Common use of LIABILITIES OF THE SERVICE PROVIDER Clause in Contracts

LIABILITIES OF THE SERVICE PROVIDER. 11.1 The Service Provider, its officers and employees, and any person acting under the direction of the Service Provider, shall not be liable for any loss or damage howsoever caused to the Participant or its customer resulting from the operation of MEPS+ or the provision of MEPS+ Services, including any action that may be taken by the Service Provider against any other Participant, unless the Service Provider or the relevant officer, employee or person acting under the direction of the Service Provider has been found guilty of a reckless act or omission, or of intentional misconduct, in a final decision made by a court in Singapore. 11.2 The Service Provider shall not be responsible or liable to the Participant or its customer for any error in, or any delayed execution, non-execution, part-execution or different execution of, any transaction under MEPS+ caused by any machine or hardware malfunction, software defect, malware, unauthorised computer code or electrical, electronic, SWIFT-related, telecommunication, electrical power supply or other technical fault, to the extent that such malfunction, defect, fault or cause did not result from the reckless act or omission, or the intentional misconduct, of the Service Provider, its officer, employee or person acting under its directions.

LIABILITIES OF THE SERVICE PROVIDER. 11.1 Subject to the provisions of this Clause 11, the11.1 The Service Provider, its officers and employees, and any person acting under the direction of the Service Provider, shall not be liable for any loss or damage howsoever caused to the Participant or its customer resulting from the operation of MEPS+ or the provision of MEPS+ Services, including any action that may be taken by the Service Provider against any other Participant, unless the Service Provider or the relevant officer, employee or person acting under the direction of the Service Provider has been found guilty of a reckless act or omission, or of intentional misconduct, in a final decision made by a court in Singapore. 11.2 The Service Provider shall not be responsible or liable to the Participant or its customer for any error in, or any delayed execution, non-execution, part-execution or different execution of, any transaction under MEPS+ caused by any machine or hardware malfunction, software defect, malware, unauthorised computer code or electrical, electronic, SWIFT-related, telecommunication, electrical power supply or other technical fault, to the extent that such malfunction, defect, fault or cause did not result from the reckless act or omission, or the intentional misconduct, of the Service Provider, its officer, employee or person acting under its directions.