Common use of NON-ACCEPTANCE OF CARD Clause in Contracts

NON-ACCEPTANCE OF CARD. To the extent permitted by law, we are not liable in any way: (a) should your Card or PIN be rejected by a Merchant or Participant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorised and/or unlawful access to, any machines, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lockouts, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card; (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) for the interception by or disclosure to any person (whether lawful or otherwise) of any data or information relating to you or any Card Transaction or Card Account transmitted through or stored in any electronic system or medium, howsoever caused; (g) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (h) any Electronic Service not being available due to system maintenance or breakdown or non- availability of any network; or (i) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not and shall not be liable for anything done or omitted to be done except in the case of our gross negligence or willful default.

NON-ACCEPTANCE OF CARD. To the extent permitted by law, we are not liable in any way: (a) should your Card or PIN be rejected by a Merchant or Participant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of systemof authorisation whether belonging to or operated whetherbelongingtooroperated by us or other personsusorotherpersons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorised and/or unlawful access to, any machines, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lockouts, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card; (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmissioncompromisedorimpaired duringtransmission, provided that providedthat such compromise or compromiseor impairment would not have been apparent to a reasonable person receiving such instruction; (f) for the interception by or disclosure to any person (whether lawful or otherwise) of any data or information relating to you or any Card Transaction or Card Account transmitted through or stored in any electronic system or medium, howsoever caused; (g) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (h) any Electronic Service not being available due to system maintenance or breakdown or non- availability of any network; or (i) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), any Participant, or any agent or subcontractor of orsubcontractorof any of the foregoing. In any event, we are not and shall not be liable for anything done or omitted to be done except in the case of our gross negligence or willful default.

NON-ACCEPTANCE OF CARD. To the extent permitted by law, we We are not liable in any way: (a) should your Card Card(s) or PIN PIN(s) be rejected by a Merchant or Participant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorised unauthorized and/or unlawful access to, any machinesmachine, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lockoutslock outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors subcontractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card Card(s) or any microchip or circuit or device in your CardCard(s); (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) for the interception by or disclosure to any person (whether lawful or otherwise) of any data or information relating to you or any Card Transaction or Card Account transmitted through or stored in any electronic system or medium, howsoever caused; (g) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (hg) any Electronic Service not being available due to system maintenance or breakdown or non- availability breakdown/non-­‐availability of any network; or (ih) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, internet Internet browser providers and internet Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not and shall not be liable for anything done or omitted to be done except in the case of our gross negligence or willful default.

NON-ACCEPTANCE OF CARD. To the extent permitted by law, we are not liable in any way: (a) should your Card or PIN be rejected by a Merchant or Participant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorised and/or unlawful access to, any machines, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lockouts, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card; (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) for the interception by or disclosure to any person (whether lawful or otherwise) of any data or information relating to you or any Card Transaction or Card Account transmitted through or stored in any electronic system or medium, howsoever caused; (g) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (h) any Electronic Service not being available due to system maintenance or breakdown or non- non-availability of any network; or (i) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not and shall not be liable for anything done or omitted to be done except in the case of our gross negligence or willful default.