Common use of CONCLUSIVENESS OF DOCUMENTS AND CERTIFICATES Clause in Contracts

CONCLUSIVENESS OF DOCUMENTS AND CERTIFICATES. 12.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss or damage incurred or suffered as a consequence of: 12.2.1 the refusal of any Merchant to honour or accept any Card for any reason whatsoever including, but not limited to, the negligent act or omission of DBS or its servants or agents; 12.2.2 any malfunction, defect or error in any Terminal, or other machines or system of authorisation whether belonging to or operated by DBS or otherwise, howsoever caused; 12.1.3 any rejection of any Card or the PIN of any Card by any Terminal or any failure to effect or complete any Card Transaction or PIN Transaction howsoever caused; 12.1.4 any refusal on DBS’s part to authorise or approve any Card Transaction; 12.1.5 any delay or inability of DBS (or of its servants, agents or contractors) to perform any of its obligations pursuant to this Agreement because of any mechanical, data processing or telecommunication failure, Act of God, civil disturbance or any event outside the control of DBS (or of its servants, agents or contractors) or as a consequence of any fraud or forgery; or 12.1.6 any damage to or loss of or inability to retrieve any data or information that may be stored in any Card or any microchip or circuit or device in any Card howsoever caused. 12.2 DBS shall not be responsible for the goods or services pertaining to any Card Transaction or the delivery, quality or performance of such goods or services. DBS shall also not be responsible for any benefits, discounts or programmes of any Merchant which DBS may make available or introduce to the Cardmember or any Cardholder. DBS shall be entitled to charge the relevant Card Account(s) in respect of all Card Transactions effected by the use of any Card or the PIN or Card Account number of the Card in spite of the non-delivery or non-performance of or any defect in any goods or services or the failure of any Merchant to provide or make available to the Cardmember or the Cardholder any of those benefits, discounts or programmes. The Cardmember or Cardholder must seek redress in respect of such goods, services, benefits, discounts and programmes from the Merchant directly.