Liability of the Merchant Sample Clauses

Liability of the Merchant. 1The Merchant shall indemnify Strex and the relevant MNOs for any possible damage and loss caused by the Merchant's breach of the Agreement or violation of applicable legislation.
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Liability of the Merchant. 24.1. The Merchant hereby warrants that every customer, on whose account a debit is drawn, will have signed an authority for the customer’s bank to debit or credit such customer’s account accordingly, and the Merchant acknowledges that there is no onus or obligation on the customer’s bank, or any other person, to ensure that the amounts and/or account numbers on entries submitted under such authority are in fact correct. 24.2. In the event a voice-recorded mandate is obtained, it must be carried out in accordance with the provisions of the Electronic Communications and Transactions Act, No 25 of 2002 and the Merchant acknowledges that there is no onus or obligation on the customer’s bank or any other person to ensure that the amounts and/or account numbers on entries submitted under such authority are in fact correct. 24.3. In all cases where debits are collected from other parties, the Merchant undertakes to obtain written authorisations from such parties before debits are collected, to safeguard such authorisations at all times, and to make them available to NuPay for inspection, at any reasonable time, as and when requested by NuPay. 24.4. The Merchant hereby indemnifies NuPay against any damage, loss, injury, and/or consequential damage that the Merchant may sustain as a result of incorrect and/or illegal instructions that may be given to NuPay by the Merchant, including, but not restricted to, instructions for crediting any of the account(s) of the Merchant with an amount to which the Merchant is not legally entitled from the account of a third party, as well as against any damage caused by a person who gained unauthorised access to the computer system by using computer hardware and/or computer software in the possession or under the control of the Merchant. 24.5. The Merchant undertakes to repay to NuPay on demand any amount credited against the Merchant’s account on the Merchant’s express instructions while such amount is not covered by an expressly agreed facility and/or funds to the credit of the said account. 24.6. The Merchant undertakes to submit all instructions to NuPay timeously according to the User Manual. Should the instructions not be delivered in full according to the agreed date(s), NuPay will be entitled to deviate from the User Manual; NuPay undertake to make, however, reasonable efforts to adhere to the User Manual. The parties record that it is and remains the responsibility of the Merchant to ensure that all such instructions for ...
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Liability of the Merchant. The Merchant shall exercise the degree of care and expertise expected of a responsible businessperson and shall be liable for and shall indemnify the Company from and against all expenses, costs, claims, obligations or any liability and all other direct damage or loss arising from any breach by the Merchant of its obligations under the Agreement and/or of applicable laws and regulations.
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Liability of the Merchant. Tripli Hotels shall not be liable for any damages, losses, or liabilities incurred by users as a result of using the website, including but not limited to errors, omissions, or inaccuracies in the information provided on the site. Privacy Policy: - Tripli Hotels Private Limited (hereafter "Tripli Hotels") collects personal and sensitive data from users accessing its services, such as Name, date of birth, contact details, KYC documents for booking related purposes. - To secure reservations via all channels (telephone, website, or smartphone application), Tripli Hotels requires the following information: full 16-digit debit/credit card number, cardholder name, card type (VISA, Mastercard, or Maestro), three-digit security code, and expiry date. - Debit/credit card details are solely used to secure bookings. Tripli Hotels will only charge the account if cancellation procedures are not followed. Reservations cancelled before the cancellation period will be refunded, while no-shows or failure to cancel within the cancellation period will result in a charge for the full penalty on the paid amount - Tripli Hotels disclaims liability for data use and reservations made via third-party websites/agents. Users are advised to review relevant privacy policies and terms and conditions of these parties. - Purpose of Collection: The collected information is used for facilitating bookings, providing personalised services, and improving user experience on the website. - Disclosure of Information: Tripli Hotels values guest privacy and commits not to sell or disclose guests' personal information to any individual, business, or third party, except in emergency situations or when deemed necessary as part of our duty of care or when required by law. - Security Practices: Internet is not a safe place however Tripli Hotels adopts reasonable security measures to safeguard the collected data from unauthorised access, disclosure, alteration, or destruction. - Primary guest must be above 18 years of age - The standard check in time is 12 PM & Standard check out time is 10 AM - Early check in & late check out will be subject to availability and shall be charged. The charges may vary from hotel to hotel - Booking extension at the time of stay shall depend on availability of inventory, please contact the Property manager of needed - Check in without valid government Id is not allowed - Full booking amount needs to be paid on or before check-in In case of advance booking a minimum of 30% ...
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Liability of the Merchant. The Merchant is liable vis-à-vis sIFS for damages incurred by IFS due to acts or omissions of any nature whatsoever of the Merchant, his employees and other third parties engaged by the Merchant in connection with this Agreement. In this respect, the Merchant undertakes to act with due care as a diligent operator (goede huisvader/bonne père de famille). Should one of the Card Associations impose penalties on IFS due to the Merchant’s intentional or negligent violation of one of his obligations under this Agreement, the Merchant fully holds IFS harmless against this, respectively fully indemnifies IFS for the corresponding amounts invoiced to IFS.
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Related to Liability of the Merchant

  • Liability of the Manager No provision of this Agreement shall be deemed to protect the Manager against any liability to the Fund or the shareholders of the Portfolio to which it might otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or the reckless disregard of its obligations under this Agreement.

  • Liability of the Bank (a) The Applicant assumes all risks of the acts or omissions of the Trustee, or any agent of the Trustee, and any transferee beneficiary of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (i) the use which may be made of the Letter of Credit or for any acts or omissions of the Trustee and any transferee beneficiary in connection therewith; (ii) the validity or genuineness of documents, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, fraudulent or forged; or (iii) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit; provided, however, that the Applicant shall have a claim against the Bank, and the Bank shall be liable to the Applicant, to the extent of any direct compensatory, as opposed to consequential, damages suffered by the Applicant which the Applicant proves were caused by the Bank's failure to act in good faith or to observe general banking usage in connection with the Letter of Credit or failure to examine documents presented under the Letter of Credit with care to determine whether they comply with the terms of the Letter of Credit (it being understood that the Bank assumes no liability or responsibility for the genuineness, falsification or effect of any document which appears on such examination to regular on its face). The Bank is hereby expressly authorized and directed to honor any demand for payment which is made under the Letter of Credit without regard to, and without any duty on its part to inquire into the existence of, any disputes or controversies between or among the Applicant, the Trustee, any transferee beneficiary of the Letter of Credit or any other Person or the respective rights, duties or liabilities of any of them, or whether any facts or occurrences represented in any of the documents presented under the Letter of Credit are true and correct. (b) The Bank represents and warrants to the Applicant that it has all necessary authority to enter into this Agreement and to issue the Letter of Credit.

  • Liability of the Member All debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and the Member shall not be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a member.

  • Liability of the Company The Company shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company herein.

  • Liability of the Evaluator The Trustee, the Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.

  • Liability of the Adviser (a) The Adviser shall have responsibility for the accuracy and completeness (and liability for the lack thereof) of statements in the Fund's Disclosure Documents. (b) The Adviser shall be liable to the Fund for any loss (including transaction costs) incurred by the Fund as a result of any investment made by the Adviser in contravention of: (i) any investment policy, guideline or restriction set forth in the Registration Statement or as approved by the Board from time to time and provided to the Adviser; or (ii) applicable law, including but not limited to the 1940 Act and the Code (including but not limited to the Fund's failure to satisfy the diversification or source of income requirements of Subchapter M of the Code) (the investments described in this subsection (b) collectively are referred to as "Improper Investments"). (c) The Adviser shall indemnify and hold harmless the Trust, each affiliated person of the Trust within the meaning of Section 2(a)(3) of the 1940 Act, and each person who controls the Trust within the meaning of Section 15 of the 1933 Act (any such person, an "Indemnified Party") against any and all losses, claims, damages, expenses or liabilities (including the reasonable cost of investigating and defending any alleged loss, claim, damage, expense or liability and reasonable counsel fees incurred in connection therewith) to which any such person may become subject under the 1933 Act, the 1934 Act, the 1940 Act or other federal or state statutory law or regulation, at common law or otherwise, insofar as such losses, claims, damages, expenses or liabilities (or actions in respect thereof) arise out of or are based upon: (i) a breach by the Adviser of this Agreement or of the representations and warranties made by the Adviser herein; (ii) any Improper Investment; (iii) any untrue statement or alleged untrue statement of a material fact contained in any Disclosure Document or the omission or alleged omission from a Disclosure Document of a material fact required to be stated therein or necessary to make the statements therein not misleading; or (iv) the Adviser's performance or non-performance of its duties hereunder; provided, however, that nothing herein shall be deemed to protect any Indemnified Party who is a Trustee or officer of the Trust against any liability to the Trust or to its shareholders to which such Indemnified Party would otherwise be subject by reason or willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's office with the Trust.

  • Liability of the Master Servicer Notwithstanding any Subservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer or a Subservicer or reference to actions taken through a Subservicer or otherwise, the Master Servicer shall remain obligated and liable to the Trustee and the Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of Section 3.01 without diminution of such obligation or liability by virtue of such Subservicing Agreements or arrangements or by virtue of indemnification from the Subservicer or the Company and to the same extent and under the same terms and conditions as if the Master Servicer alone were servicing and administering the Mortgage Loans. The Master Servicer shall be entitled to enter into any agreement with a Subservicer or Seller for indemnification of the Master Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification.

  • Liability of City CITY’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 3.3.1, “PAYMENT,” OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

  • Liability of the Parties 16.1 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and indemnify the others against any expense, liability, loss, claim or proceeding whatsoever arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and /or where acting as Lead Authority . 16.2 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and shall indemnify the others against any reasonable expense, liability, loss, claim or proceeding in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of or is caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority . 16.3 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall indemnify the others in respect of any reasonable loss caused to each of the other Parties as a direct result of that indemnifying Party’s negligence, wilful default or fraud or that of any of the indemnifying Party’s employees in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority. 16.4 Where a Party is appointed the Lead Authority under the terms of clause 12 of this Agreement, the other Parties shall each indemnify the Lead Authority on pro rata basis according to the proportions of their respective financial commitments as set out in Clause 10 of this Agreement with the intent that the Lead Authority shall itself be responsible for its own pro-rata share.

  • Liability of Seller Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by Seller and the representations and warranties of Seller.

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