pricing that would otherwise apply. (As previously mentioned we deduct the discount from the base price at 10 units.)
EXCLUSIONS AND EXCEPTIONS. Employees shall not be entitled to sick leave while on vacations (except as provided in Article 12.9 [HOSPITALIZED WHILE ON VACATION]), while temporarily laid off by the Company, during the period of notice of severance of employment, upon severance of employment, or while receiving disability payments or industrial compensation. Exhibit IV (SICK LEAVE AGREEMENT) of this Agreement establishes other rules and interpretations for the administration of these sick leave provisions.
EXCLUSIONS AND EXCEPTIONS. 13.1 We are not liable in any way:
(a) should your Card(s) be rejected by a merchant or any terminal used to process card transactions or if we refuse for any reason to authorise any card transaction;
(b) for any malfunction, defect or error in any terminal used to process card transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons;
(c) for any Losses you may suffer as a consequence of any delay or refusal by us to process any card transaction you attempt to make or by our suspension or cancellation of your Card Account;
(d) for any delay or inability on our part to perform any of our obligations under this Cardmembers’ Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the control of any of our employees, representatives agents or contractors, or any fraud or forgery; or
(e) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s), except where (and only to the extent that) you have conclusively established in the courts of Singapore that the aforesaid occurred solely owing to manifest error, gross negligence or wilful default on our part.
13.2 We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card nor are we responsible for any benefits, discounts or programmes of any merchant that is made available to you. We make no representation as to the quality, provision of performance of any such goods or services. You acknowledge that we are not acting as agent for any merchant. You should resolve any complaints about the goods and services directly with the merchant. Notwithstanding any non-delivery or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Card Account Statement.
EXCLUSIONS AND EXCEPTIONS. The Paid Ad credit obligations shall not apply to the following Paid Ads ("Excluded Ads"): group, list, institutional or so-called teaser advertising; special advertising (e.g., announcements of commencement and/or completion of principal photography, advertising regarding box office gross receipts, etc.); announcement advertising; advertising relating primarily to the source material upon which a Picture is based, or to the author, any member of the cast, the director(s), writer(s) or any other personnel involved with the production of the applicable Picture; so-called "award" or "congratulatory" advertisements, including advertisements or announcements relating to consideration or nomination for an award. The following shall not be considered Paid Ads or Excluded Ads for any purpose hereunder: videocassettes, videodiscs and other home video devices and the covers, packages, containers or jackets therefor ("Video Items") and other advertising not relating primarily to the applicable Picture.
