Common use of Liability for Card Clause in Contracts

Liability for Card. 9.1 The Principal Cardholder is liable for the total amount due (both by the Principal Cardholder and all the Supplementary Cardholders) to the Bank in respect of the Card Account and all transactions effected and/or liabilities incurred by the Principal Cardholder and all the Supplementary Cardholders and/or through the use of the Principal Card and all the Supplementary Cards. 9.2 Each Supplementary Cardholder is liable only for the transactions effected and/or liabilities incurred by him/her and/or through the use of his/her Supplementary Card. 9.3 Any invalidity, unenforceability, release or discharge of the liability of any Cardholder to the Bank shall not affect, reduce, release or discharge the liability of any other Cardholder(s) (if any) to the Bank. 9.4 Provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the Cardholder shall not be responsible for the losses and damages incurred: (a) in the event of misuse when the Card has not been received by the Cardholder; (b) for all transactions not authorized by the Cardholder after the Bank has been given adequate notification that the Card and/or the PIN has been lost or stolen or when someone else knows the PIN; (c) when faults have occurred in the terminals, or other systems used, which cause the Cardholder to suffer direct losses and damages, unless the fault was obvious or advised by a message or notice on display; and (d) when transactions are made through the use of counterfeit credit cards. 9.5 Subject to Clause 9.6 and provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the maximum liability of the Cardholder for loss, theft or unauthor- ized use of the Card shall not exceed HKD500 provided that such limit shall be confined to loss specifically related to the Card Account and does not cover cash advances. 9.6 Notwithstanding anything contained herein to the contrary, the Cardholder will be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Card if the Cardholder has acted fraudulently or with gross negligence, or has failed to comply with Clause(s) 4 and/or 5 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Card, or if the unauthorized use of the Card involves the use of the Cardholder's PIN with or without the Cardholder's knowledge. The Cardholder hereby agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof. 9.7 Unless due to the negligence or wilful default of the Bank, its officers or employees, the Bank does not assume any liability or responsibility to the Cardholder or any third party for the consequences arising out of or in connec- tion with: (a) access to the use of the Card and/or related banking services by the Cardholder or any other person whether or not authorized unless Clause 9.4 applies;

Appears in 2 contracts

Samples: Bank of Communications China Unionpay Dual Currency Credit Card Cardholder Agreement, Cardholder Agreement

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Liability for Card. 9.1 The Principal Cardholder is liable for the total amount due (both by the Principal Cardholder and all the Supplementary Cardholders) to the Bank in respect of the Card Account and all transactions effected and/or liabilities incurred by the Principal Cardholder and all the Supplementary Cardholders and/or through the use of the Principal Card and all the Supplementary Cards. 9.2 Each Supplementary Cardholder is liable only for the transactions effected and/or liabilities incurred by him/her and/or through the use of his/her Supplementary Card. 9.3 Any invalidity, unenforceability, release or discharge of the liability of any Cardholder to the Bank shall not affect, reduce, release or discharge the liability of any other Cardholder(s) (if any) to the Bank. 9.4 Provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the Cardholder shall not be responsible for the losses and damages incurred: (a) in the event of misuse when the Card has not been received by the Cardholder; (b) for all transactions not authorized by the Cardholder after the Bank has been given adequate notification that the Card and/or the PIN has been lost or stolen or when someone else knows the PIN; (c) when faults have occurred in the terminals, or other systems used, which cause the Cardholder to suffer direct losses and damages, unless the fault was obvious or advised by a message or notice on display; and (d) when transactions are made through the use of counterfeit credit cards. 9.5 Subject to Clause 9.6 and provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the maximum liability of the Cardholder for loss, theft or unauthor- ized use of the Card shall not exceed HKD500 provided that such limit shall be confined to loss specifically related to the Card Account and does not cover cash advances. 9.6 Notwithstanding anything contained herein to the contrary, the Cardholder will be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Card if the Cardholder has acted fraudulently or with gross negligence, or has failed to comply with Clause(s) 4 and/or 5 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Card, or if the unauthorized use of the Card involves the use of the Cardholder's PIN with or without the Cardholder's knowledge. The Cardholder hereby agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof. 9.7 Unless due to the negligence or wilful default of the Bank, its officers or employees, the Bank does not assume any liability or responsibility to the Cardholder or any third party for the consequences arising out of or in connec- tion with: (a) access to the use of the Card and/or related banking services by the Cardholder or any other person whether or not authorized unless Clause 9.4 applies;

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Card. 9.1 The Principal Cardholder is liable for the total amount due (both by the Principal Cardholder and all the Supplementary Cardholders) to the Bank in respect of the Card Account and all transactions effected and/or liabilities incurred by the Principal Cardholder and all the Supplementary Cardholders and/or through the use of the Principal Card and all the Supplementary Cards. 9.2 Each Supplementary Cardholder is liable only for the transactions effected and/or liabilities incurred by him/her and/or through the use of his/her Supplementary Card. 9.3 Any invalidity, unenforceability, release or discharge of the liability of any Cardholder to the Bank shall not affect, reduce, release or discharge the liability of any other Cardholder(sCardhold- er(s) (if any) to the Bank. 9.4 Provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the Cardholder shall not be responsible for the losses and damages incurred:incurred:- (a) in the event of misuse when the Card has not been received by the Cardholder; (b) for all transactions not authorized by the Cardholder after the Bank has been given adequate notification that the Card and/or the PIN has been lost or stolen or when someone else knows the PIN; (c) when faults have occurred in the terminals, or other systems used, which cause the Cardholder to suffer direct losses and damages, unless the fault was obvious or advised by a message or notice on display; and (d) when transactions are made through the use of counterfeit credit cards. 9.5 Subject to Clause 9.6 and provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the maximum liability of the Cardholder for loss, theft or unauthor- ized unauthorized use of the Card shall not exceed HKD500 HK$500 provided that such limit shall be confined to loss specifically related to the Card Account and does not cover cash advances. 9.6 Notwithstanding anything contained herein to the contrary, the Cardholder will be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Card if the Cardholder has acted fraudulently or with gross negligence, or has failed to comply with Clause(s) 4 and/or 5 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Card, or if the unauthorized use of the Card involves the use of the Cardholder's PIN with or without the Cardholder's knowledge. The Cardholder hereby agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof. 9.7 Unless due to the negligence or wilful default of the Bank, its officers or employees, the Bank does not assume any liability or responsibility to the Cardholder or any third party for the consequences arising out of or in connec- tion connection with: (a) access to the use of the Card and/or related banking services by the Cardholder or any other person whether or not authorized unless Clause 9.4 applies;

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Card. 9.1 The Principal Cardholder is liable for the total amount due (both by the Principal Cardholder and all the Supplementary Cardholders) to the Bank in respect of the Card Account and all transactions effected and/or liabilities incurred by the Principal Cardholder and all the Supplementary Cardholders and/or through the use of the Principal Card and all the Supplementary Cards. 9.2 Each Supplementary Cardholder is liable only for the transactions effected and/or liabilities incurred by him/her and/or through the use of his/her Supplementary Card. 9.3 Any invalidity, unenforceability, release or discharge of the liability of any Cardholder to the Bank shall not affect, reduce, release or discharge the liability of any other Cardholder(s) (if any) to the Bank. 9.4 Provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the Cardholder shall not be responsible for the losses and damages incurred:incurred:- (a) in the event of misuse when the Card has not been received by the Cardholder; (b) for all transactions not authorized by the Cardholder after the Bank has been given adequate notification that the Card and/or the PIN has been lost or stolen or when someone else knows the PIN; (c) when faults have occurred in the terminals, or other systems used, which cause the Cardholder to suffer direct losses and damages, unless the fault was obvious or advised by a message or notice on display; and (d) when transactions are made through the use of counterfeit credit cards. 9.5 Subject to Clause 9.6 and provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the maximum liability of the Cardholder for loss, theft or unauthor- ized unauthorized use of the Card shall not exceed HKD500 HK$500 provided that such limit shall be confined to loss specifically related to the Card Account and does not cover cash advances. 9.6 Notwithstanding anything contained herein to the contrary, the Cardholder will be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Card if the Cardholder has acted fraudulently or with gross negligence, or has failed to comply with Clause(s) 4 and/or 5 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Card, or if the unauthorized use of the Card involves the use of the Cardholder's PIN with or without the Cardholder's knowledge. The Cardholder hereby agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof. 9.7 Unless due to the negligence or wilful default of the Bank, its officers or employees, the Bank does not assume any liability or responsibility to the Cardholder or any third party for the consequences arising out of or in connec- tion connection with: (a) access to the use of the Card and/or related banking services by the Cardholder or any other person whether or not authorized unless Clause 9.4 applies;

Appears in 1 contract

Samples: Cardholder Agreement

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Liability for Card. 9.1 The Principal Cardholder is liable for the total amount due (both by the Principal Cardholder and all the Supplementary Cardholders) to the Bank in respect of the Card Account and all transactions effected and/or liabilities incurred by the Principal Cardholder and all the Supplementary Cardholders and/or through the use of the Principal Card and all the Supplementary Cards. 9.2 Each Supplementary Cardholder is liable only for the transactions effected and/or liabilities incurred by him/her and/or through the use of his/her Supplementary Card. 9.3 Any invalidity, unenforceability, release or discharge of the liability of any Cardholder to the Bank shall not affect, reduce, release or discharge the liability of any other Cardholder(s) (if any) to the Bank. 9.4 Provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the Cardholder shall not be responsible for the losses and damages incurred: (a) in the event of misuse when the Card has not been received by the Cardholder; (b) for all transactions not authorized by the Cardholder after the Bank has been given adequate notification that the Card and/or the PIN has been lost or stolen or when someone else knows the PIN; (c) when faults have occurred in the terminals, or other systems used, which cause the Cardholder to suffer direct losses and damages, unless the fault was obvious or advised by a message or notice on display; and (d) when transactions are made through the use of counterfeit credit cards. 9.5 Subject to Clause 9.6 and provided that the Cardholder has acted in good faith and with due care (including taking the precautious steps under Clause 4 and reporting loss, theft and/or unauthorized use of the Card in accordance with Clause 5), the maximum liability of the Cardholder for loss, theft or unauthor- ized unauthorized use of the Card shall not exceed HKD500 provided that such limit shall be confined to loss specifically related to the Card Account and does not cover cash advances. 9.6 Notwithstanding anything contained herein to the contrary, the Cardholder will be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Card if the Cardholder has acted fraudulently or with gross negligence, or has failed to comply with Clause(s) 4 and/or 5 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Card, or if the unauthorized use of the Card involves the use of the Cardholder's PIN with or without the Cardholder's knowledge. The Cardholder hereby agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof. 9.7 Unless due to the negligence or wilful default of the Bank, its officers or employees, the Bank does not assume any liability or responsibility to the Cardholder or any third party for the consequences arising out of or in connec- tion connection with: (a) access to the use of the Card and/or related banking services by the Cardholder or any other person whether or not authorized unless Clause 9.4 applies;

Appears in 1 contract

Samples: Bank of Communications China Unionpay Dual Currency Credit Card Cardholder Agreement

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