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.
Appears in 6 contracts
Samples: Commercial Card Agreement, Commercial Card Agreement, Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.1.1 the refusal of any Merchant to honour or accept any Card for any reason whatsoever or the refusal of any third party for any reason whatsoever to provide the goods or services in respect of which the Card Transaction was effected, including, but not limited to, the negligent act or omission of DBS or its servants or agents;; or
13.1.2 12.1.2 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;; or
13.1.3 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 DBS shall not be responsible for the goods or services pertaining to covered by any Card Transaction or the delivery, delivery quality or performance of such goods thereof or services. DBS shall also not be responsible for any the benefits, discounts or programmes of any Merchant which DBS may make made available or introduce introduced to the Cardmember or any Cardholder. by DBS and DBS shall be entitled to charge the relevant Card Account(s) Account in respect of all Card Transactions effected by the use of any Card or notwithstanding the Card Particulars of any Card in spite of the non-non delivery or non-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 shall seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.
Appears in 5 contracts
Samples: DBS Commercial Card Agreement, DBS Commercial Card Agreement, DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 DBS shall not be responsible or liable to the Cardmember or and any Cardholder and all Cardholders for any loss or damage incurred or suffered as a consequence of:
13.1.1 12.1.1 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;; or
13.1.2 12.1.2 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;; or
13.1.3 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 contractors)or as a consequence of any fraud or forgery; or
13.1.6 12.1.6 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 12.2 DBS shall not be responsible for the goods or services pertaining to covered by any Card Transaction or the delivery, delivery quality or performance of such goods thereof or services. DBS shall also not be responsible for any the benefits, discounts or programmes of any Merchant which DBS may make made available or introduce introduced to the Cardmember or any Cardholder. Cardholder by DBS and DBS shall be entitled to charge the relevant Card Account(s) Account in respect of all Card Transactions effected by the use of any Card or notwithstanding the Card Particulars of any Card in spite of the non-non delivery or non-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 any Cardholder any of those benefits, discounts or programmes. The Cardmember or Cardholder must and all Cardholders shall seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.
Appears in 3 contracts
Samples: Commercial Card Agreement, Commercial Card Agreement, Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 DBS shall not be responsible or liable to the Cardmember or and any Cardholder and all Cardholders for any loss or damage incurred or suffered as a consequence of:
13.1.1 12.2.1 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;; or
13.1.2 12.2.2 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;; or
13.1.3 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 contractors)or as a consequence of any fraud or forgery; or
13.1.6 12.1.6 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 12.2 DBS shall not be responsible for the goods or services pertaining to covered by any Card Transaction or the delivery, delivery quality or performance of such goods thereof or services. DBS shall also not be responsible for any the benefits, discounts or programmes of any Merchant which DBS may make made available or introduce introduced to the Cardmember or any Cardholder. Cardholder by DBS and DBS shall be entitled to charge the relevant Card Account(s) Account in respect of all Card Transactions effected by the use of any Card or notwithstanding the Card Particulars of any Card in spite of the non-non delivery or non-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 any Cardholder any of those benefits, discounts or programmes. The Cardmember or Cardholder must and all Cardholders shall seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.
Appears in 3 contracts
Samples: Commercial Card Agreement, DBS Commercial Card Agreement, DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.1.1 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 12.1.2 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 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 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.
Appears in 2 contracts
Samples: DBS Commercial Card Agreement, Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.2.1 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 12.2.2 any malfunction, defect or error in any Terminal, or other machines or system of systemof authorisation whether belonging to or operated by DBS or otherwise, howsoever caused;
13.1.3 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 ,Actof 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 12.1.6 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 12.2 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.
Appears in 2 contracts
Samples: DBS Commercial Card Agreement, DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.1.1 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 12.1.2 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 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 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-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.
Appears in 2 contracts
Samples: Commercial Card Agreement, DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 11.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss inconvenience, loss, damage or damage injury suffered or incurred by you or suffered any third party as a consequence of:
13.1.1 11.1.1 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 11.1.2 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 11.1.3 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 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction;
13.1.5 11.1.5 any delay or inability of DBS (or of its servants, agents or contractors) and/or Merchants 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 11.1.6 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;
11.1.7 DBS’s compliance with any instruction given or purported to be given by the Cardholder or Cardmember 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;
11.1.8 if the Cardholder or Cardmember is deprived of the use of any Electronic Services as a consequence of any action by DBS and/or any Merchant;
11.1.9 any Electronic Service not being available due to system maintenance or breakdown/non availability of any network;
11.1.10 any equipment or software provider, any service provider, any network provider (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Merchant, or any agent or subcontractor of any of the foregoing. Any downloading of data from any Electronic Service is done solely at the Cardholder’s or Cardmember’s risk, and DBS shall not be liable for the integrity or use of any data downloaded in any way. Neither DBS nor any Merchant shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from this Agreement or from the provision and/or use of Electronic Services.
13.2 11.2 DBS may provideat its solediscretion, additional services, benefits or programmes in connection with the use of the Cardholder’s or Cardmember’s Card(s). Such additional services where provided, do not form part of DBS’s legal relationship with the Cardholder or Cardmember and DBS may withdraw or change these services at any time without notice to the Cardholder or the Cardmember. Those additional services, benefi ts or programmes may be subject to their own terms and conditions.
11.3 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) Account 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 directly from the Merchant directlyMerchant.
Appears in 2 contracts
Samples: DBS Business Advance Card Agreement, DBS Business Advance Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.1.1 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 12.1.2 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 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 ,Actof 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 12.1.6 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 12.2 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.
Appears in 2 contracts
Samples: Commercial Card Agreement, DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.1.1 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 12.1.2 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 12.1.3 any rejection of any Card or the Card Particulars PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused;
13.1.4 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 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 PIN or Card Particulars Account number of any the 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.
Appears in 2 contracts
Samples: DBS Commercial Card Agreement Corporate Charge Card, Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 11.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss inconvenience, loss, damage or damage injury suffered or incurred by the Cardmember or suffered Cardholder or any third party as a consequence of:
13.1.1 11.1.1 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 11.1.2 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 11.1.3 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 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction;
13.1.5 11.1.5 any delay or inability of DBS (or of its servants, agents or contractors) and/or Merchants 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 11.1.6 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;
11.1.7 DBS’s compliance with any instruction given or purported to be given by the Cardholder or Cardmember 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;
11.1.8 if the Cardholder or Cardmember is deprived of the use of any Electronic Services as a consequence of any action by DBS and/or any Merchant;
11.1.9 any Electronic Service not being available due to system maintenance or breakdown/non availability of any network;
11.1.10 any equipment or software provider, any service provider, any network provider (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Merchant, or any agent or subcontractor of any of the foregoing. Any downloading of data from any Electronic Service is done solely at the Cardholder’s or Cardmember’s risk, and DBS shall not be liable for the integrity or use of any data downloaded in any way. Neither DBS nor any Merchant shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from this Agreement or from the provision and/or use of Electronic Services.
13.2 11.2 DBS may provide at its sole discretion, additional services, benefits or programmes in connection with the use of the Cardholder’s or Cardmember’s Card(s). Such additional services where provided, do not form part of DBS’s legal relationship with the Cardholder or Cardmember and DBS may withdraw or change these services at any time without notice to the Cardholder or the Cardmember. Those additional services, benefi ts or programmes may be subject to their own terms and conditions.
11.3 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) Account 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 directly from the Merchant directlyMerchant.
Appears in 2 contracts
Samples: DBS Commercial Debit Card Agreement, DBS Commercial Debit Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.2.1 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 12.2.2 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 12.1.3 any rejection of any Card or the Card Particulars PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused;
13.1.4 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 ,Actof 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 12.1.6 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 12.2 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.
Appears in 1 contract
Samples: DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 11.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss inconvenience, loss, damage or damage injury suffered or incurred by you or suffered any third party as a consequence of:
13.1.1 11.1.1 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 11.1.2 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 11.1.3 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 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction;
13.1.5 11.1.5 any delay or inability of DBS (or of its servants, agents or contractors) and/or Merchants 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 11.1.6 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;
11.1.7 DBS’s compliance with any instruction given or purported to be given by the Cardholder or Cardmember 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;
11.1.8 if the Cardholder or Cardmember is deprived of the use of any Electronic Services as a consequence of any action by DBS and/or any Merchant;
11.1.9 any Electronic Service not being available due to system maintenance or breakdown/non availability of any network;
11.1.10 any equipment or software provider, any service provider, any network provider (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Merchant, or any agent or subcontractor of any of the foregoing. Any downloading of data from any Electronic Service is done solely at the Cardholder’s or Cardmember’s risk, and DBS shall not be liable for the integrity or use of any data downloaded in any way. Neither DBS nor any Merchant shall be responsible in any way for any direct, indirect, special or consequential, economic or other damagesarising inany way from this Agreement or from the provision and/or use of Electronic Services.
13.2 11.2 DBS mayprovide at itssolediscretion, additionalservices, benefits or programmesin connection with the use of the Cardholder’s or Cardmember’s Card(s). Such additional services where provided, do not form part of DBS’slegal relationship with the Cardholder or Cardmember and DBS may withdraw or change these services at any time without notice to the Cardholder or the Cardmember. Those additional services, benefi ts or programmes may be subject to their own terms and conditions.
11.3 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) Account 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 directly from the Merchant directlyMerchant.
Appears in 1 contract
Samples: DBS Business Advance Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 11.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss inconvenience, loss, damage or damage injury suffered or incurred by you or suffered any third party as a consequence of:
13.1.1 11.1.1 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 11.1.2 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 11.1.3 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 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction;
13.1.5 11.1.5 any delay or inability of DBS (or of its servants, agents or contractors) and/or Merchants 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 11.1.6 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;
11.1.7 DBS’s compliance with any instruction given or purported to be given by the Cardholder or Cardmember 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;
11.1.8 if the Cardholder or Cardmember is deprived of the use of any Electronic Services as a consequence of any action by DBS and/or any Merchant;
11.1.9 any Electronic Service not being available due to system maintenance or breakdown/non availability of any network;
11.1.10 any equipment or software provider, any service provider, any network provider (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Merchant, or any agent or subcontractor of any of the foregoing. Any downloading of data from any Electronic Service is done solely at the Cardholder’s or Cardmember’s risk, and DBS shall not be liable for the integrity or use of any data downloaded in any way. Neither DBS nor any Merchant shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from this Agreement or from the provision and/or use of Electronic Services.
13.2 11.2 DBS may provide at its sole discretion, additional services, benefits or programmes in connection with the use of the Cardholder’s or Cardmember’s Card(s). Such additional services where provided, do not form part of DBS’s legal relationship with the Cardholder or Cardmember and DBS may withdraw or change these services at any time without notice to the Cardholder or the Cardmember. Those additional services, benefi ts or programmes may be subject to their own terms and conditions.
11.3 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) Account 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 directly from the Merchant directlyMerchant.
Appears in 1 contract
Samples: DBS Business Advance Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 DBS 11.1 The Bank shall not be responsible or liable to the Cardmember or any Cardholder for any inconvenience, loss or damage or embarrassment incurred or suffered as a consequence ofin the event:
13.1.1 (a) the refusal of Bank, a Merchant, or other bank or financial institution or any Merchant other party refuses to honour accept the Card or accept to extend any Card cash withdrawal 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 malfunctionby the Bank, 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; or
(b) the Bank, its servants, agents or contractors are unable to perform any of its obligations pursuant to under this Agreement because due whether directly or indirectly to the failure of any mechanicalmachine, data processing system or telecommunication failuretransmission link or industrial or other dispute, Act of God, civil disturbance God or any event outside anything beyond the control of DBS (the Bank; or of its servants, agents or contractors) contractors or as a consequence of any fraud or forgery; or
13.1.6 (c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank or otherwise, howsoever caused; or
(d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; or
(e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever;
(f) any damage to or loss of or inability to retrieve any data or information that may be stored in any your Card or any microchip or circuit or device in any your Card howsoever caused.
13.2 DBS 11.2 The Bank shall not be responsible liable in any way for the goods purchased or services pertaining to any rendered and paid for by the use of the Card Transaction or the delivery, quality or performance of such goods or services. DBS .
11.3 The Bank shall also not be responsible for any benefits, discounts or programmes of any Merchant merchant or other person which DBS the Bank may make available or introduce to the Cardmember or any Cardholder. DBS Cardmember.
11.4 The Bank shall be entitled to charge and debit the relevant Card Account(s) Account in respect of all Card Transactions effected by the use of any your Card or the Card Particulars PIN of any your Card in spite of the non-delivery nondelivery or non-performance nonperformance of or any defect in any those goods or services or the failure of any Merchant person 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 that person directly.
11.5 In the event of any dispute between the Cardmember and any Merchant or bank or financial institution or any other person, the Cardmember’s liability to the Bank shall not in any way be affected by such dispute or any counterclaim, right of setoff or contractual right which the Cardmember may have against such Merchant or bank or financial institution or person.
11.6 The Bank shall not in any event be responsible or liable to the Cardmember for any consequential or indirect or economic loss, howsoever caused, incurred or arising.
Appears in 1 contract
Samples: Debit Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.2.1 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 12.2.2 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 12.1.3 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 causedhowsoevercaused;
13.1.4 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 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.
Appears in 1 contract
Samples: DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 11.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss inconvenience, loss, damage or damage injury suffered or incurred by you or suffered any third party as a consequence of:
13.1.1 11.1.1 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 11.1.2 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 11.1.3 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 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction;
13.1.5 11.1.5 any delay or inability of DBS (or of its servants, agents or contractors) and/or Merchants 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 11.1.6 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;
11.1.7 DBS’s compliance with any instruction given or purported to be given by the Cardholder or Cardmember 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;
11.1.8 if the Cardholder or Cardmember is deprived of the use of any Electronic Services as a consequence of any action by DBS and/or any Merchant;
11.1.9 any Electronic Service not being available due to system maintenance or breakdown/non availability of any network;
11.1.10 any equipment or software provider, any service provider, any network provider (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Merchant, or any agent or subcontractor of any of the foregoing. Any downloading of data from any Electronic Service is done solely at the Cardholder’s or Cardmember’s risk, and DBS shall not be liable for the integrity or use of any data downloaded in any way. Neither DBS nor any Merchant shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from this Agreement or from the provision and/or use of Electronic Services.
13.2 11.2 DBS may provide at its solediscretion, additional services, benefits or programmes in connection with the use of the Cardholder’s or Cardmember’s Card(s). Such additional services where provided, do not form part of DBS’s legal relationship with the Cardholder or Cardmember and DBS may withdraw or change these services at any time without notice to the Cardholder or the Cardmember. Those additional services, benefi ts or programmes may be subject to their own terms and conditions.
11.3 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) Account 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 directly from the Merchant directlyMerchant.
Appears in 1 contract
Samples: DBS Business Advance Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.2.1 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 12.2.2 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 12.1.3 any rejection of any Card or the Card Particulars PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused;
13.1.4 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 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.
Appears in 1 contract
Samples: DBS Commercial Card Agreement
EXCLUSIONS AND EXCEPTIONS. 13.1 12.1 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 12.1.1 the refusal of any Merchant to honour or accept any Card for any reason whatsoever or the refusal of any third party for any reason whatsoever to provide the goods or services in respect of which the Card Transaction was effected, including, but not limited to, the negligent act or omission of DBS or its servants or agents;agents;or
13.1.2 12.1.2 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;; or
13.1.3 12.1.3 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 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction;
13.1.5 12.1.5 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 12.1.6 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 12.2 DBS shall not be responsible for the goods or services pertaining to covered by any Card Transaction or the delivery, delivery quality or performance of such goods thereof or services. DBS shall also not be responsible for any the benefits, discounts or programmes of any Merchant which DBS may make made available or introduce introduced to the Cardmember or any Cardholder. by DBS and DBS shall be entitled to charge the relevant Card Account(s) Account in respect of all Card Transactions effected by the use of any Card or notwithstanding the Card Particulars of any Card in spite of the non-non delivery or non-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 shall seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.
Appears in 1 contract
Samples: DBS Commercial Card Agreement