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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

EXCLUSIONS AND EXCEPTIONS. 12.1 DBS 11.1 The Bank shall not be responsible or liable to the Cardmember for any inconvenience, loss or damage or embarrassment incurred or suffered as a consequence ofin the event: 12.1.1 (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 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 by the Bank, its servants, agents or its servants or agentscontractors; or 12.1.2 (b) the Bank, its servants, agents or contractors are unable to perform any of its obligations under this Agreement due whether directly or indirectly to the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; or its servants, agents or contractors or as a consequence of any fraud or forgery; or (c) any malfunction, defect or error in any Terminal, ATM or other machines or system of authorisation systems whether belonging to or operated by DBS the Bank or otherwise, howsoever caused; or 12.1.3 (d) any rejection of any your Card or the PIN of your Card by any Terminal ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused;; or 12.1.4 (e) any neglect, refusal or inability on DBS’s our part to authorise or approve any Card Transactionor to honour or effect any other transaction on the Card Account for any reason whatsoever; 12.1.5 any delay or inability of DBS (or of its servants, agents or contractorsf) 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 your Card or any microchip or circuit or device in any your Card howsoever caused. 12.2 DBS 11.2 The Bank shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services. 11.3 The Bank shall also 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 merchant or other person which the Bank may make available or introduced introduce to the Cardmember by DBS and DBS Cardmember. 11.4 The Bank shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by the use of any your Card notwithstanding or the non delivery PIN of your Card in spite of the 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 any of those benefits, discounts or programmes. The Cardmember shall 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.

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.

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.

EXCLUSIONS AND EXCEPTIONS. 12.1 DBS a) ONE Bank shall not be responsible or liable to the Cardmember any and all Cardholders for any loss or damage incurred or suffered as a consequence of: 12.1.1 the refusal i. Any act or omission of any Merchant howsoever caused including, without limitation, any refusal to honour or accept any Card for or any reason whatsoever statement or the refusal of other communication made in connection therewith or any third party for any reason whatsoever to provide the defect or deficiency in goods or services in respect of which the Card Transaction was effected, including, supplied but not limited to, the negligent act or omission of DBS ONE Bank or its servants Agents or agents; orany VISA Card approved merchant entity or establishment. Cardholder will handle any claim or dispute directly with the said Merchant and will not be entitled to withhold payment from ONE Bank on account of any such claim or dispute. 12.1.2 any ii. Any malfunction, defect or defector error in any TerminalATM, or other machines or system of authorisation authorization whether belonging to or operated by DBS ONE Bank 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 iii. Any delay or inability of DBS (or of its servants, agents or contractors) ONE Bank 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 of ONE Bank control of DBS (or of its servants, agents or contractors) or as a consequence of any fraud or forgery; or. 12.1.6 any iv. 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 v. Any undesired fraud and forgery by means of computer hacking or any means that causes for any burden to the Cardholder, b) ONE Bank 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 goods or services paid for through the use of the Card including any goods or services made available or introduced to the Cardmember any cardholder by DBS ONE Bank and DBS ONE Bank shall be entitled to charge the Card Account in respect of all Card Transactions effected by the use of any Card payment made notwithstanding the non non-delivery or non non-performance of or any defect in any those goods or services or services. All Cardholders shall resolve 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 problem in respect of such goods, services, benefits, discounts goods and programmes services from the Merchant directly.

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.

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.

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.

EXCLUSIONS AND EXCEPTIONS. 12.1 DBS 13.1 The Bank shall not be responsible or liable to the Firm and/or the Cardmember for any inconvenience, loss or damage or embarrassment incurred or suffered as a consequence ofin the event: 12.1.1 (a) the refusal of Bank, a Merchant, or other bank or financial institution or any Merchant other party refusing to honour accept the Card or accept to extend any Card Cash Advance 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 by the Bank, its servants, agents or contractors; (b) the Bank, its servants, agents or contractors are unable to perform any of DBS its obligations under these Terms and Conditions whether directly or indirectly caused by the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank or its servants servants, agents or agents; orcontractors or as a consequence of any fraud or forgery; 12.1.2 (c) any malfunction, defect or error in any Terminal, ATM or other machines or system of authorisation systems whether belonging to or operated by DBS the Bank or otherwise, howsoever caused; or; 12.1.3 (d) any rejection of any the Card or the PIN by any Terminal ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; 12.1.4 (e) any neglect, refusal or inability on DBSthe Bank’s part to authorise or approve any Card Transactionor to honour or effect any other transaction on the Card Account for any reason whatsoever; 12.1.5 any delay or inability (f) of DBS (or of its servants, agents or contractors) to perform any of its obligations pursuant to this Agreement because breach 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) service agreements prescribed by telecommunications carriers and/or internet service providers or as a consequence result of any fraud act or forgeryomission of telecommunications carriers and/or internet service providers; orand/or 12.1.6 (g) any damage to or loss of or inability to retrieve any data or information that may be stored in any the Card or any microchip or circuit or device in any the Card howsoever caused. 12.2 DBS 13.2 The Bank shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services. 13.3 The Bank shall also 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 or other person which the Bank may make available or introduced introduce to the Cardmember by DBS and DBS Firm and/or the Cardmember. 13.4 The Bank shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by the use of any the Card or the PIN notwithstanding the non delivery non‐delivery or non performance non‐performance 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 any of those benefits, discounts or programmes. The Cardmember shall must seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant that person directly. 13.5 In the event of any dispute between the Firm and/or the Cardmember and any Merchant or bank or financial institution or any other person, the liability of the Firm and/or the Cardmember to the Bank shall not in any way be affected by such dispute or any counterclaim, right of set‐off or contractual right which the Firm and/or the Cardmember may have against such Merchant or bank or financial institution or person. 13.6 The Bank shall not in any event be responsible or liable to the Firm and/or the Cardmember for any consequential or indirect or economic loss, howsoever caused, incurred or arising. 13.7 Without prejudice to the Bank’s rights set out in Clause 2.4, the Card is not eligible for use for the following Facilities: (a) FlexiCash; (b) FlexiPay; (c) Instalment payment plans; (d) 0% Interest Instalment Plans; (e) any short-term financing plans offered by the Bank; and (f) such other Facilities that the Bank may exclude from time to time without prior notice.

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.

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.