Common use of EXCLUSIONS AND EXCEPTIONS Clause in Contracts

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND SECURITY PROCEDURES We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you.

Appears in 5 contracts

Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement

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EXCLUSIONS AND EXCEPTIONS. 10.1. 10.1 CARD AND SECURITY PROCEDURES CARD FACILITIES We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure use of Card Facilities be rejected by a merchant or any terminal used to process Card Transactions or in connection with the Card Facilities or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card TransactionsTransactions or to facilitate the usage of Card Facilities, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any datapersons; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, terrorism civil disturbance or any event outside our reasonable control or the reasonable control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;Card; and (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your the PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant of your signature (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for its return (iv) for any delay in the return release of any Card or your use thereof or any inability to use any Enabled Device; f. for amount placed on hold on the interception by or disclosure to any person Designated Account (whether unlawful or otherwisev) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under follow payment instructions (including but not limited to GIRO or pursuant other standing payment instructions) given by you due to this Agreement caused insufficient available funds in the Designated Account or contributed insufficient available funds arising from us putting amounts in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available Designated Account on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance hold or the non-performance delay in releasing such hold and (vi) any hold placed on the Designated Account upon receipt of their obligations a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to youa request by electronic means) notwithstanding that such request or notice were unauthorised or forged or that the Card Transaction was not carried out or rescinded.

Appears in 3 contracts

Samples: Debit Cardmember Agreement, Debit Card Agreement, Debit Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND SECURITY PROCEDURES We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-non- performance of their obligations to you.

Appears in 3 contracts

Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.112.1. CARD AND SECURITY PROCEDURES We are shall not be responsible or liable to you for any inconvenience, loss or damage or embarrassment incurred or suffered in any wayof the following events: a. should use of your (a) we, a Merchant, or other bank or financial institution or any other party refuses to accept the Card or to accept any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse Transaction for any reason to authorise any Card Transaction;whatsoever; or b. for any malfunction(b) we, defect our servants, agents or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part contractors are unable to perform any of our obligations under this Agreement because whether due directly or indirectly to the failure of any electronic, mechanical systemmachine, data processing system or telecommunication defect transmission link or failureindustrial or other dispute, Act of God, terrorism, civil disturbance God or any event outside our control or anything beyond the control of any of us, our servants, agents or contractorscontractors or as a consequence of any fraud or forgery; d. (c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by us or otherwise, howsoever caused; (d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; (e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Account for any damage reason whatsoever; or any damages to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;. (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed 12.2. We shall not be liable in any way for the goods purchased or services rendered and paid for by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves Card or the transmission delivery, quality or performance of such goods or services. 12.3. We shall also not be responsible for any benefits, discounts or programmes of any Merchant or other person that we may make available or introduce to you. 12.4. We shall be entitled to charge and debit the Account in respect of all Card Transactions effected by use of your personal data Card or the PIN of your Card in spite of the non-delivery or non-performance of or any defect in those goods or services or the failure of any person to provide or make available to you any of those benefits, discounts or programmes. You must seek redress in respect of such goods, services, benefits, discounts and transaction details through third parties programmes from that person directly. 12.5. In the event of any dispute between you and any Merchant or bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim, right of set-off or contractual right which we are unable to control, and we are you may have against such Merchant or bank or financial institution or person. We shall not in any event be responsible or liable to you for their performance any consequential or indirect or economic loss, howsoever caused, incurring or arising. 12.6. You may not assign your rights under this Agreement. 12.7. We may at our discretion make available to you from time to time additional benefits, services or programmes in connection with the non-performance use of their your Card. Such benefits, services or programmes shall nevertheless not form part of our legal relationship with and obligations to you. 12.8. You hereby acknowledge that any Merchant may at any time and from time to time without prior notice restrict, exclude, modify or suspend the benefits and/or privileges accorded to you under any privilege schemes at that participating Merchant.

Appears in 2 contracts

Samples: HSBC Debit Card Cardholder’s Agreement, HSBC Debit Card Cardholder’s Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 10.1 CARD AND SECURITY PROCEDURES PIN We are not liable in any way: a. (a) should use of your Card or any Enabled Device(s) or any Security Procedure PIN be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. (c) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (e) (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any the Card or your use thereof or any inability to use any Enabled Deviceof the Card; f. (f) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused;; and/or g. (g) for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you.

Appears in 2 contracts

Samples: Cardmember Agreement, Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 10.1 CARD AND SECURITY PROCEDURES PIN We are not liable in any way: a. (a) should use of your Card or any Enabled Device(s) or any Security Procedure PIN be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. (c) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (e) (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any the Card or your use thereof or any inability to use any Enabled Deviceof the Card; f. (f) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused;; and/or g. (g) for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you.

Appears in 2 contracts

Samples: Cardmember Agreement, Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND 9.1 CARD, SECURITY PROCEDURES AND CARD FACILITIES We are not liable in any way: a. (a) should use of your Card or any Enabled Device(s) or any Security Procedure or use of Card Facilities be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or to facilitate the usage of Card Facilities, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. (c) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (ie) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or; i. (f) for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you; (g) (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure and/or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device (iv) for any delay in the release of any amount placed on hold on the Card Account (v) for any failure by us to follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by you due to insufficient available funds in the Card Account or insufficient available funds arising from us putting amounts in the Card Account on hold or the delay in releasing such hold and (vi) for any hold placed on the Card Account upon receipt of a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to a request by electronic means) notwithstanding that such request or notice was unauthorised or forged or that the Card Transaction was not carried out or rescinded; (h) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; and/or (i) for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause.

Appears in 2 contracts

Samples: Debit Cardmembers Agreement, Debit Cardmembers Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 10.1 CARD AND SECURITY PROCEDURES PIN We are not liable in any way: a. (a) should use of your the Card or any Enabled Device(s) or any Security Procedure PIN be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any datapersons; c. (c) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your the Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;Card; and (e) (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your the PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant of the Cardholder’s signature (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for its return (iv) for any delay in the return release of any Card or your use thereof or any inability to use any Enabled Device; f. for amount placed on hold on the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. (v) for any delay, inability or failure by us to perform any of our obligations under follow payment instructions (including but not limited to GIRO or pursuant other standing payment instructions) given by you due to this Agreement caused insufficient available funds in the Card Account or contributed insufficient available funds arising from us putting amounts in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available Card Account on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance hold or the non-performance delay in releasing such hold and (vi) any hold placed on the Card Account upon receipt of their obligations a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to youa request by electronic means) notwithstanding that such request or notice were unauthorised or forged or that the Card Transaction was not carried out or rescinded.

Appears in 1 contract

Samples: Business Card Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND 9.1 CARD, SECURITY PROCEDURES AND CARD FACILITIES We are not liable in any way: a. (a) should use of your Card or any Enabled Device(s) or any Security Procedure or use of Card Facilities be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or to facilitate the usage of Card Facilities, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. (c) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (ie) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-as- available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or; i. (f) for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you; (g) (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure and/or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device (iv) for any delay in the release of any amount placed on hold on the Card Account (v) for any failure by us to follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by you due to insufficient available funds in the Card Account or insufficient available funds arising from us putting amounts in the Card Account on hold or the delay in releasing such hold and (vi) for any hold placed on the Card Account upon receipt of a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to a request by electronic means) notwithstanding that such request or notice was unauthorised or forged or that the Card Transaction was not carried out or rescinded; (h) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; and/or (i) for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause.

Appears in 1 contract

Samples: Debit Cardmembers Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 8.1 CARD AND SECURITY PROCEDURES PIN We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure PIN be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any the Card or your use thereof or any inability to use any Enabled Deviceof the Card; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused;; and/or g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause;. h. 8.2 PROBLEMS WITH GOODS AND SERVICES We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card. In spite of the non-delivery or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Billing Statement. If you have any complaint against a merchant, you shall resolve such dispute with such merchant. Any such dispute is between you and the merchant and we shall not be deemed to be a party to such dispute. We shall not be liable or responsible for any claimthe quantity, lossquality, damagemerchantability, delay, inability to use, fitness for purpose or any mistake other aspect of the goods and services supplied by a merchant to you or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach respect of any obligation of confidentiality contract or transaction entered into by any third party provider of any service or facility associated such merchant with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that you connected with the use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to youCard.

Appears in 1 contract

Samples: Credit Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND SECURITY PROCEDURES 12.1 We are shall not be responsible or liable to you for any inconvenience, loss or damage or embarrassment incurred or suffered in any wayof the following events: a. should use of your (a) we, a Merchant, or other bank or financial institution or any other party refuses to accept the Card or to accept any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse Transaction for any reason to authorise any Card Transaction;whatsoever; or b. for any malfunction(b) we, defect our servants, agents or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part contractors are unable to perform any of our obligations under this Agreement because whether due directly or indirectly to the failure of any electronic, mechanical systemmachine, data processing system or telecommunication defect transmission link or failureindustrial or other dispute, Act of God, terrorism, civil disturbance God or any event outside our control or anything beyond the control of any of us, our servants, agents or contractorscontractors or as a consequence of any fraud or forgery; d. (c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by us or otherwise, howsoever caused; (d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; (e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Account for any damage reason whatsoever; or (f) any damages to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;. (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed 12.2 We shall not be liable in any way for the goods purchased or services rendered and paid for by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves Card or the transmission delivery, quality or performance of such goods or services. 12.3 We shall also not be responsible for any benefits, discounts or programmes of any Merchant or other person that we may make available or introduce to you. 12.4 We shall be entitled to charge and debit the Account in respect of all Card Transactions effected by use of your personal data Card or the PIN of your Card in spite of the non-delivery or non-performance of or any defect in those goods or services or the failure of any person to provide or make available to you any of those benefits, discounts or programmes. You must seek redress in respect of such goods, services, benefits, discounts and transaction details through third parties programmes from that person directly. 12.5 In the event of any dispute between you and any Merchant or bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim, right of set-off or contractual right which we are unable to control, and we are you may have against such Merchant or bank or financial institution or person. We shall not in any event be responsible or liable to you for their performance any consequential or indirect or economic loss, howsoever caused, incurring or arising. 12.6 You may not assign your rights under this Agreement. 12.7 We may at our discretion make available to you from time to time additional benefits, services or programmes in connection with the non-performance use of their your Card. Such benefits, services or programmes shall nevertheless not form part of our legal relationship with and obligations to you. 12.8 You hereby acknowledge that any Merchant may at any time and from time to time without prior notice restrict, exclude, modify or suspend the benefits and/or privileges accorded to you under any privilege schemes at that participating Merchant.

Appears in 1 contract

Samples: HSBC Debit Card Cardholder’s Agreement

EXCLUSIONS AND EXCEPTIONS. 10.112.1. CARD AND SECURITY PROCEDURES We are shall not be responsible or liable to you for any inconvenience, loss or damage or embarrassment incurred or suffered in any wayof the following events: a. should use of your (a) we, a Merchant, or other bank or financial institution or any other party refuses to accept the Card or to accept any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse Transaction for any reason to authorise any Card Transaction;whatsoever; or b. for any malfunction(b) we, defect our servants, agents or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part contractors are unable to perform any of our obligations under this Agreement because whether due directly or indirectly to the failure of any electronic, mechanical systemmachine, data processing system or telecommunication defect transmission link or failureindustrial or other dispute, Act of God, terrorism, civil disturbance God or any event outside our control or anything beyond the control of any of us, our servants, agents or contractorscontractors or as a consequence of any fraud or forgery; d. (c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by us or otherwise, howsoever caused; (d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; HBSP/ CVM/ WEL/ TB/ TNC104 (e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Account for any damage reason whatsoever; or any damages to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;. (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed 12.2. We shall not be liable in any way for the goods purchased or services rendered and paid for by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves Card or the transmission delivery, quality or performance of such goods or services. 12.3. We shall also not be responsible for any benefits, discounts or programmes of any Merchant or other person that we may make available or introduce to you. 12.4. We shall be entitled to charge and debit the Account in respect of all Card Transactions effected by use of your personal data Card or the PIN of your Card in spite of the non-delivery or non- performance of or any defect in those goods or services or the failure of any person to provide or make available to you any of those benefits, discounts or programmes. You must seek redress in respect of such goods, services, benefits, discounts and transaction details through third parties programmes from that person directly. 12.5. In the event of any dispute between you and any Merchant or bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim, right of set-off or contractual right which we are unable to control, and we are you may have against such Merchant or bank or financial institution or person. We shall not in any event be responsible or liable to you for their performance any consequential or indirect or economic loss, howsoever caused, incurring or arising. 12.6. You may not assign your rights under this Agreement. 12.7. We may at our discretion make available to you from time to time additional benefits, services or programmes in connection with the non-performance use of their your Card. Such benefits, services or programmes shall nevertheless not form part of our legal relationship with and obligations to you. 12.8. You hereby acknowledge that any Merchant may at any time and from time to time without prior notice restrict, exclude, modify or suspend the benefits and/or privileges accorded to you under any privilege schemes at that participating Merchant.

Appears in 1 contract

Samples: Debit Card Cardholder’s Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 8.1 CARD AND SECURITY PROCEDURES We are not liable in any way: a. should use of your Card or any Enabled Device(s) Device or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-error- free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you. 8.2 PROBLEMS WITH GOODS AND SERVICES We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card. In spite of the non-delivery or nonperformance or defects in any such goods and services, you shall pay us the full amount shown in the Billing Statement. If you have any complaint against a merchant, you shall resolve such dispute with such merchant. Any such dispute is between you and the merchant and we shall not be deemed to be a party to such dispute. We shall not be liable or responsible for the quantity, quality, merchantability, fitness for purpose or any other aspect of the goods and services supplied by a merchant to you or in respect of any contract or transaction entered into by such merchant with you connected with the use of the Card.

Appears in 1 contract

Samples: Credit Cardmember Agreement

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EXCLUSIONS AND EXCEPTIONS. 10.112.1. CARD AND SECURITY PROCEDURES We are shall not be responsible or liable to you for any inconvenience, loss or damage or embarrassment incurred or suffered in any wayof the following events: a. should use of your (a) we, a Merchant,or other bank or financial institution or any other party refuses to accept the Card or to accept any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse Transaction for any reason to authorise any Card Transaction;whatsoever ; or b. for any malfunction(b) we, defect our servants, agents or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part contractors are unable to perform any of our obligations under this Agreement because whether due directly or indirectly to the failure of any electronic, mechanical systemmachine, data processing system or telecommunication defect transmission link or failureindustrial or other dispute, Act of God, terrorism, civil disturbance God or any event outside our control or anything beyond the control of any of us, our servants, agents or contractorscontractors or as a consequence of any fraud or forgery; d. (c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by us or otherwise, howsoever caused; (d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; (e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Account for any damage reason whatsoever; orany damages to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;. (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed 12.2. We shall not be liable in any way for the goods purchased or services rendered and paid for by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves Card or the transmission delivery, quality or performance of such goods or services. 12.3. We shall also not be responsible for any benefits, discounts or programmes of any Merchant or other person that we may make available or introduce to you. 12.4. We shall be entitled to charge and debit the Account in respect of all Card Transactions effected by use of your personal data Card or the PIN of your Card in spite of the non-delivery or non-performance of or any defect in those goods or services or the failure of any person to provide or make available to you any of those benefits, discounts or programmes. You must seek redress in respect of such goods, services, benefits, discounts and transaction details through third parties programmes from that person directly. 12.5. In the event of any dispute between you and any Merchant or bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim, right of set-off or contractual right which we are unable to control, and we are you may have against such Merchant or bank or financial institution or person. We shall not in any event be responsible or liable to you for their performance any consequential or indirect or economic loss, howsoever caused, incurring or arising. 12.6. You may not assign your rights under this Agreement. TNC101 TB/ WEL/ CVM/ HBSP/ 12.7. We may at our discretion make available to you from time to time additional benefits, services or programmes in connection with the non-performance use of their your Card. Such benefits, services or programmes shall nevertheless not form part of our legal relationship with and obligations to you. Effective from 30 June 2019 12.8. You hereby acknowledge that any Merchant may at any time and from time to time without prior notice restrict, exclude, modify or suspend the benefits and/or privileges accorded to you under any privilege schemes at that participating Merchant.

Appears in 1 contract

Samples: HSBC Debit Card Cardholder’s Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 10.1 CARD AND SECURITY PROCEDURES CARD FACILITIES We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure use of Card Facilities be rejected by a merchant or any terminal used to process Card Transactions or in connection with the Card Facilities or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card TransactionsTransactions or to facilitate the usage of Card Facilities, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any datapersons; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, terrorism civil disturbance or any event outside our reasonable control or the reasonable control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused;Card; and (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your the PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant of your signature (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for its return (iv) for any delay in the return release of any Card or your use thereof or any inability to use any Enabled Device; f. for amount placed on hold on the interception by or disclosure to any person Designated Account (whether unlawful or otherwisev) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under follow payment instructions (including but not limited to GIRO or pursuant other standing payment instructions) given by you due to this Agreement caused insufficient available funds in the Designated Account or contributed insufficient available funds arising from us putting amounts in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available Designated Account on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance hold or the non-performance delay in releasing such hold and (vi) any hold placed on the Designated Account upon receipt of their obligations a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to youa request by electronic means) notwithstanding that such request or notice were unauthorised or forged or that the Card Transaction was not carried out or rescinded.

Appears in 1 contract

Samples: Debit Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 8.1 CARD AND SECURITY PROCEDURES PIN We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure PIN be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any the Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any the Card or your use thereof or any inability to use any Enabled Deviceof the Card; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused;; and/or g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause;. h. 8.2 PROBLEMS WITH GOODS AND SERVICES We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card. In spite of the non-delivery or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Billing Statement. If you have any complaint against a merchant, you shall resolve such dispute with such merchant. Any such dispute is between you and the merchant and we shall not be deemed to be a party to such dispute. We shall not be liable or responsible for any claimthe quantity, lossquality, damagemerchantability, delay, inability to use, fitness for purpose or any mistake other aspect of the goods and services supplied by a merchant to you or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach respect of any obligation of confidentiality contract or transaction entered into by any third party provider of any service or facility associated such merchant with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that you connected with the use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to youCard.

Appears in 1 contract

Samples: Credit Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 8.1 CARD AND SECURITY PROCEDURES We are not liable in any way: a. should use of your Card or any Enabled Device(s) Device or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you. 8.2 PROBLEMS WITH GOODS AND SERVICES We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card. In spite of the non-delivery or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Billing Statement. If you have any complaint against a merchant, you shall resolve such dispute with such merchant. Any such dispute is between you and the merchant and we shall not be deemed to be a party to such dispute. We shall not be liable or responsible for the quantity, quality, merchantability, fitness for purpose or any other aspect of the goods and services supplied by a merchant to you or in respect of any contract or transaction entered into by such merchant with you connected with the use of the Card.

Appears in 1 contract

Samples: Credit Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. 8.1 CARD AND SECURITY PROCEDURES We are not liable in any way: a. should use of your Card or any Enabled Device(s) Device or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems system of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you. 8.2 PROBLEMS WITH GOODS AND SERVICES We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card. In spite of the non-delivery or non- performance or defects in any such goods and services, you shall pay us the full amount shown in the Billing Statement. If you have any complaint against a merchant, you shall resolve such dispute with such merchant. Any such dispute is between you and the merchant and we shall not be deemed to be a party to such dispute. We shall not be liable or responsible for the quantity, quality, merchantability, fitness for purpose or any other aspect of the goods and services supplied by a merchant to you or in respect of any contract or transaction entered into by such merchant with you connected with the use of the Card.

Appears in 1 contract

Samples: Credit Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND SECURITY PROCEDURES We are not liable in any way: a. (a) should use of your Card or any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. (c) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (e) (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. (f) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused; g. (g) for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. (h) for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. (i) for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you.

Appears in 1 contract

Samples: Cardmember Agreement

EXCLUSIONS AND EXCEPTIONS. 10.1. CARD AND SECURITY PROCEDURES We are not liable in any way: a. should use of your Card or any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; b. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorisation whether belonging to or operated by us or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data; c. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors; d. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card or the corruption of any such data or information, howsoever caused; (i) for any loss, theft, use or misuse of any Card or Enabled Device, or disclosure of your PIN and/or compromise of any Security Procedure or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for the return of any Card or your use thereof or any inability to use any Enabled Device; f. for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused;; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W g. a. for any delay, inability or failure by us to perform any of our obligations under or pursuant to this Agreement caused or contributed in any way by any one or more of the events or occurrences set out in this Clause; h. g. for any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Tokenised Card, Enabled Device or Digital Payment Service or any inability to use the same. You agree and acknowledge that Tokenised Card, Enabled Device or Digital Payment Service are made available on an “as-is”, “as-available” basis, that these are not warranted to be error-free and that all risk associated with any use thereof shall be borne by you; and/or i. h. for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Tokenised Card, Enabled Device or Digital Payment Service. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-non- performance of their obligations to you.

Appears in 1 contract

Samples: Cardmember Agreement

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