Liability and Indemnification. (a) Unless otherwise provided by applicable laws, Bank shall not be liable for any loss or damage suffered by Client as a result of or arising from:
(i) breach of any documents signed by Client when opening the Account with Bank and/or accepting any product and service of Bank, including these Terms and Conditions;
(ii) Bank’s acts on any authorized Instruction or in good faith, or in accordance with usual banking practice;
(iii) any misunderstanding or misinterpretation of any Instruction whether given by phone, electronic means or otherwise (provided that Bank act in good faith);
(iv) Client’s inability of to gain access to or utilize any electronic service offered by Bank for the reason on Client’s part or under the circumstances that are beyond Bank’s reasonable control ; or
(v) Bank’s failure to provide services due to Force Majeure Events. except where such loss or damage is caused by other unauthorized transactions arising from the wilful misconduct or gross negligence on Bank’s part or any of Bank’s employees, agents or servants.
(b) Client agrees to keep Bank fully indemnified from any costs and expenses arising from:
(i) examining the application which need to be approved by Bank in accordance with these Terms and Conditions;
(ii) implementing or performing these Terms and Conditions;
(iii) recovering any receivables pursuant to these Terms and Conditions;
(iv) any fees or expenses for litigations of any nature for the protection of the Account and/or any product and service or arising out of or in connection with the Accounts and/or any product and service (including the attorney fee and the expenses calculated at a rate determined by Bank and the time spent by Bank’s employees).
(c) Client shall keep Bank fully indemnified from all actions, suits, proceedings, claims, losses, liabilities, demands, costs and expenses (including attorney fees calculated on the basis of full compensation) for accepting any Account and/or any product or service or maintaining and operating any Account and/or any product or service or for fraud, negligent or unauthorized use of such Account.
Liability and Indemnification. (a) The Bank shall not be liable for any liability, claim, loss or damage, demand, tax, cost, charge or expense of any kind which may be incurred or suffered by the Customer or any actions or proceedings which may be brought by or against the Customer as a result of or arising from
(i) the failure of the Customer to comply with these Terms and Conditions and to exercise due care in his dealings with the Bank;
(ii) the misunderstanding or misinterpretation of any instruction whether given by phone, electronic means or otherwise (provided that the Bank acts in good faith);
(iii) the inability of the Customer to gain access to or utilize any electronic banking service offered by the Bank;
(iv) any failure of the Bank to perform any obligation or service or take any action where such inability or failure is attributable directly or indirectly to any circumstance or event beyond the reasonable control of the Bank, including any equipment or computer malfunction, power, network or telecommunication failure or inadequacy, interruption, interception, error, delay or loss in transmission or transfer facilities, or the act or omission of any third party; or
(v) any reasons or causes beyond the Bank’s control, including without limitation, complying with any law, regulation, code, order, court freezing order, notice, guideline, directive or at the request of public or regulatory or governmental authorities as a result of any levy, tax, embargo, moratorium, exchange restriction or other act of government or other authority, any loss and mistake of postal or other strikes, closure or suspension of trading on any exchange, board of trade, market or clearing house, any act of God, fire, flood, frost, typhoon storm, explosion of force majeure.