Common use of Disclaimer and Limitation of Liability Clause in Contracts

Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts to provide the Mobile App, you acknowledge that the Mobile App may not be available for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts to provide EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and assume all risks associated with the Mobile App, you acknowledge that acceptance of cards and the Mobile App may not be available for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsServices. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for lost profits, lost business, or any lossincidental, damage special, consequential, or expense punitive damages (whether or not arising out of circumstances known or foreseeable by us) you and/or your customers or any kind incurred or suffered by you arising from or third party suffers in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by usServices. We are not responsible liable for damages or losses wholly or partially caused by you and/or your employees or agents. Nor are we liable for any damages or losses you may sustain as a result of our exercise of post-default rights or remedies under this Agreement, provided we had a good-faith, reasonable basis to believe an Event of Default occurred. Our liability related to or arising out of this Agreement shall not exceed the fees paid to us for the biometric identity sensor technologyparticular Services in question for the calendar month preceding the date of our relevant act or omission. The parties acknowledge that the limitations in this Section are integral to the amount of fees we charge for the Services. Except as otherwise described in this Section, your exclusive remedy for any claim against us is termination of the Agreement. We do are not give in default under this Agreement or liable for any warrantydelay or loss in the performance, whether express failure to perform, or implied, interruption of any kind including any warranty of qualityServices resulting, accuracy directly or performanceindirectly, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses errors in data you or other destructive properties will parties provide to us, or any event beyond our reasonable control, including the Force Majeure Events defined below. If we defend a claim you bring against us and prevail, you shall reimburse us the costs we incurred, including but not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection limited to attorneys’ fees, and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile devicerelated expenses. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Disclaimer and Limitation of Liability. 3.1 While a. You agree that You use our services at Your sole risk. b. We do not warrant the accuracy or completeness of the materials or the reliability of any content on our website or in any other publication. You acknowledge that any reliance on any such content is at Your own risk. We disclaim liability for any errors and omissions in any content. c. Upon submitting a content removal application to a webhost, the webhost may make refence on their website to a content removal application having been received in relation to certain content. You acknowledge that in the event this is published by webhosts, this publication or its contents are outside the scope of the Work and are not covered by our content removal applications. d. Upon successful removal or de-indexing of a URL from Google as a result from our content removal applications, Google Inc may, in some instances, publish a text making reference to Lumen Database along the lines of “In response to a legal request submitted to Google, we make reasonable efforts to provide the Mobile Apphave removed x result(s) from this page. If you wish, you may read more about the request at ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.”. You acknowledge that in the Mobile App may not be available for use at all timesevent this is published by Google Inc, and is subject to (but without limitation to) interruption, failure of hardware this publication or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to its contents are outside the public nature scope of the internetWork and are not covered by our content removal applications. e. To the maximum extent permitted by law, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will not be liable we expressly disclaim liability for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or loss You might suffer in connection with your the use of our services, including whether we have acted negligently in the provision of our services. f. Nothing in this Services Agreement excludes or inability to use the Mobile Applimits our liability for death or personal injury arising from our negligence, unless it is caused or our fraud or fraudulent misrepresentations, or any other liability that cannot be excluded by the gross negligence or wilful default on our part or on the part laws of our employees or agentsSingapore. 3.3 Your use g. To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our services, our website or other publication including the content of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warrantysame, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range h. We, including all of informationour agents, offices and directors, will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection, whether directly or indirectly, with the: i. use of our services; ii. use of or reliance on any content displayed on our website or in any other publication, whether written or oral, in particular in relation to: A. loss of profits, sales, business or revenue; B. business interruption; C. loss of anticipated savings; D. loss of business opportunity, goodwill or reputation; and E. any indirect or consequential loss or damage. i. You acknowledge that such information has not been investigatedagree to release and indemnify, verifiedand hold Us (including all of our servants and agents) harmless from and against, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any and all liability for any loss arising from matter howsoever connected with the provision of services to You by Us, and You agree to pay all expenses incurred by Us, including all legal fees on an indemnity basis, incurred by Us in relation to any inaccuracy, omission or incompleteness action where each of the information, regardless of whether the information is provided by us or a third partyYou and Us are named as parties. 3.6 We do not represent j. You agree to fully release and indemnify Us (including all legal fees on an indemnity basis) against any and all claims made against Us which may arise as a result of Your misuse of our services and/or You providing Us with false or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile deviceincomplete information. 3.7 We make no representations k. Each provision of this clause 11 excluding or warranties as to limiting liability shall be construed separately, applying and surviving even if for any reason one or another of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the accuracy, functionality expiration or performance termination of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bankthis Services Agreement.

Disclaimer and Limitation of Liability. 3.1 While we make use reasonable efforts to include accurate and up to date information on our sites and services, we make no warranties or representations about the accuracy or completeness of the content of our sites, services or of the content of any sites linked to ours. Certain information (including price indications/comparisons) is prepared from a wide variety of sources and from third parties and we take no responsibility for the accuracy of such information and cannot be held responsible for information provided by outside sources or from third parties. We assume no liability or responsibility for any errors or omissions in the content of our sites and services. We have not reviewed the sites that might be linked to our sites, and we are not responsible for the content of any of those sites. CBH and its directors, officers, agents, employees or contractors shall not be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your access, the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation. We provide the Mobile Appcontents of our sites and services for general informational and convenience purposes only which means it does not account for your specific needs, you acknowledge that financial situation or objectives. You should make your own enquiries about the Mobile App may not be available for use at all timesinformation contained on our sites, in particular any price or comparison information, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonswe strongly suggest you seek independent advice before acting upon any information supplied by us. We will shall not be liable for any failure direct, incidental, consequential, indirect, or punitive damages arising out of access to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part reliance upon any content of our employees sites, services or agents. 3.3 Your use the content of any site or sites linked to any of ours. To the full extent permitted by law we exclude all conditions and warranties not expressly set out in these terms and conditions. Except as specifically set out elsewhere in these terms and conditions, we make or give no express or implied warranties including, without limitation, the warranties of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee completeness or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement arising from a course of dealing, usage or trade practice, with respect to any rights. 3.5 The Mobile App may provide a range of informationour services provided under these terms and conditions. You acknowledge that such No oral or written information has not been investigated, verified, monitored or endorsed advice given by us. We do not warrant , our agents, representatives or employees shall create a warranty or in any way increase the accuracy, reliability, timeliness, completeness or correct sequencing scope of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third partyexpress warranties given. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Disclaimer and Limitation of Liability. 3.1 While we 9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. We make reasonable efforts no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to provide or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Mobile Appsite or services; and/or (4) any bugs, you acknowledge that viruses, trojan horses, or the Mobile App like which may be transmitted to or through the site by any third party. We will not be available responsible for use any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 9.2 Our responsibility for loss or damage suffered by you: • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services. Notwithstanding anything to the contrary contained in the Disclaimer and Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times, and is subject times be limited to a total aggregate amount by both parties for the Services/Site during the six (but without limitation to6) interruption, failure month period prior to any cause of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsaction arising. We will not be liable to you for any failure to provide those servicesloss or damage, whether in part contract, tort (including negligence), breach of statutory duty, or in fullotherwise, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any losseven if foreseeable, damage or expense of any kind incurred or suffered by you arising from under or in connection with your with: • use of, or inability to use, our Site/Services; or • use of or inability reliance on any content displayed on our Site. In particular, we will not be liable for: • loss of profits, sales, business, or revenue, • business interruption, • loss of anticipated savings, • loss of business opportunity, goodwill or reputation, • any indirect or consequential loss or damage. • Please note that we only provide our Site for domestic and private use. You agree not to use the Mobile Appour Site for any commercial or business purposes, unless it and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the gross negligence damage or wilful default on our part pay you compensation. • You have legal rights in relation to goods that are faulty or on the part of our employees not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or agents. 3.3 Your use of the Mobile App is wholly at your own riskTrading Standards office. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any Nothing in these Terms and Conditions will affect these legal rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts to provide EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and assume all risks associated with the Mobile App, you acknowledge that acceptance of cards and the Mobile App may not be available for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsServices. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for lost profits, lost business, or any lossincidental, damage special, consequential, or expense punitive damages (whether or not arising out of circumstances known or foreseeable by us) you and/or your customers or any kind incurred or suffered by you arising from or third party suffers in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by usServices. We are not responsible liable for damages or losses wholly or partially caused by you and/or your employees or agents. Nor are we liable for any damages or losses you may sustain as a result of our exercise of post-default rights or remedies under this Agreement, provided we had a good-faith, reasonable basis to believe an Event of Default occurred. Our liability related to or arising out of this Agreement shall not exceed the fees paid to us for the biometric identity sensor technologyparticular Services in question for the calendar month preceding the date of our relevant act or omission. The parties acknowledge that the limitations in this Section are integral to the amount of fees we charge for the Services. Except as otherwise described in this Section, your exclusive remedy for any claim against us is termination of the Agreement. We do are not give in default under this Agreement or liable for any warrantydelay or loss in the performance, whether express failure to perform, or implied, interruption of any kind Services resulting, directly or indirectly, from errors in data you or other parties provide to us, or any event beyond our reasonable control, including the Force Majeure Events defined below. If we defend a claim you bring against us and prevail, you shall reimburse us the costs we incurred, including but not limited to attorneys’ fees, and other related expenses. ▇▇▇▇▇▇▇▇ acknowledges and agrees that certain rules govern the relationships between various parties such as the Card Associations, Processor, Member Bank, and/or other entities (e.g., partners, etc.), and that any warranty of quality, accuracy or performance, fitness failure by Processor to abide by such rules does not provide the basis for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing breach of the information nor bear Agreement claim by ▇▇▇▇▇▇▇▇ or any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a other third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Disclaimer and Limitation of Liability. 3.1 We provide the App on an “as is” and “as available” basis. We make no guarantee that the App will be uninterrupted, error free, or free from viruses or other harmful components. While we make take reasonable efforts precautions to provide prevent the Mobile Appexistence of computer viruses and/or other malicious programs, you acknowledge that the Mobile App may not be available we accept no liability for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsthem. We will not be liable for any failure to provide those services, in part also make no promises or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warrantyguarantees, whether express or implied, of any kind including any warranty of qualitythat the content in the App is accurate, accuracy complete or performanceup-to-date. To the extent permitted by law, fitness we exclude all conditions, warranties, representations or other terms, which may apply to the App, whether express or implied. We only supply the App for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of informationdomestic business use. You acknowledge that such information has agree not been investigatedto use the App for any commercial or resale purposes, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any and we have no liability to you for any loss arising from any inaccuracyof profit, omission loss of business, business interruption, or incompleteness loss of business opportunity. Our maximum total liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the information, regardless total amount paid by you to us as part of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You Nothing in these Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law. Nothing in these Terms restricts any legal rights you may have as a consumer. Further, the App will be used in combination with a sensor device that you will either purchase directly from the sensor manufacturer or we will provide to you. How such sensor device will be provided will be agreed upon by both you and us. Regardless of how the sensor device is provided, we are solely not responsible for ensuring adequate protection its functionality, its accuracy and back-up of make no guarantees that the mobile sensor device and/or any data within such devicewill be uninterrupted, taking reasonable and appropriate precautions to scan for computer error free, or free form viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile deviceharmful components. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Disclaimer and Limitation of Liability. 3.1 While a. You agree that You use our services at Your sole risk. b. We do not warrant the accuracy or completeness of the materials or the reliability of any content on our website or in any other publication. You acknowledge that any reliance on any such content is at Your own risk. We disclaim liability for any errors and omissions in any content. c. Upon submitting a content removal application to a webhost, the webhost may make refence on their website to a content removal application having been received in relation to certain content. You acknowledge that in the event this is published by webhosts, this publication or its contents are outside the scope of the Work and are not covered by our content removal applications. d. Upon successful removal or de-indexing of a URL from Google Au as a result from our content removal applications, Google Inc may, in some instances, publish a text making reference to Lumen Database along the lines of “In response to a legal request submitted to Google, we make reasonable efforts to provide the Mobile Apphave removed x result(s) from this page. If you wish, you may read more about the request at ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.”. You acknowledge that in the Mobile App may not be available for use at all timesevent this is published by Google Inc, and is subject to (but without limitation to) interruption, failure of hardware this publication or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to its contents are outside the public nature scope of the internetWork and are not covered by our content removal applications. e. To the maximum extent permitted by law, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will not be liable we expressly disclaim liability for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or loss You might suffer in connection with your the use of or inability to use our services, including whether we have acted negligently in the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part provision of our employees or agentsservices. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representationf. Nothing in this Services Agreement excludes or limits our liability for death or personal injury arising from our negligence, guarantee or agreement of our fraud or fraudulent misrepresentations, or any kind as to its functionalityother liability that cannot be excluded by Australian law. 3.4 The biometric identity sensor module on your mobile device is not provided g. To the maximum extent permitted by us. We are not responsible for law, we exclude all conditions, warranties, representations or other terms which may apply to our services, our website or other publication including the biometric identity sensor technology. We do not give any warrantycontent of same, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range h. We, including all of informationour agents, offices and directors, will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection, whether directly or indirectly, with the: i. use of our services; ii. use of or reliance on any content displayed on our website or in any other publication, whether written or oral, in particular in relation to: A. loss of profits, sales, business or revenue; B. business interruption; C. loss of anticipated savings; D. loss of business opportunity, goodwill or reputation; and E. any indirect or consequential loss or damage. i. You acknowledge that such information has not been investigatedagree to release and indemnify, verifiedand hold Us (including all of our servants and agents) harmless from and against, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any and all liability for any loss arising from matter howsoever connected with the provision of services to You by Us, and You agree to pay all expenses incurred by Us, including all legal fees on an indemnity basis, incurred by Us in relation to any inaccuracy, omission or incompleteness action where each of the information, regardless of whether the information is provided by us or a third partyYou and Us are named as parties. 3.6 We do not represent j. Each provision of this clause 12 excluding or warrant that viruses limiting liability shall be construed separately, applying and surviving even if for any reason one or other destructive properties will not be transmitted another of these provisions is held inapplicable or that your device will not be damaged during your use unenforceable in any circumstances and shall remain in force notwithstanding the expiration or termination of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile devicethis Services Agreement. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.