Liability in connection with ez-link Facility. (a) Notwithstanding anything to the contrary contained herein, neither we, EZL nor any of our respective agents shall be liable, whether or not arising out of the negligence of any of us and/or our respective officers, employees, or agents, for any losses, damages, expenses, claims, liability and costs (including cost on a solicitor and client basis) that you may incur or suffer in connection with:- (i) the use or issue of the ez-link Facility incorporated in the Card; or (ii) any period where any equipment, software or system is unavailable for processing the use of the ez-link Facility for payment; or (iii) any delay or detention arising from use of the ez-link Facility (including any Card where the ez-link Facility is defective). (b) Where the ez-link Facility incorporated in the Card has been damaged or is defective, the equipment used by the Qualified Merchants may not accept the ez-link Facility as payment. Neither we, EZL nor any of our respective agents shall be liable for any loss, delay or inconvenience that may be incurred if the ez-link Facility incorporated in the Card is not accepted by such equipment. (c) Notwithstanding any other provision of this Agreement, XXX’s total liability to you under this Agreement and at law shall not exceed in aggregate the sum of S$100.00 per Card. (d) Citibank’s total liability to you in respect of the ez-link Facility incorporated into the Card shall not exceed the stored value on the ez-link Facility as of the date your claim arises.
Appears in 7 contracts
Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Liability in connection with ez-link Facility. (a) Notwithstanding anything to the contrary contained herein, neither we, EZL nor any of our respective agents shall be liable, whether or not arising out of the negligence of any of us and/or our respective officersofficers, employees, or agents, for any losses, damages, expenses, claims, liability and costs (including cost on a solicitor and client basis) that you may incur or suffer in connection with:-
(i) the use or issue of the ez-link Facility incorporated in the Card; or
(ii) any period where any equipment, software or system is unavailable for processing the use of the ez-link Facility for payment; or
(iii) any delay or detention arising from use of the ez-link Facility (including any Card where the ez-link Facility is defective).
(b) Where the ez-link Facility incorporated in the Card has been damaged or is defective, the equipment used by the Qualified Qualified Merchants may not accept the ez-link Facility as payment. Neither we, EZL nor any of our respective agents shall be liable for any loss, delay or inconvenience that may be incurred if the ez-link Facility incorporated in the Card is not accepted by such equipment.
(c) Notwithstanding any other provision of this Agreement, XXX’s total liability to you under this Agreement and at law shall not exceed in aggregate the sum of S$100.00 per Card.
(d) Citibank’s total liability to you in respect of the ez-link Facility incorporated into the Card shall not exceed the stored value on the ez-link Facility as of the date your claim arises.
Appears in 3 contracts
Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement