Common use of Exemption of liability Clause in Contracts

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC cheque be paid or honoured by us for any reason notwithstanding that the PC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC cheque so paid or honoured. (d) You agree that we shall have the reasonably discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC communication sent by you to us; or (x) any PC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 11 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you or any person for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or reasonably incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRC account (including without limitation, any loss or damage suffered or incurred by you or by any other person as a result of our acting on or acceding to any PC CRC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRC cheque be paid or honoured by us for any reason notwithstanding that the PC CRC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you or any person for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion discretion, to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRC communication sent by you to us; or (x) any PC CRC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 11 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRCS account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC CRCS communication, request or instruction under Clause 1514), save in the case of our fraudfrand, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRCS statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRCS cheque be paid or honoured by us for any reason notwithstanding that the PC CRCS account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRCS cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents correspondents, save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRCS communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRCS communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRCS communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRCS communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRCS communication sent by you to us; or (x) any PC CRCS communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from usphone.

Appears in 8 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CUC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC CUC communication, request or instruction under Clause 15), ; save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CUC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CUC cheque be paid or honoured by us for any reason notwithstanding that the PC CUC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CUC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents correspondents, save in the case of our gross negligence and/or negligenee or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CUC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, third party cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, interruption, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CUC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CUC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC CUC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents incidents, (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CUC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CUC communication sent by you to us; or (x) any PC CUC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check cheque your electronic mail or mobile phone for correspondence Correspondence from us.

Appears in 8 contracts

Samples: Customer Agreement, Cuc Customer’s Agreement, Cuc Customer’s Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you or any person for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or reasonably incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRC account (including without limitation, any loss or damage suffered or incurred by you or by any other person as a result of our acting on or acceding to any PC CRC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRC cheque be paid or honoured by us for any reason notwithstanding that the PC CRC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you or any person for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion discretion, to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any ofany data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRC communication sent by you to us; or (x) any PC CRC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 4 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRCS account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC CRCS communication, request or instruction under Clause 1514), save in the case of our fraudfrand, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRCS statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRCS cheque be paid or honoured by us for any reason notwithstanding that the PC CRCS account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRCS cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents correspondents, save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRCS communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipmentequipment , software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRCS communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRCS communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRCS communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRCS communication sent by you to us; or (x) any PC CRCS communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from usphone.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred lossesloss, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRCS account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC CRCS communication, request or instruction under Clause 1514), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our controlcontrol or the control of our servants and agents. If we are unable to produce or send a PC CRCS statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRCS cheque be paid or honoured by us for any reason notwithstanding that the PC CRCS account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRCS cheque so paid or honoured. (d) You agree that we shall have the reasonably absolute discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful defaultcorrespondents. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC communication sent by you to us; or (x) any PC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 2 contracts

Samples: CRCS Customer Agreement, CRCS Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you you, the Companion or any person for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or reasonably incurred by you you, the Companion or by any other person in respect of or in connection with this Agreement and/or the PC CRC account (including without limitation, any loss or damage suffered or incurred by you you, the Companion or by any other person as a result of our acting on or acceding to any PC CRC communication, request or instruction under Clause 1516), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you you, the Companion or any third party should any PC CRC cheque be paid or honoured by us for any reason notwithstanding that the PC CRC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you you, the Companion or any person for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion discretion, to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulationapplicable law; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption anycorruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRC communication sent by you to us; or (x) any PC CRC communication which are unauthorised, conflict conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Citibank Ready Credit Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall will not be liable to you for any reasonably incurred lossesloss, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC account CRC Account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC CRC communication, request or instruction under Clause 1516 above), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall will not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, pandemic, epidemic, Act of God or anything outside our controlcontrol or the control of our servants and agents. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall you will still continuebe liable to pay the CRC outstanding. (c) Without prejudice to the generality of the foregoing, you shall will not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC cheque CRC check be paid or honoured by us for any reason notwithstanding that the PC account CRC Account may have been terminated for any reason and you shall forthwith must immediately pay, upon our demand made at any time, the full amount of any such PC cheque CRC check so paid or honoured. (d) You agree that we shall will have the reasonably absolute discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall will not be liable to you you, to the fullest extent permitted by law, for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful defaultcorrespondents. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC communication sent by you to us; or (x) any PC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC cheque be paid or honoured by us for any reason notwithstanding that the PC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC cheque so paid or honoured. (d) You agree that we shall have the reasonably discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulationapplicable law; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (except in the case of our fraud, gross negligence and/or wilful default); ordefault);or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC communication sent by you to us; or (x) any PC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Customer Agreement

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Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you or any person for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or reasonably incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRC account (including without limitation, any loss or damage suffered or incurred by you or by any other person as a result of our acting on or acceding to any PC CRC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRC cheque be paid or honoured by us for any reason notwithstanding that the PC CRC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you or any person for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion discretion, to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption anycorruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRC communication sent by you to us; or (x) any PC CRC communication which are unauthorised, conflict conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CUC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC CUC communication, request or instruction under Clause 15), ; save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CUC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CUC cheque be paid or honoured by us for any reason notwithstanding that the PC CUC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CUC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents correspondents, save in the case of our gross negligence and/or negligenee or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CUC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, third party cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, interruption, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CUC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CUC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC CUC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents incidents, (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CUC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CUC communication sent by you to us; or (x) any PC CUC communication which are unauthorised, conflict conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check cheque your electronic mail or mobile phone for correspondence Correspondence from us.

Appears in 1 contract

Samples: Cuc Customer’s Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred lossesloss, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our controlcontrol or the control of our servants and agents. If we are unable to produce or send a PC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC cheque be paid or honoured by us for any reason notwithstanding that the PC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC cheque so paid or honoured. (d) You agree that we shall have the reasonably absolute discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful defaultcorrespondents. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC communication sent by you to us; or (x) any PC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC account (including without limitation, any loss or damage suffered or incurred by you as a result of our acting or acceding to any PC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC cheque be paid or honoured by us for any reason notwithstanding that the PC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC cheque so paid or honoured. (d) You agree that we shall have the reasonably discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipmentequipment , software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion to execute any PC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC communication sent by you to us; or (x) any PC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you you, the Companion or any person for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or reasonably incurred by you you, the Companion or by any other person in respect of or in connection with this Agreement and/or the PC CRC account (including without limitation, any loss or damage suffered or incurred by you you, the Companion or by any other person as a result of our acting or acceding to any PC CRC communication, request or instruction under Clause 1516), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you you, the Companion or any third party should any PC CRC cheque be paid or honoured by us for any reason notwithstanding that the PC CRC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you you, the Companion or any person for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion discretion, to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulationapplicable law; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption anycorruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRC communication sent by you to us; or (x) any PC CRC communication which are unauthorised, conflict confl ict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your failure to update us of any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Citibank Ready Credit Customer Agreement

Exemption of liability. (a) Notwithstanding any other terms and conditions of this Agreement, we shall not be liable to you or any person for any reasonably incurred losses, damage, cost and expense of any nature which in any way may be suffered or reasonably incurred by you or by any other person in respect of or in connection with this Agreement and/or the PC CRC account (including without limitation, any loss or damage suffered or incurred by you or by any other person as a result of our acting on or acceding to any PC CRC communication, request or instruction under Clause 15), save in the case of our fraud, gross negligence and/or wilful default. (b) We shall not be liable if we are unable to perform our obligations under this Agreement due, directly or indirectly, to the failure of any machine or communication system, any industrial dispute, war, Act of God or anything outside our control. If we are unable to produce or send a PC CRC statement to you for any reason whatsoever, your liability for interest shall still continue. (c) Without prejudice to the generality of the foregoing, you shall not hold us responsible or liable for any loss or damage suffered by you or any third party should any PC CRC cheque be paid or honoured by us for any reason notwithstanding that the PC CRC account may have been terminated for any reason and you shall forthwith pay, upon our demand made at any time, the full amount of any such PC CRC cheque so paid or honoured. (d) You agree that we shall have the reasonably reasonable discretion to use such agents, contractors or correspondents as we deem fit to carry out or procure any of the matters or transactions governed by or contemplated in this Agreement, and we shall not be liable to you or any person for any act, omission, neglect or wilful default on the part of such agents, contractors and correspondents save in the case of our gross negligence and/or or wilful default. (e) We will not be liable for any loss or damage suffered or incurred by you howsoever or whatsoever arising from or in connection with: (i) any use of electronic mail or SMS services; or (ii) any failure to follow prevailing instructions, procedures, form and directions prescribed by us for the provision of any PC CRC communication to us; or (iii) any failure to use electronic mail services and/or SMS procedures or forms which are prescribed by us; or (iv) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or (v) any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of PC CRC communication to us or authorizations or acknowledgements from us or any wrongful interception of any PC CRC communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, us or any other person beyond our reasonable control; or (vi) any delay or refusal by us, in our reasonable discretion discretion, to execute any PC CRC communication that may be validly be given by you or authenticated by you including for reasons due to Law or Regulation; or (vii) any capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks and hacking incidents (incidents, except in the case of our fraud, gross negligence and/or wilful default); or (viii) any corruption or loss of any data or communication stored in any equipment anycorruptionorlossofanydataorcommunicationstoredinanyequipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any PC CRC communication beyond our reasonable control; or (ix) our failure to acknowledge any PC CRC communication sent by you to us; or (x) any PC CRC communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to us or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or (xi) your provision of wrong or inaccurate electronic mail address or mobile phone number to us or your tousoryour failure to update us of usof any change or proposed change in your electronic mail address or mobile phone number; or (xii) your failure to regularly check your electronic mail or mobile phone for correspondence from us.

Appears in 1 contract

Samples: Customer Agreement

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