Our Liability. 18.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations: 18.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems; 18.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; 18.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance; 18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; 18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and 18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance. 18.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud. 18.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. 18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement. 18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 6 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Our Liability. 18.1 18.1. Our liability in connection with this Agreement for whatever reason (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 18.1.1. we shall not be liable for us breaking a term of this Agreement or any default whether resulting directly or indirectly from any cause beyond our control, including but not limited to, a to lack of funds funds, and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 18.1.2. we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special indirect or punitive lossesconsequential losses and damages;
18.1.3 18.1.3. where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 18.1.4. where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;; and
18.1.5 18.1.5. in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph clause 14; and.
18.1.6 in 18.1.6. We shall not be liable for any Cashback you do not receive as a result of any Participating Retailer deciding to cancel their participation or changing the terms and conditions or level of benefits available nor have any liability to you under the Programme whatsoever.
18.1.7. We shall not be liable for any Cashback you do not receive as a result of your being unable to use your Card for any reason at any Participating Retailer.
18.1.8. In all other circumstances of our where we are in default, our liability will be limited to redemption of the Available BalanceBalance remaining on your Card.
18.2 18.2. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence negligence, misrepresentation or fraud.
18.3 18.3. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 18.4. The above exclusions and limitations set out in this paragraph clause 18 shall apply to any liability of our affiliates such as Mastercardaffiliates, and the Programme Manager, Company, Visa or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 18.5. In the event of suspected or actual fraud or a security threat posed to any Cards your Card or Account, we will may use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 4 contracts
Samples: Terms and Conditions, Prepaid Visa Card Terms and Conditions, Prepaid Visa Card Terms and Conditions
Our Liability. 18.1 11.1. We make no warranty that access to and use of the Payment Products will be uninterrupted or error free.
11.2. We are not liable to you for any loss, liability or damages you suffer which result from, are related to, or in any way are connected with any fraud control or restriction measures implemented from time to time, unless such loss, liability or damage is a direct result of Our fraud, gross negligence or willful misconduct in procuring the implementation of fraud control or purchase restriction measures that We have expressly agreed in writing to procure for you.
11.3. We shall not be liable to you for any loss or damage you may suffer as a result of any act or omission of an Account Manager or an Account Manager’s use or inability to use of the Payment Products.
11.4. You agree to indemnify Us against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incurs or which are brought against Us if you, or an Account Manager, has acted fraudulently, been negligent or has misused a Payment Product or any of the services provided under these Terms and Conditions.
11.5. We shall not be responsible in any way for any interest or claims of any third parties in respect of the Payment Products, except as required by law or regulation.
11.6. Our liability in connection with this Agreement these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall shall, unless otherwise stated, be subject to the following exclusions and limitations:
18.1.1 we 11.6.1. We shall not be liable for any default resulting directly or indirectly from any cause beyond our Our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systemsfunds;
18.1.2 we 11.6.2. We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 11.6.3. where sums are incorrectly deducted from your Available Balance due to our Our default, our Our liability shall be limited to payment to you of an equivalent amountamount to that which was incorrectly deducted from your Available Balance;
18.1.5 11.6.4. in the unlikely event that all other circumstances of Our default, but without prejudice to clauses 11.8 and 12, Our liability will be limited to transferring any Available Balance to your nominated bank account.
11.7. In circumstances where sums are incorrectly deducted from your Available Balance but due to Our fault, if We require your support to enable Us to recover the incorrect deduction, you did not authorise such deduction in accordance agree to provide Us with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balanceassistance that We reasonably require.
18.2 11.8. Nothing in this Agreement these Terms and Conditions shall exclude or limit our either party’s liability for death or personal injury resulting from our negligence or fraudfraud by the other party or any liability that cannot be excluded or limited by law.
18.3 11.9. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 11.10. The above exclusions and limitations set out in this paragraph shall apply to any liability of our Our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreementthese Terms and Conditions.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you11.11. We may ask you will not be liable for the non-performance or failure to verify your identity and/or identity provide any part of the Payment Products occurring as a result of any additional Cardholders events that are beyond Our reasonable control, for security purposesexample, but not limited to, fire, telecommunications or internet failure, utility failure, power failure, equipment failure, employment strife, riot, war, terrorist attack, non- performance of third party suppliers, acts of God such as storm or lightening damage, or other causes over which We have no reasonable control.
Appears in 3 contracts
Samples: E Wallet Terms and Conditions, Payment Services Agreement, E Wallet Terms and Conditions
Our Liability. 18.1 16.1 Our liability in connection with this Agreement these Tide Card Terms (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Tide Card is faulty due to our default, our liability shall be limited to replacement of the Tide Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are a Tide Card Transaction is incorrectly deducted from your Available Balance executed due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance Tide Business Account as a result the use of your Tide Card but you you, a Tide Platform User or Tide Cardholder did not authorise such deduction use of the Tide Card in accordance with this Agreement these Tide Card Terms then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balanceany funds we hold for you.
18.2 16.2 Nothing in this Agreement these Tide Card Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or fraudfor fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreementthese Tide Card Terms.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards or AccountTide Cards, we Tide will use SMS, telephone, post, email or another secure procedure to contact you. We Through Tide we may ask you to verify your their identity and/or or identity of any additional Tide Cardholders for security purposes.
Appears in 3 contracts
Samples: Tide Card Terms, Tide Card Terms, Tide Card Terms
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in the event of 15.5 being applicable, any liability rests with the requester of the sum(s); and
16.1.7 we decline any liability resulting from using the Account for personal purposes; and
16.1.8 we may at any time suspend, modify or discontinue, either temporarily or permanently, 3D Secure and will not be liable to you for any loss resulting from your use or attempted use of 3D Secure; or any suspension, modification or discontinuance of 3D Secure.
16.1.9 in all other circumstances of our default, our liability will be limited to the redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards your Card or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 2 contracts
Samples: Countingup Account Agreement, Countingup Account Agreement
Our Liability. 18.1 14.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 a) we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 b) we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 c) where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available BalanceCard Fund;
18.1.4 d) where sums are incorrectly deducted from your Available Balance Card Fund due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 e) in all other circumstances of our default, our liability will be limited to redemption of the Available BalanceCard Fund.
18.2 14.2 We are not responsible for ensuring that ATMs and point of sale terminals will accept the Card, or for the way in which a Merchant processes a transaction. We will not be liable to you for disputes concerning the quality of goods or services purchased on the Card or any additional fees charged by the operators of these terminals (for example when you withdraw currency from an ATM, the ATM provider may charge you an additional fee for the service).
14.3 Nothing in this Agreement shall exclude or will limit our liability to you for death or personal injury resulting from arising out of our negligence negligence, or for our fraud.
18.3 To the extent permitted , or insofar as any limitation or exclusion of liability is prohibited by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 2 contracts
Samples: Card Agreement, Card Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement these terms and conditions then our liability shall be as set out in paragraph 1412; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates such as MastercardMasterCard International Incorporated, and or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 2 contracts
Samples: Prepaid Card Agreement, Prepaid Card Terms and Conditions
Our Liability. 18.1 16.1 Our liability in connection with this Agreement these Tide Card Terms (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Tide Card is faulty due to our default, our liability shall be limited to replacement of the Tide Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are a Tide Card Transaction is incorrectly deducted from your Available Balance executed due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 In no event shall we be responsible for any late fees or other consequences, or damages caused by untimely receipt of payment by any payee when using your Online Debit Card;
16.1.6 in the unlikely event that sums are deducted from your Available Balance Tide Business Account as a result the use of your Tide Card but you you, a Tide Platform user or Tide Cardholder did not authorise such deduction use of the Tide Card in accordance with this Agreement these Tide Card Terms then our liability shall be as set out in paragraph 14clause 13; and
18.1.6 16.1.7 in all other circumstances of our default, our liability will be limited to redemption of the Available Balanceany funds we hold for you.
18.2 16.2 Nothing in this Agreement these Tide Card Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or fraudfor fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph clause shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreementthese Tide Card Terms.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards or AccountTide Cards, we Tide will use SMS, telephone, post, email or another secure procedure to contact you. We Through Tide we may ask you to verify your their identity and/or or identity of any additional Tide Cardholders for security purposes.
Appears in 2 contracts
Samples: Tide Card Terms, Tide Card Terms
Our Liability. 18.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 we 16.1 We shall not be liable for any loss arising:
i. from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable for ii. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where iii. from any use of this Card that is contrary to this Cardholder Agreement;
iv. for goods or services that are purchased with the Card; and
v. for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.
16.2 We will not be liable to you if your contact details have changed and you have not told us.
16.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;.
18.1.4 where 16.4 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.5 Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.6 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.7 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercardthe Schemes, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Cardholder Agreement.
18.5 In 16.8 For all other matters not expressly covered in this condition 17, and to the event extent permitted by applicable law, our total aggregate liability shall be limited to the total amount of suspected or actual fraud or security threat money that you have deposited into your Sokin Account over the 12-month period prior to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposesthe claim.
Appears in 2 contracts
Samples: Account and Cardholder Agreement, Account and Cardholder Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you or a Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact youthe Account Manager. We may ask you the Account Manager to verify your their identity and/or or identity of any additional Cardholders or Account Holder for security purposes.
Appears in 2 contracts
Samples: Quidity Plus Account Agreement, Quidity Plus Account Agreement
Our Liability. 18.1 Our 17.1. To the extent permitted by law, our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 17.1.1. we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 17.1.2. we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 17.1.3. where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption Redemption of the Available BalanceAvailableBalance;
18.1.4 17.1.4. where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 17.1.5. in the unlikely event that sums are deducted from your Available Balance but you or a Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 17.1.6. in all other circumstances of our default, our liability will be limited to redemption Redemption of the Available Balance.
18.2 17.2. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraudfraud or any other liability which may not be limited or excluded bylaw.
18.3 17.3. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. the Programme Manager has no liability to you under or in connection with the Card or this Agreement.
18.4 17.4. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 17.5. In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or or identity of any additional Cardholders for security purposes.
Appears in 2 contracts
Samples: Suits Me Account and Prepaid Mastercard Terms and Conditions, Suits Me Account and Prepaid Mastercard Terms and Conditions
Our Liability. 18.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.1.7 where Additional Services are being provided, we shall not be liable for any losses arising from false, inaccurate, or incomplete information entered into the Mobile Application by you.
16.1.8 Additional Services are not intended to provide, and should not be relied on for, tax, legal or accounting advice. If you are unsure, you should consult your own tax, legal and accounting advisors before using any Additional Services.
16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards your Card or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your you identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Account Agreement
Our Liability. 18.1 12.1 We only supply Our liability in connection with this Agreement (Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and We shall under no circumstances whatever be liable to You, whether arising in contract, tort (including negligence), breach of statutory duty duty, or otherwise) , for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.2 Subject to clause 12.5, We shall under no circumstances whatever be subject liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with a failure by Us to comply with these Terms and Conditions.
12.3 Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusion at clause 12.5 may not apply to You, provided always that We will not be responsible for any incidental or consequential loss that is not reasonably foreseeable to both You and Us when We entered into the contract. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We entered into the contract.
12.4 Subject to clause 12.5, Our total liability to You in respect of all losses arising under or in connection with the sale of the Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the following exclusions and limitations:fullest extent permissible by law) in no circumstances exceed the purchase price paid for the Product(s) by You.
18.1.1 we 12.5 Nothing in these terms shall not be liable limit or exclude Our liability for any default resulting directly liability for which it would be unlawful for Us to exclude or indirectly from any cause beyond our control, restrict liability (including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;:
18.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 Nothing in this Agreement shall exclude or limit our liability for (a) death or personal injury resulting from our negligence or fraud.
18.3 To the extent permitted caused by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates Our negligence; (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual b) Our fraud or security threat fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure pre-contract information); section 13 (match sample); section 14 (match model); section 15 (installation); section 16 (non- conforming digital content); sections 17 and 41 (trader right to contact you. We may ask you to verify your identity and/or identity supply); section 28 (delivery) and section 29 (passing of any additional Cardholders for security purposesrisk)).
Appears in 1 contract
Samples: Business to Consumer Contract
Our Liability. 18.1 Our 21.1 We make no express warranties to you except those expressly set out in this Agreement.
21.2 We do not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this Clause to be void.
21.3 We exclude:
21.3.1 from this Agreement all conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this Clause to be void (“Non Excludable Condition”);
21.3.2 all liability to you in contract for consequential or indirect damages arising out of or in connection with this Agreement (whether arising in contracteven if we were aware they were possible or they were otherwise foreseeable including, tort (including negligence)without limitation, breach lost profits and damages suffered as a result of statutory duty claims by any third person such as you or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack one of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14customers; and
18.1.6 21.3.3 all liability to you in all other circumstances negligence for acts or omissions of us or our default, our liability will be limited to redemption of the Available Balance.
18.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractorsemployees, agents or distributors contractors arising out of and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In 21.4 Our liability to you for breach of any express provision of this Agreement or any Non Excludable Condition (except a Non Excludable Condition implied by section 69 of the event Trade Practices Act 1974) is limited at our option to one of suspected supplying, replacing or actual fraud repairing the Goods or security threat supplying again the Services or Other Services in respect of which the breach occurred.
21.5 On request by you we will refund any amount paid by you for the Supplies in respect of which the breach occurred, rather than provide the remedy referred to any Cards or Accountabove.
21.6 If you are a consumer, as defined under the Trade Practices Xxx 0000, we will use SMS, telephone, post, email or another secure procedure do not exclude liability to contact you. We may ask you to verify your identity and/or identity for breach of any additional Cardholders Non Excludable Condition in respect of goods or services ordinarily acquired for security purposespersonal, domestic or household use and consumption.
21.7 Subject to Clause 21.8, you warrant that you have not relied on any representation made by us which has not been stated expressly in this Agreement or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us (other than an applicable Service Schedule).
21.8 You acknowledge that to the extent we have made any representation which is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.
Appears in 1 contract
Samples: Standard Form Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMscash machines, maximum withdrawal limits set by ATM cash machine operators and failure of data processing systems;,
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;loss
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;,
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;,
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; 12, and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.our
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates such as Mastercard® International Incorporated, and or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards your Card or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Cardholder Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement these Tide Card Terms (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Tide Card is faulty due to our default, our liability shall be limited to replacement of the Tide Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are a Tide Card Transaction is incorrectly deducted from your Available Balance executed due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance Tide Business Account as a result the use of your Tide Card but you you, a Tide Platform User or Tide Cardholder did not authorise such deduction use of the Tide Card in accordance with this Agreement these Tide Card Terms then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balanceany funds we hold for you.
18.2 16.2 Nothing in this Agreement these Tide Card Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or fraudfor fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreementthese Tide Card Terms.
18.5 16.5 In the event of suspected or actual fraud or security threat to any Cards or AccountTide Cards, we or Tide on our behalf will use SMS, telephone, post, email or another secure procedure to contact you. We Through Tide we may ask you to verify your their identity and/or or identity of any additional Tide Cardholders for security purposes.
Appears in 1 contract
Samples: Tide Card Terms
Our Liability. 18.1 Our liability 20.1 Subject to clause 20.4no party shall be liable to the others for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this Agreement (agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:;
18.1.1 we 20.2 We shall not be liable liable:
(i) if You are unable to use the Services or any of them for any default resulting directly fault or indirectly from any cause failure beyond our reasonable control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable (ii) if a Merchant refuses to accept a Transaction or fails to cancel an authorisation or pre-authorisation;
(iii) for the goods or services that are purchased with Your Account or Card;
(iv) for any loss of profitsloss, loss of business, fraud or any indirect, consequential, special or punitive lossestheft unless it is reported to Us without undue delay;
18.1.3 (v) where You have acted fraudulently or with gross negligence.
20.3 To the fullest extent permitted by relevant law, and subject to clause 20.4, our total liability under or arising from this agreement shall be limited as follows:
(i) where Your Account or Card is faulty due to our Our default, our Our liability shall be limited to replacement of the CardAccount and/or Card or, or at our Our choice, redemption repayment to You of the Available Balance;
18.1.4 (ii) where sums are incorrectly deducted from your Your Available Balance due to our defaultOur fault, our Our liability shall be limited to payment to you You of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in (iii) In all other circumstances of our Our default, our Our liability will be limited to redemption repayment of the amount of the Available Balance.
18.2 20.4 Nothing in this Agreement agreement shall exclude or limit our either party's liability for in respect of death or personal injury resulting arising from our that party's negligence or fraudfraudulent misrepresentation.
18.3 To 20.5 We shall not be liable for, or be considered in breach of this agreement on account of, any delay or failure to perform as required by this agreement as a result of any causes or conditions which are beyond Our reasonable control and which We are unable to overcome by the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excludedexercise of reasonable diligence.
18.4 The above exclusions and limitations set out 20.6 Funds to be used for Loads are held by the Issuer in this paragraph accordance with the terms specified by its Regulatory Authority. Lastbit shall apply not be liable to You for any liability default of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any the Issuer with regard to its proper management of their respective affiliates (if any), to you, which may arise in connection with this Agreementthose funds.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Network Access, Wallet and Mastercard Terms and Conditions
Our Liability. 18.1 Our liability to you is explained in connection with this Agreement (whether arising in contractany agreements, tort (including negligence)notices, breach of statutory duty or otherwise) shall be subject and disclosures that we separately provide to you from time to time regarding your Eligible Accounts and Online Services. This section explains our liability to you only to the following exclusions extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts or Online Services. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Services as expressly stated in this Agreement, and limitations:
18.1.1 we shall not will only be liable for any default resulting material losses incurred by you to the extent such losses directly result from our gross negligence or indirectly intentional misconduct in performing the Online Services. If we do not complete a transfer to or from any cause beyond your Eligible Accounts on time or in the correct amount according to our controlagreement with you, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your Eligible Account to make the transfer.
2. If the transfer would go over the credit limit on your overdraft line (if applicable).
3. If TBO was not working properly and you knew about the breakdown when you started the transfer.
4. If circumstances beyond our control (such as fire or flood) prevent the payment, despite reasonable precautions that we have taken.
5. There may be other exceptions stated in our agreement with you. We will not be obligated to honor, in whole or in part, any loss of profits, loss of business, transaction or any indirect, consequential, special or punitive losses;
18.1.3 where the Card instruction which: • is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall any term or condition applicable to the relevant Online Service or Eligible Account; • we have reason to believe may not be as set out authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in paragraph 14; and
18.1.6 in all other circumstances us exceeding any limitation of our default, our liability will be limited intra-day net funds position established pursuant to redemption present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Available Balance.
18.2 Nothing Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is not in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to accordance with any liability other requirement of our affiliates such as Mastercardapplicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. You are responsible for the installation, maintenance, operation, and other suppliers, contractors, agents or distributors any required upgrades to your computer and any of their respective affiliates (if any), the software used to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact youaccess TBO. We are not responsible for any errors or failures from any malfunction of your computer or the software, nor are we responsible for any computer virus, communications errors, or related problems that may ask you to verify your identity and/or identity be associated with the use of any additional Cardholders for security purposesTBO.
Appears in 1 contract
Samples: Terms and Conditions
Our Liability. 18.1 Our 17.1. To the extent permitted by law, our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 17.1.1. we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 17.1.2. we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 17.1.3. where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption Redemption of the Available BalanceAvailableBalance;
18.1.4 17.1.4. where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 17.1.5. in the unlikely event that sums are deducted from your Available Balance but you or a Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 17.1.6. in all other circumstances of our default, our liability will be limited to redemption Redemption of the Available Balance.
18.2 17.2. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraudfraud or any other liability which may not be limited or excluded bylaw.
18.3 17.3. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. the Programme Manager has no liability to you under or in connection with the Card or this Agreement.
18.4 17.4. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 17.5. In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or or identity of any additional Cardholders for security purposessecuritypurposes.
Appears in 1 contract
Samples: Suits Me Account and Prepaid Mastercard Terms and Conditions
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you you, Account Manager or Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as MastercardMasterCard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Tide Account Agreement
Our Liability. 18.1 Our Subject to paragraph 17.2, our liability in connection with this Agreement (whether arising in contract, tort (including negligence)tort, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable for any loss of profits, loss of business, (in each case whether direct or indirect) or for any indirect, consequential, special or punitive losses;
18.1.3 where the Monese Card is faulty due to our default, our liability shall be limited to replacement of the Monese Card, or at our choice, redemption refund of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement Agreement, then our liability shall be as set out in paragraph 1412; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption refund of the Available Balance.
18.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud, or otherwise to the extent that such liability cannot be limited or excluded under Applicable Laws and Regulations.
18.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and partners such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Customer Terms and Conditions
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you or a Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 1413; and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Quidity Plus Account Agreement
Our Liability. 18.1 a. Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 i. we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, to a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 ii. we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 iii. where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 iv. in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement these terms and conditions then our liability shall be as set out in paragraph 14clause 13; andv. we shall not be liable for any Cashback you do not receive as a result of any Participating Retailer deciding to cancel their participation or changing the terms, conditions or level of benefits available nor have any liability to you under the Programme whatsoever; vi. we shall not be liable for any Cashback you do not receive as a result of your being unable to use your Card for any reason at any Participating Retailer;
18.1.6 vii. in all other circumstances of our where we are in default, our liability will be limited to redemption of the Available BalanceBalance remaining on your Card.
18.2 b. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 c. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 d. The above exclusions and limitations set out in this paragraph clause 17 shall apply to any liability of our affiliates such as Mastercardthe Programme Manager, and Utility Warehouse Limited (trading as the Utility Warehouse), Sodexo Motivation Solutions UK Limited, Mastercard International Incorporated or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 e. In the event of suspected or actual fraud or security threat to any Cards your Card or Account, we will may use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Cardholder Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or and/ or failure of network services at ATMscash machines, maximum withdrawal limits set by ATM cash machine operators and failure of data processing systems;,
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;,
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;,
18.1.4 16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;,
18.1.5 16.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement these Terms and Conditions then our liability shall be as set out in paragraph 14; 12, and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates such as MastercardClydesdale Bank PLC, and MasterCard International Incorporated, or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Prepaid Travel Money Mastercard Terms and Conditions
Our Liability. 18.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 we 16.1 We shall not be liable for any loss arising:
i. from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable for ii. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where iii. from any use of this Card that is contrary to this Agreement;
iv. for goods or services that are purchased with the Card; and
v. for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.
16.2 We will not be liable to you if your contact details have changed and you have not told us.
16.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;.
18.1.4 where 16.4 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.5 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.6 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.7 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercardthe Schemes, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In 16.8 For all other matters not expressly covered in this condition 16, and to the event extent permitted by applicable law, our total aggregate liability shall be limited to the total amount of suspected or actual fraud or security threat money that you have deposited into your Account over the 12-month period prior to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposesthe claim.
Appears in 1 contract
Samples: Cardholder Terms and Conditions
Our Liability. 18.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
18.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
18.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
18.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;our
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; and
18.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as MastercardMasterCard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Prepaid Card Agreement
Our Liability. 18.1 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
18.1.1 16.1.1 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMscash machines, maximum withdrawal limits set by ATM cash machine operators and failure of data processing systems;.
18.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;,
18.1.3 16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;,
18.1.4 16.1.4 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with these Terms and Conditions then our liability shall be as set out in paragraph 12, and
16.1.5 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
18.1.5 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 14; , and
18.1.6 16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
18.2 16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
18.3 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
18.4 16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates such as MastercardClydesdale Bank PLC, and MasterCard® International Incorporated, or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
18.5 In the event of suspected or actual fraud or security threat to any Cards or Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity and/or identity of any additional Cardholders for security purposes.
Appears in 1 contract
Samples: Prepaid Card Agreement
