Your indemnity to us. Where we act upon a facsimile, telephone, e-mail or other electronic instruction from you regarding your Credit Card Account, and that instruction appears to our reasonable satisfaction to have been made in accordance with authorities held by us, to the extent permitted at law you indemnify us against all losses, claims and expenses that we may incur by reason of acting upon the instruction. Without further authority or enquiry we may debit your Credit Card Account with all such claims and expenses, whether or not your Credit Card Account may exceed its credit limit as a result. As a result, interest may be charged as explained in clause 7 of these Terms and Conditions.
Your indemnity to us. Without limiting clause 11 or other indemnities provided by you in your Market Agreement, you must indemnify us for any Loss suffered or incurred by us which is caused by:
(a) a breach by you of your Market Agreement; or
(b) any negligent or wrongful acts, or intentional misconduct by you, in relation to your Market Agreement to the maximum amount that we are allowed to be compensated under the common law (including in equity) or statute.
Your indemnity to us. Where we act upon a facsimile, telephone, email or other electronic instruction from you regarding your Credit Card Account, and that instruction appears to our reasonable satisfaction to have been made in accordance with authorities held by us, to the extent permitted at law you indemnify us against all losses, claims and expenses, that we may incur by reason of acting upon the instruction.
Your indemnity to us. You are liable and will indemnify us against all loss arising from or in relation to: a claim against us arising out of the death of or personal injury to our personnel or representatives, to the extent that such damage or loss is caused by an act or omission by you or any of your personnel or representatives; any damage to or loss of any equipment, network or other tangible property of ours or any third party to the extent that such loss is caused by an act or omission by you or any of your personnel or representatives; a claim by a third party against us to the extent that the claim relates to any act or omission of you or any of your personnel or representatives in relation to this contract; all loss (including consequential and indirect loss or damage) arising from any breach by you or your personnel or representatives of Clause 12; if we use a Third Party Supplier in providing the Services, you will indemnify us for all loss suffered by us as a result of a claim by you or a third party against the Third Party Supplier (excluding claims for death, personal injury or physical damage to tangible property) arising from or in connection with the supply or cessation of supply of the Services; you will indemnify us for all loss suffered by us as a result of a third party claim against us (excluding claims for death, personal injury or damage to tangible property) arising from or in connection with the supply or cessation of supply of the Services. Without limiting any other term of this contract, you will release us from any and all loss to the extent that such loss or liability is caused by a negligent act or omission of you or any of your personnel or representatives.
Your indemnity to us. You will indemnify us on demand and in full for any loss or damage that we suffer (including (i) any charges or assessments imposed by XXXXX as a result of a breach by you of the ACH Rules and (ii) any expenses and costs incurred by us, such as legal fees) as a result of:
(a) your use of or access to the Pay In services, the Pay Out services, the VBAN, or the Nium Account;
(b) any breach by you of the ACH Rules; or
(c) your breach of these Terms, if we have to enforce any provisions of these Terms against you (for example, if you fail to pay us any sums due to us).
Your indemnity to us. You are liable and will indemnify us against all loss arising from or in relation to:
a. a claim against us arising out of the death of or personal injury to our personnel or representatives, to the extent that such damage or loss is caused by an act or omission by you or any of your personnel or representatives;
b. any damage to or loss of any equipment, network or other tangible property of ours or any third party to the extent that such loss is caused by an act or omission by you or any of your personnel or representatives;
c. a claim by a third party against us to the extent that the claim relates to any act or omission of you or any of your personnel or representatives in relation to this contract;
d. all loss (including consequential and indirect loss or damage) arising from any breach by you or your personnel or representatives of Clause 12;
e. if we use a Third Party Supplier in providing the Services, you will indemnify us for all loss suffered by us as a result of a claim by you or a third party against the Third Party Supplier (excluding claims for death, personal injury or physical damage to tangible property) arising from or in connection with the supply or cessation of supply of the Services;
f. you will indemnify us for all loss suffered by us as a result of a third party claim against us (excluding claims for death, personal injury or damage to tangible property) arising from or in connection with the supply or cessation of supply of the Services. Without limiting any other term of this contract, you will release us from any and all loss to the extent that such loss or liability is caused by a negligent act or omission of you or any of your personnel or representatives.
Your indemnity to us. You will defend and hold harmless us and our affiliates, employees, officers, directors, agents, successors and assigns, at your own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) your Content;
Your indemnity to us. You will indemnify us on demand and in full for any loss or damage we suffer (including any expenses and costs incurred by us, such as legal fees) as a result of:
(a) your use of or access to the Services,
(b) your breach of these Terms, if we have to enforce any provisions of these Terms against you (for example if you fail to pay us any sums due to us), or
(c) any acts and/or omissions of the Platform Provider with respect to the Platform or any services independently and separately provided to you, or facilitate by, the Platform Provider.
Your indemnity to us. You agree to indemnify and hold harmless on demand PathaPradipa, its parent company, affiliates, licensors and partners(and keep them indemnified and held harmless) from all damages, liabilities, claims and expenses, including legal fees, in connection with:
11.4.1 any alleged or actual breach of this Agreement by you;
11.4.2 the use of the Product by you or any person on your behalf;
Your indemnity to us. You will indemnify and hold us, our Affiliates, and our respective officers, directors, employees, contractors, agents, and servants, harmless from and against any third party claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and professional fees, arising out of or in any way connected with your breach of any law in the course of your accessing or using any of our Products or providing us with any of Your Data.
