Common use of FRAUD OR NEGLIGENCE Clause in Contracts

FRAUD OR NEGLIGENCE. If you or the Corporation have acted fraudulently or with gross negligence (including, but not limited to, you not acting in accordance with clauses 3.1 and 3.2, or you have failed to follow the safeguards that we recommend to you from time to time), then clause 3.3 (a) shall not apply and you or the Corporation shall be liable and you and the Corporation jointly and severally agree and undertake to: (a) pay promptly on demand all debts, liabilities and/or other amounts from time to time owing under the Card Account; and (b) hold us harmless and indemnify us on a full indemnity basis and on demand for any liability for loss, damage, reasonable costs and expenses which we may suffer or incur by reason of: (i) any transaction conducted with the Card or otherwise incurred under the Card Account; (ii) any information supplied in relation to the application for or use or loss of the Card being false, incomplete or inaccurate; and/or (iii) all consequences arising from you or the Corporation’s breach of this Agreement (including consequences of any Card coming into the possession of any unauthorised person).

FRAUD OR NEGLIGENCE. If you or the Corporation have acted fraudulently or with gross negligence (including, but not limited to, you not acting in accordance with clauses 3.1 2.1 and 3.22.2, or you have failed to follow the safeguards that we recommend to you from time to time), then clause 3.3 (a2.3(a) shall not apply and you or the Corporation shall be liable and you and the Corporation jointly and severally agree and undertake to: (a) pay promptly on demand all debts, liabilities and/or other amounts from time to time incurred with the Card and owing under the Linked Card Account; and (b) hold us harmless and indemnify us on a full indemnity basis and on demand for any liability for loss, damage, reasonable costs and expenses which we may suffer or incur by reason of: (i) any transaction conducted with the Card or otherwise incurred under the Card AccountCard; (ii) any information supplied in relation to the application for or use or loss of the Card being false, incomplete or inaccurate; and/or (iii) all consequences arising from you or the Corporation’s your breach of this Agreement (including consequences of any Card coming into the possession of any unauthorised person).