Common use of EXCLUSIONS AND EXCEPTIONS Clause in Contracts

EXCLUSIONS AND EXCEPTIONS. 13.1 We are not liable in any way: (a) should your Card(s) be rejected by a merchant or any terminal used to process card transactions or if we refuse for any reason to authorise any card transaction; (b) for any malfunction, defect or error in any terminal used to process card transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any Losses you may suffer as a consequence of any delay or refusal by us to process any card transaction you attempt to make or by our suspension or cancellation of your Card Account; (d) for any delay or inability on our part to perform any of our obligations under this Cardmembers’ Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the control of any of our employees, representatives agents or contractors, or any fraud or forgery; or (e) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s), except where (and only to the extent that) you have conclusively established in the courts of Singapore that the aforesaid occurred solely owing to manifest error, gross negligence or wilful default on our part. 13.2 We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card nor are we responsible for any benefits, discounts or programmes of any merchant that is made available to you. We make no representation as to the quality, provision of performance of any such goods or services. You acknowledge that we are not acting as agent for any merchant. You should resolve any complaints about the goods and services directly with the merchant. Notwithstanding any non-delivery or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Card Account Statement.