Common use of EXCLUSIONS AND EXCEPTIONS Clause in Contracts

EXCLUSIONS AND EXCEPTIONS. 12.1 DBS shall not be responsible or liable to the Cardmember for any loss or damage incurred or suffered as a consequence of: 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 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 12.1.3 any rejection of any Card by any Terminal or any failure to effect or complete any Card Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by any Card Transaction or the delivery quality or performance thereof or the benefits, discounts or programmes of any Merchant made available or introduced to the Cardmember by DBS and DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding 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 any of those benefits, discounts or programmes. The Cardmember shall seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.

Appears in 6 contracts

Samples: DBS Commercial Card Agreement, DBS Commercial Card Agreement, DBS Commercial Card Agreement

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EXCLUSIONS AND EXCEPTIONS. 12.1 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: 12.1.1 13.1.1 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; 12.1.2 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; or; 12.1.3 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; 12.1.4 13.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 12.1.5 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 12.1.6 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. 12.2 13.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 DBS shall not be responsible or liable to the Cardmember and any and all Cardholders for any loss or damage incurred or suffered as a consequence of: 12.1.1 12.2.1 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 12.1.2 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 12.1.3 any rejection of any Card by any Terminal or any failure to effect or complete any Card Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by any Card Transaction or the delivery quality or performance thereof or the benefits, discounts or programmes of any Merchant made available or introduced to the Cardmember or any Cardholder by DBS and DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding 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 any Cardholder any of those benefits, discounts or programmes. The Cardmember and all Cardholders shall seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.

Appears in 4 contracts

Samples: Commercial Card Agreement, Commercial Card Agreement, DBS Commercial Card Agreement

EXCLUSIONS AND EXCEPTIONS. 12.1 DBS shall not be responsible or liable to the Cardmember and any and all Cardholders for any loss or damage incurred or suffered as a consequence of: 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 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 12.1.3 any rejection of any Card by any Terminal or any failure to effect or complete any Card Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by any Card Transaction or the delivery quality or performance thereof or the benefits, discounts or programmes of any Merchant made available or introduced to the Cardmember or any Cardholder by DBS and DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding 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 any Cardholder any of those benefits, discounts or programmes. The Cardmember 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. 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: 12.1.1 12.2.1 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; 12.1.2 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; or; 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; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 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: 12.1.1 11.1.1 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; 12.1.2 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; or; 12.1.3 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 howsoever caused; 12.1.4 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction; 12.1.5 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; 12.1.6 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. 12.2 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 covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 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: 12.1.1 11.1.1 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; 12.1.2 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; or; 12.1.3 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 howsoever caused; 12.1.4 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction; 12.1.5 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; 12.1.6 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. 12.2 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 covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 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: 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; 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; 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; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 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: 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; 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; 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; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 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: 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; 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; 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; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 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: 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; 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; 12.1.3 any rejection of any Card or the PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non PIN or Card Account number of the 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 shall 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

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EXCLUSIONS AND EXCEPTIONS. 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: 12.1.1 12.2.1 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; 12.1.2 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; 12.1.3 any rejection of any Card or the PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 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: 12.1.1 12.2.1 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; 12.1.2 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; 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 howsoever causedor PIN Transaction howsoevercaused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 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: 12.1.1 11.1.1 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; 12.1.2 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; or; 12.1.3 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 howsoever caused; 12.1.4 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction; 12.1.5 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; 12.1.6 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. 12.2 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 covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 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: 12.1.1 11.1.1 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; 12.1.2 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; or; 12.1.3 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 howsoever caused; 12.1.4 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction; 12.1.5 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; 12.1.6 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. 12.2 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 covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 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: 12.1.1 11.1.1 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; 12.1.2 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; or; 12.1.3 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 howsoever caused; 12.1.4 11.1.4 any refusal on DBS’s DBS ‘s part to authorise or approve any Card Transaction; 12.1.5 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; 12.1.6 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. 12.2 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 covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 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: 12.1.1 12.2.1 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; 12.1.2 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; 12.1.3 any rejection of any Card or the PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by pertaining to any Card Transaction or the delivery delivery, quality or performance thereof of such goods or the services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant made which DBS may make available or introduced introduce to the Cardmember by DBS and or any Cardholder. DBS shall be entitled to charge the relevant Card Account Account(s) in respect of all Card Transactions effected by the use of any Card notwithstanding or the non 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 shall 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. 12.1 DBS shall not be responsible or liable to the Cardmember for any loss or damage incurred or suffered as a consequence of: 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; oragents;or 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 12.1.3 any rejection of any Card by any Terminal or any failure to effect or complete any Card Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 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 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. 12.2 DBS shall not be responsible for the goods or services covered by any Card Transaction or the delivery quality or performance thereof or the benefits, discounts or programmes of any Merchant made available or introduced to the Cardmember by DBS and DBS shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card notwithstanding 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 any of those benefits, discounts or programmes. The Cardmember 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

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