Our Liability. 12.1 Our liability in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations: 12.1.1 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; 12.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; 12.1.3 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 to that which was incorrectly deducted from your Available Balance; 12.1.4 in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account. 12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require. 12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud. 12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. 12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
Appears in 10 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Our Liability. 12.1 Our liability in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 we 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;
12.1.2 we We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3 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 to that which was incorrectly deducted from your Available Balance;
12.1.4 in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
Appears in 1 contract
Our Liability. 12.1 Our 18.1.1 Subject to paragraph 17.2, our liability in connection with this these Terms and Conditions Agreement (whether arising in contract, tort (including negligence)tort, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 (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 fundsfunds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
12.1.2 (b) 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;
12.1.3 (c) 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, refund of the Available Balance;
(d) 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 to amount;
(e) in the unlikely event that which was incorrectly sums are deducted from your Available Balance;Balance but you did not authorise such deduction in accordance with this Agreement, then our liability shall be as set out in paragraph 12; and
12.1.4 (f) in all other circumstances of our default, our liability will be limited to transferring any refund of the Available Balance to your nominated bank accountBalance.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
Appears in 1 contract
Samples: Customer Terms and Conditions
Our Liability. 12.1 Our 17.1 Subject to paragraph 18.2, our liability in connection with this these Terms and Conditions Agreement (whether arising in contract, tort (including negligence)tort, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 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 fundsfunds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
12.1.2 17.1.2 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;
12.1.3 17.1.3 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, refund of the Available Balance;
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 to amount;
17.1.5 in the unlikely event that which was incorrectly sums are deducted from your Available Balance;Balance but you did not authorise such deduction in accordance with this Agreement, then our liability shall be as set out in paragraph 12; and
12.1.4 17.1.6 in all other circumstances of our default, our liability will be limited to transferring any refund of the Available Balance to your nominated bank accountBalance.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 17.2 Nothing in these Terms and Conditions 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.
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 17.3 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 these Terms and Conditionsthis Agreement.
Appears in 1 contract
Samples: Customer Terms and Conditions
Our Liability. 12.1 Our liability in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 we 15.1. 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 fundsfunds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
12.1.2 we shall not be liable for ii. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3 where iii. 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.
15.2. We will not be liable to you if your contact details have changed and you have not told us.
15.3. Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.
15.4. 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 to that which was incorrectly deducted from your Available Balance;
12.1.4 in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank accountamount.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 15.5. Nothing in these Terms and Conditions this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 15.6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 15.7. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Scheme, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms this Agreement.
15.8. For all other matters not expressly covered in this condition 15, and Conditionsto the extent permitted by applicable law, our total aggregate liability shall be limited to the total amount of money that has passed through your Account over the 12-month period prior to the claim.
Appears in 1 contract
Samples: Cardholder Agreement
Our Liability. 12.1 16.1 Our liability in connection with this these Terms and Conditions Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 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;funds and/or failure of network services at cash machines, maximum withdrawal limits set by cash machine operators and failure of data processing systems,
12.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;,
12.1.3 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,
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 to that which was incorrectly deducted from your Available Balance;amount, and
12.1.4 16.1.5 in all other circumstances of our default, our liability will be limited to transferring any redemption of the Available Balance to your nominated bank accountBalance.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 16.2 Nothing in these Terms and Conditions this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates and such as Clydesdale Bank PLC, 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 these Terms and Conditionsthis Agreement.
Appears in 1 contract
Samples: Prepaid Card Agreement
Our Liability. 12.1 Our 17.1.1 Subject to paragraph 17.2, our liability in connection with this these Terms and Conditions Agreement (whether arising in contract, tort (including negligence)tort, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 (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 fundsfunds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
12.1.2 (b) 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;
12.1.3 (c) 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, refund of the Available Balance;
(d) 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 to amount;
(e) in the unlikely event that which was incorrectly sums are deducted from your Available Balance;Balance but you did not authorise such deduction in accordance with this Agreement, then our liability shall be as set out in paragraph 12; and
12.1.4 (f) in all other circumstances of our default, our liability will be limited to transferring any refund of the Available Balance to your nominated bank accountBalance.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
Appears in 1 contract
Samples: Customer Terms and Conditions
Our Liability. 12.1 15.1. Our liability in connection with this these Terms and Conditions Agreement (whether arising in contract, tort (including negligence)tort, breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 15.1.1. we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, to a lack failure of fundsnetwork services and data processing systems;
12.1.2 15.1.2. we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3 15.1.3. where sums are incorrectly deducted from your Available Balance the Card is faulty due to our default, our liability shall be limited to payment to you replacement of an equivalent amount to that which was incorrectly deducted from your Available Balance;the Card; and
12.1.4 15.1.4. in all other circumstances of our where we are in default, our liability will be limited to transferring any redemption of the Available Balance to remaining on your nominated bank accountCard.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 15.2. Nothing in these Terms and Conditions this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 15.3. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 15.4. The above exclusions and limitations set out in this paragraph 15 shall apply to any liability of our affiliates and such as the Programme Manager, 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.
15.5. If you have any disputes about purchases that you have made using the Card, you should settle these Terms and Conditionswith the Merchant. Neither we nor the Programme Manager are responsible for the quality, safety, legality or any other aspect of any goods or services purchased with the Card.
Appears in 1 contract
Samples: General Terms and Conditions
Our Liability. 12.1 Our liability in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 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 fundsfunds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
12.1.2 we shall not be liable for ii. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3 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.
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 to that which was incorrectly deducted from your Available Balance;
12.1.4 in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank accountamount.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 16.5. Nothing in these Terms and Conditions this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 16.6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 16.7. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms this Agreement.
16.8. For all other matters not expressly covered in this condition 16, and Conditionsto the extent permitted by applicable law, our total aggregate liability shall be limited to the total amount of money that you have deposited into your Account over the 12-month period prior to the claim.
Appears in 1 contract
Samples: Prepaid Card Agreement
Our Liability. 12.1 Our liability and the liability of our agents in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 we Neither we, nor our agents 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;
12.1.2 we Neither we, nor our agents shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special special, or punitive losses;
12.1.3 where sums are incorrectly deducted from your Available Balance due to our default, our liability and that of our agents shall be limited to payment to you of an equivalent amount to that which was incorrectly deducted from your Available Balance;
12.1.4 in all other circumstances of our default, our liability and that of our agents jointly will be limited to transferring any Available Balance to your nominated bank account.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us and our agents with all assistance that we reasonably require.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability or that of our agents for death or personal injury resulting from our negligence or fraud.
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents agents, or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
Appears in 1 contract
Samples: Terms and Conditions
Our Liability. 12.1 Our liability in connection with this these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 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;but
12.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3 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 to that which was incorrectly deducted from your Available Balance;
12.1.4 in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.our
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
Appears in 1 contract
Samples: Modulr Client Application Form
Our Liability. 12.1 16.1 Our liability in connection with this these Terms and Conditions Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 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;funds and/or failure
12.1.2 16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;,
12.1.3 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,
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 to amount,
16.1.5 in the unlikely event that which was incorrectly sums are deducted from your Available Balance;Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 12, and
12.1.4 16.1.6 in all other circumstances of our default, our liability will be limited to transferring any redemption of the Available Balance to your nominated bank accountBalance.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 16.2 Nothing in these Terms and Conditions this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.our
12.4 16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates and such as, 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 these Terms and Conditionsthis Agreement.
16.5 In the event of suspected or actual fraud or security threat to 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 for security purposes.
Appears in 1 contract
Samples: Cardholder Agreement
