Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:- (a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services; (b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card; (c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a Cardholder; (d) subject to Clauses 13.2(a) and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person whether or not authorised; (e) any Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a Bank; (f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder; (g) the exercise by a Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a Bank or by any other Person or computer terminal; (h) the exercise by a Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below; (i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a Bank; (j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 and
Appears in 4 contracts
Sources: Credit Card Cardholder Agreement, Credit Card Cardholder Agreement, Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such ▇▇▇▇▇▇▇▇▇▇ has acted in accordance with Clauses 17.1 and 17.2 below); or
(b) Directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
16.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 3 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardmember has acted in accordance with Clauses 17.1 and 17.2 below); or
(b) directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
16.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 3 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 12.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 10.3 above and in Clause 13.2(asubject to Clauses 12.2(a) and 12.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 12.2(a), 12.5 and 13.8 below12.8, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 15.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, 15.4 below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 16 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such the Cardholder's failure to observe Clause 12.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
12.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clause 12.4 or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 7 and12.4 and 12.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
12.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
12.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
12.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clause 12.4 or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
12.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank's 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
12.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
12.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clause 12.4 above shall be limited to a maximum amount of HKD500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clause 12.4.
12.9 The liability of any Cardholder and the Company to the Bank for any unauthorised transactions under such Cardholder's account with the Bank prior to serving notice under Clause
12.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 3 contracts
Sources: Credit Card Cardholder Master Agreement, Credit Card Cardholder Master Agreement, Credit Card Cardholder Master Agreement
Exclusion and Limitation of Liability. 13.1 12.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 10.3 above and in Clause 13.2(asubject to Clauses 12.2(a) and 12.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 12.2(a), 12.5 and 13.8 below12.8, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 15.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, 15.4 below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 16 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such the Cardholder's failure to observe Clause 12.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
12.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clause 12.4 or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 7 and12.4 and 12.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
12.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
12.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
12.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clause 12.4 or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
12.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank's 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
12.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
12.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clause 12.4 above shall be limited to a maximum amount of HKD500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clause 12.4.
12.9 The liability of any Cardholder and the Company to the Bank for any unauthorised transactions under such Cardholder's account with the Bank prior to serving notice under Clause 12.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 3 contracts
Sources: Credit Card Cardholder Master Agreement, Credit Card Cardholder Master Agreement, Credit Card Cardholder Master Agreement
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardmember has acted in accordance with Clauses 17.1 and 17.2 below); or
(b) Directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
16.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a) and 13.8 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 belowAccount, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(l) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
(m) any dispute between the Account Holder and any Cardmember or between Cardmembers.
13.2 Provided a Cardmember has not acted fraudulently or negligently, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 7.4 or 13.4 (as the case may be) or any other means acceptable to the Bank or
(b) directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
13.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardmember shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any PIN used in relation to any cash advance or ATM function or facility incorporated in a Card.
13.5 A Cardmember and/or the Account Holder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 7.4 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardmember and/or the Account Holder has not acted fraudulently or with negligence.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardmember's bank account with the Bank, such Cardmember must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour lost card Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardmember shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardmember and the Account Holder to the Bank for unauthorised Charges prior to giving notice under Clauses 7.4 or 13.4 (as the case may be) above shall be limited to the amount specified in the attached Schedule save where such Cardmember has:
(a) acted fraudulently or negligently;
(b) contributed to the unauthorised Charges, for example (but not limited to) breach these terms and conditions by:
(i) selecting an unsuitable PIN;
(ii) failing to reasonably safeguard the Card;
(iii) keeping a written record of the PIN;
(iv) parting with the Card and/or disclosing the PIN to any other person;
(v) failing to take reasonable steps to prevent disclosure when entering the PIN; or
(vi) unreasonably delaying or failing to report to the Bank in accordance with Clauses 7.4 or 13.4 (as the case may be) above, whereupon such Cardmember and the Account Holder shall be jointly and severally liable for such unauthorised Charges.
13.9 The maximum liability of the Cardmember and the Account Holder for unauthorised charges arising in the circumstances set out in Clauses 13.8(a) and 13.8(b) will be the lesser of:
(a) the actual loss at the time of notification; or
(b) the maximum amount that the Cardmember would have been entitled to withdraw from his or her bank account between the time the Card was lost or stolen and the time that the Cardmember notified the Bank.
13.10 The liability of any Cardmember to the Bank for any unauthorised transactions under such Cardmember's bank account with the Bank prior to serving notice under Clause 13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
13.11 The Account Holder will remain liable for use of the Card account number for any mail, telephone or remote Transactions after Termination of the Card Accounts and the destruction of the Card.
13.12 Any Indemnity given to the Bank under these Terms and Conditions will survive termination of the Card Accounts.
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including Contactless Transaction terminal), other computer terminal, internet website or any telecommunication devices device to honour honor or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorisedauthorized;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a the Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour honor or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clause 7 above or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(l) any disclosure or leakage of information from or by any device, equipment, telecommunications company, intermediary through which information is transmitted between the Bank and the Cardholder or the Account Holder; and
(m) any mechanical failure, power failure, malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic failure of any facilities of the Card, Acts of God or any other causes beyond the reasonable control of the Bank, including any government order, the existence of virus or other destructive or disruptive features which may adversely affect the communication network.
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the PIN, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.8 and 7 andabove and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number or any OTP, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the PIN, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses
13.4 and 13.5 below); or
Appears in 2 contracts
Sources: Credit Card Cardholder Agreement, Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or Transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not instructed by the Bank;
(c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a) 13.2 and 13.8 13.6 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided exercise by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminalterminal on the Bank's behalf;
(hg) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 16.1(a) and (b) below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 16.1(c) below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a Bank;
(jh) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(i) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(j) the inaccuracy in any information or data provided by the Account Holder or a Cardmember, or any damage to or loss or inability to retrieve any data or information, that may be stored in a Card or any microchip or circuit or device in a Card; or
(k) any dispute between the Account Holder and any Cardmember or between Cardmembers.
13.2 Provided a Cardmember has not acted fraudulently or negligently, such Cardmember and the Account Holder shall not be liable for loss incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of the Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank; or
(b) directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
13.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardmember shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any PIN.
13.5 A Cardmember shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.6 The liability of a Cardmember and the Account Holder to the Bank for unauthorised Charges prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to the amount specified in the attached Schedule save where such Cardmember has:
(a) acted fraudulently or negligently;
(b) contributed to the unauthorised Charges, for example (but not limited to) breach these terms and conditions by:
(i) selecting an unsuitable PIN;
(ii) failing to reasonably safeguard the Card;
(iii) keeping a written record of the PIN;
(iv) parting with the Card and/or disclosing the PIN to any other person;
(v) failing to take reasonable steps to prevent disclosure when entering the PIN; or
(vi) unreasonably delaying or failing to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) above, whereupon such Cardmember and the Account Holder shall be jointly and severally liable for such unauthorised Charges.
13.7 The maximum liability of the Cardmember and the Account Holder for unauthorised charges arising in the circumstances set out in Clauses 13.6(a) and 13.6(b) will be the lesser of:
(a) the actual loss at the time of notification; or
(b) the maximum amount that the Cardmember would have been entitled to withdraw from his or her bank account between the time the Card was lost or stolen and the time that the Cardmember notified the Bank.
13.8 The liability of any Cardmember to the Bank for any unauthorised Transactions under such Cardmember's bank account with the Bank prior to serving notice under Clause 13.4 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
13.9 Any Indemnity given to the Bank under these Terms and Conditions will survive termination of the Card Accounts.
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardmember has acted in accordance with Clauses 17.1 and
17.2 below); or
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No 14.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss loss, claims, liabilities, costs, expenses or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, and for the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 12.3 above and in Clause 13.2(a14.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a14.2(a) and 13.8 14.8 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any wilful default or gross negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 17.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 17.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 18 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder▇▇▇▇▇▇▇▇▇▇'s failure to observe Clauses 7 and8 and 14.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(l) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
14.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice (of the loss or theft of his Card or that the PIN is or may be known to any other Person) from such Cardmember in accordance with Clauses 8.3 or 8.8 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such ▇▇▇▇▇▇▇▇▇▇ has acted in accordance with this Clause 14); or
(b) directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
14.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
14.4 A Cardmember and the Account Holder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice (of the loss or theft of his Card or that the PIN is or may be known to any other Person) from such Cardmember in accordance with Clauses 8.3 or 8.8 (as the case may be) or any other means acceptable to the Bank, provided that such Cardmember has not acted fraudulently or with gross negligence.
14.5 Where a Card incorporates a facility to enable such Card to be used to access a Cardmember's bank account with the Bank, such Cardmember must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
14.6 A Cardmember shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of the PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
14.7 The liability of a Cardmember and the Account Holder to the Bank for unauthorised Charges (but not in relation to any cash advances) prior to giving notice under Clauses 8.3 or 8.8 (as the case may be) above shall be limited to the amount specified in this Agreement save where such Cardmember has acted fraudulently or with gross negligence or failed to report to the Bank in accordance with Clauses 8.3 or 8.8 (as the case may be) above whereupon such Cardmember and the Account Holder shall be jointly and severally liable for such unauthorised Charges.
14.8 The liability of any Cardmember to the Bank for any unauthorised transactions under such Cardmember's bank account with the Bank prior to serving notice under Clause 8.8 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including a Contactless Transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such device belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorisedauthorized;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 above or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(l) any disclosure or leakage of information from or by any device, equipment, telecommunications company, intermediary through which information is transmitted between the Bank and the Cardholder or the Account Holder; and
(m) any mechanical failure, power failure, malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic failure of any facilities of the Card, Acts of God or any other causes beyond the reasonable control of the Bank, including any government order, the existence of virus or other destructive or disruptive features which may adversely affect the communication network.
(n) the use of contactless transaction (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the PIN, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.9 and 7 above and other recommendation of the Bank from time to time regards the safety and secrecy of a Card, the PIN, the Digital Card Account Number or any OTP, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the PIN, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardholder and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon suspicion or discovery of the loss or theft of any Card or disclosure of the PIN, Digital Card Account Number or any OTP or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Account Holder will not be liable for any unauthorized Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN, the Digital Card Account Number or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card, the PIN, the Digital Card Account Number or any OTP in accordance with Clauses 5.9 and 7 above and other recommendation of the Bank form the time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number and any OTP.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN, the Digital Card Account Number or any OTP and take all reasonable steps to assist the Bank to recover any losses so incurred
13.8 When it is established that the Cardholder has acted in good faith, exercised reasonable care and diligence in safe-keeping the Card, the PIN, the Digital Card Account Number and/or all OTPs and the reported the loss, theft or misuse as soon as reasonably practicable upon notice or suspicious thereof, the liability of a Cardholder and the Account Holder to the Bank for unauthorized use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorized use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card, the PIN, the Digital Card Account Number or any OTP in accordance with Clauses 5.9 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number and any OTP.
13.9 The Cardholder may have to bear a loss when a Card has been used for any unauthorized transaction before the Cardholder has notified the Bank that the Card, the PIN, the Digital Card Account Number or any OTP has been lost or stolen or may be known by any other Person. The liability of any Cardholder to the Bank for any unauthorized transactions under such Cardholder's bank account with the Bank prior to serving notice under Clause 13.4 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 2 contracts
Sources: Credit Card Cardholder Agreement, Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below13.8, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such the Cardholder's failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
Appears in 2 contracts
Sources: Credit Card Cardholder Agreement, Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including UnionPay QuickPass transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(l) the use of Shenzhentong Function (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardholder and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
13.5 A Cardholder and the Account Holder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank's 24-hour Lost Card reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder and the Account Holder to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be).
13.9 The liability of any Cardholder to the Bank for any unauthorised transactions under such Cardholder's bank account with the Bank prior to serving notice under Clause 13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including Contactless Transaction terminal), other computer terminal, internet website or any telecommunication devices device to honour honor or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorisedauthorized;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a the Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour honor or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clause 7 above or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(l) any disclosure or leakage of information from or by any device, equipment, telecommunications company, intermediary through which information is transmitted between the Bank and the Cardholder or the Account Holder; and
(m) any mechanical failure, power failure, malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic failure of any facilities of the Card, Acts of God or any other causes beyond the reasonable control of the Bank, including any government order, the existence of virus or other destructive or disruptive features which may adversely affect the communication network.
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.8 and 7 andabove and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number or any OTP, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardholder and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon suspicion or discovery of the loss or theft of any Card or disclosure of the Authentication factors, Digital Card Account Number or any OTP or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Account Holder will not be liable for any unauthorized Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.8 and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of the Authentication factors, the Digital Card Account Number or any OTP and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 Where it is established that the Cardholder has acted in good faith, exercised reasonable care and diligence in safe-keeping the Card, the Authentication factors, the Digital Card Account Number and/or all OTPs and reported the loss, theft, being disclosed or misuse as soon as reasonably practicable upon notice or suspicions thereof, the liability of a Cardholder and the Account Holder to the Bank for unauthorized use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses
7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorized use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.8 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause 13.2(a) below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person whether or not authorised;
(e) any Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a Bank or by any other Person or computer terminal;
(h) the exercise by a Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a Bank), including (without limitation) such the Cardholder's failure to observe Clauses 7 andand 13.4 or follow any other recommendation of a Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of a Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
13.2 Provided a Cardholder and the Company has not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by a Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after ICBC (Asia) (for itself and/or on behalf of ICBC) has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to ICBC (Asia) (for itself and/or on behalf of ICBC) (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that a Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder and/or the Company shall report to ICBC (Asia) (for itself and/or on behalf of ICBC) (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
13.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after ICBC (Asia) (for itself and/or on behalf of ICBC) has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to ICBC (Asia) (for itself and/or on behalf of ICBC), provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with ICBC (Asia) (for itself and/or on behalf of ICBC), such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to ICBC (Asia) through ICBC (Asia)'s 24-hour Lost Card Reporting Hotline or any other means acceptable to ICBC (Asia) in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder and the Company shall provide to ICBC (Asia) (for itself and/or on behalf of ICBC) all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist ICBC (Asia) (for itself and/or on behalf of ICBC) to recover any losses so incurred.
13.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be).
13.9 The liability of any Cardholder and the Company to ICBC (Asia) for any unauthorised transactions under such Cardholder's account with ICBC (Asia) prior to serving notice under Clause 13.6 will be determined in accordance with ICBC (Asia)'s terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, (including Visa PayWave transaction terminal) other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13,5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorised;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a the Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clause 7 above or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; and
(l) any malfunction, defects, interruption, inadequancy, unavailability or non-performance or other electronic or mechanical failure of any facilities of the Card beyond the reasonable control of the Bank.
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.3(c) and 7 andabove and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardholder and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Account Holder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.3(c) and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card and the PIN.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder and the Account Holder to the Bank for unauthorised use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HK500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses
7.3 or 13.4 (as the case may be) or has failed to safeguard a Card and the PIN in accordance with Clauses 5.3(c) and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such the Cardholder's ’s failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
13.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that a Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
13.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder’s bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be).
13.9 The liability of any Cardholder and the Company to the Bank for any unauthorised transactions under such Cardholder's account with the Bank prior to serving notice under Clause 13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardmember has acted in accordance with Clauses 17.1 and 17.2 below); or
(b) Directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
16.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 1 contract
Sources: Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including UnionPay QuickPass transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such the Cardholder's ’s failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
(l) any malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic or mechanical failure of any facilities of the Card beyond the reasonable control of the Bank.
(m) the use of UnionPay QuickPass (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that a Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
13.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder’s bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HK$500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be).
13.9 The liability of any Cardholder and the Company to the Bank for any unauthorised transactions under such Cardholder's account with the Bank prior to serving notice under Clause
13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No 17.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 14.3 above and in Clause 13.2(a17.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a17.2(a) and 13.8 17.8 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any Any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) Any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
17.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.4 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardmember has acted in accordance with Clauses 17.4 and 17.5 below); or
(b) Directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
17.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
17.4 A Cardmember shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any PIN used in relation to any cash advance or ATM function or facility incorporated in a Card.
17.5 A Cardmember and/or the Account Holder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.4 (as the case may be) or any other means acceptable to the Bank, provided (1) that such Cardmember and/or the Account Holder has not acted fraudulently or with gross negligence and (2) that such Cardmember and/or Account Holder has assisted and cooperated with the Bank in the investigation and recovery process.
17.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardmember's bank account with the Bank, such Cardmember must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour lost card hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
17.7 A Cardmember shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
17.8 The liability of a Cardmember and the Account Holder to the Bank for unauthorised Charges prior to giving notice under Clauses 10.3 or 17.4 (as the case may be) above shall be limited to RM 250 save where such Cardmember has acted fraudulently or with gross negligence or failed to report to the Bank in accordance with Clauses 10.3 or 17.4 (as the case may be) above whereupon such Cardmember and the Account Holder shall be liable for such unauthorised Charges.
17.9 The liability of any Cardmember to the Bank for any unauthorised transactions under such Cardmember's bank account with the Bank prior to serving notice under Clause 17.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No 17.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 14.3 above and in Clause 13.2(a17.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a17.2(a) and 13.8 18.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 21.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 21.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 22 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 18.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
17.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 18.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardmember has acted in accordance with Clauses 18.1 and 18.2 below); or
(b) Directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
17.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 1 contract
Sources: Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including UnionPay QuickPass transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such the Cardholder's ’s failure to observe Clauses 7 andand 13.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
13.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that a Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
13.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder’s bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HK$500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be).
13.9 The liability of any Cardholder and the Company to the Bank for any unauthorised transactions under such Cardholder's account with the Bank prior to serving notice under Clause
13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any non-delivery, non-performance or defect in any goods or services paid for by the use of a Card and/or Virtual Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or servicesservices and the Cardholder and the Company shall seek redress in respect of such goods and services from the relevant supplier directly;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card and/or Virtual Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below13.8, access to the use of a the Card, Virtual Card, Virtual Card Services and/or relevant services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card and/or Virtual Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card and/or Virtual Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 andabove or 13.4 below or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(l) the performance or non-performance of, or the ability or inability to conduct a Virtual Card Transaction with the use of a Virtual Card Number or any delay of a Virtual Card Transaction in relation thereto;
(m) the ability or inability to use a Virtual Card and/or Virtual Card Services or to obtain Virtual Card Number via Mastercard’s designated channel(s) or platform(s); or
(n) any negligent, dishonest or fraudulent act of Mastercard or any act or omission of Mastercard in relation to or arising directly or indirectly from the provision of the Virtual Card Number and/or Virtual Card Services by Mastercard to the Company and/or Cardholder.
13.2 Provided a Cardholder and the Company has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.7 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number or any OTP, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each the Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorised;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Cardholder or the Cardholder Company which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder Cardholder or the CardholderCompany;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a the Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clause 7 above and Clause 13.4 below or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; and
(l) any malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic or mechanical failure of any facilities of the Card beyond the reasonable control of the Bank.
13.2 Provided a Cardholder and/or the Company has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.3(c) and 7 andabove and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN, such Cardholder and/or the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder and/or the Company received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder and/or the Company through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder and/or the Company has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.3(c) and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card and the PIN.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder to the Bank for unauthorised use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HK500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card and the PIN in accordance with Clauses 5.3(c) and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN.
13.9 The liability of any Cardholder to the Bank for any unauthorised transactions under such Cardholder's bank account with the Bank prior to serving notice under Clause 13.6 above will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each the Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including UnionPay QuickPass transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in subject to Clause 13.2(a) and 13,5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorised;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Cardholder or the Cardholder Company which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder Cardholder or the CardholderCompany;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a the Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 above and Clause 13.4 below or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; and
(l) any malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic or mechanical failure of any facilities of the Card beyond the reasonable control of the Bank.
(m) the use of UnionPay QuickPass (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder and/or the Company has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.4(c) and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN, such Cardholder and/or the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder and/or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder and/or the Company through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder and/or the Company has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance (if applicable) or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.4(c) and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card and the PIN..
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder to the Bank for unauthorised use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card and the PIN in accordance with Clauses 5.4(c) and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN.
13.9 The liability of any Cardholder to the Bank for any unauthorised transactions under such Cardholder's bank account with the Bank prior to serving notice under Clause 13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 12.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 10.3 above and in Clause 13.2(asubject to Clauses 12.2(a) and 12.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 12.2(a), 12.5 and 13.8 below12.8, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a Bank or by any other Person or computer terminal;
(h) the exercise by a Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 15.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, 15.4 below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 16 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a Bank), including (without limitation) such the Cardholder's failure to observe Clauses 7 and12.4 or follow any other recommendation of a Bank from time to time regarding the safety and secrecy of the Card and the PIN; or
(k) any act or omission of any third party (other than agents of a Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
12.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by a Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after ICBC (Asia) (for itself and/or on behalf of ICBC) has received proper notice of the loss or the theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 12.4 (as the case may be) or any other means acceptable to ICBC (Asia) (for itself and/or on behalf of ICBC) (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 12.4 and 12.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
12.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that a Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
12.4 A Cardholder and/or the Company shall report to ICBC (Asia) (for itself and/or on behalf of ICBC) (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Card.
12.5 A Cardholder and the Company will not be liable for any unauthorised Charges incurred after ICBC (Asia) (for itself and/or on behalf of ICBC) has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clause 12.4 or any other means acceptable to ICBC (Asia) (for itself and/or on behalf of ICBC), provided that such Cardholder and the Company have not acted fraudulently or with gross negligence.
12.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with ICBC (Asia) (for itself and/or on behalf of ICBC), such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to ICBC (Asia) through ICBC (Asia)'s 24-hour Lost Card Reporting Hotline or any other means acceptable to ICBC (Asia) in accordance with its terms and conditions governing such facility from time to time.
12.7 A Cardholder and the Company shall provide to ICBC (Asia) (for itself and/or on behalf of ICBC) all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist ICBC (Asia) (for itself and/or on behalf of ICBC) to recover any losses so incurred.
12.8 The liability of a Cardholder and the Company to the Bank for unauthorised use of the Card (but not in relation to any cash advances) prior to giving notice under Clause 12.4 above shall be limited to a maximum amount of HKD500. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has/have failed to report to the Bank in accordance with Clause 12.4.
12.9 The liability of any Cardholder and the Company to ICBC (Asia) for any unauthorised transactions under such Cardholder's account with ICBC (Asia) prior to serving notice under Clause 12.6 will be determined in accordance with ICBC (Asia)'s terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Exclusion and Limitation of Liability. 13.1 No 17.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 14.3 above and in Clause 13.2(a17.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a17.2(a) and 13.8 17.8 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.4 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
17.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.4 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such ▇▇▇▇▇▇▇▇▇▇ has acted in accordance with Clauses 17.4 and 17.5 below); or
(b) Directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
17.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
17.4 A Cardmember shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any PIN used in relation to any cash advance or ATM function or facility incorporated in a Card.
17.5 A Cardmember and/or the Account Holder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.4 (as the case may be) or any other means acceptable to the Bank, provided (1) that such Cardmember and/or the Account Holder has not acted fraudulently or with gross negligence and (2) that such Cardmember and/or Account ▇▇▇▇▇▇ has assisted and cooperated with the Bank in the investigation and recovery process.
17.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardmember's bank account with the Bank, such Cardmember must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour lost card hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
17.7 A Cardmember shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
17.8 The liability of a Cardmember and the Account Holder to the Bank for unauthorised Charges prior to giving notice under Clauses 10.3 or 17.4 (as the case may be) above shall be limited to RM 250 save where such Cardmember has acted fraudulently or with gross negligence or failed to report to the Bank in accordance with Clauses 10.3 or 17.4 (as the case may be) above whereupon such Cardmember and the Account Holder shall be liable for such unauthorised Charges.
17.9 The liability of any Cardmember to the Bank for any unauthorised transactions under such ▇▇▇▇▇▇▇▇▇▇'s bank account with the Bank prior to serving notice under Clause 17.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including UnionPay QuickPass transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below, access to the use of a the Card and/or services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 andabove or 13.4 below or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
(l) any malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic or mechanical failure of any facilities of the Card beyond the reasonable control of the Bank.
(m) the use of UnionPay QuickPass (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.8 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number or any OTP, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that a Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon suspicion or discovery of the loss or theft of any Card or disclosure of the Authentication factors, Digital Card Account Number or any OTP or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Company will not be liable for any unauthorized Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.8 and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder’s bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Bank’s 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of the Authentication factors, the Digital Card Account Number or any OTP and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 Where it is established that the Cardholder and the Company have acted in good faith, exercised reasonable care and diligence in safe-keeping the Card, the Authentication factors, the Digital Card Account Number and/or all OTPs and reported the loss, theft, being disclosed or misuse as soon as reasonably practicable upon notice or suspicions thereof, the liability of the Cardholder and the Company to the Bank for unauthorized use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorized use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.8 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
13.9 Any Cardholder and the Company may have to bear a loss when a Card has been used for an unauthorized transaction before the Cardholder has notified the Bank that the Card, the Authentication factors, the Digital Card Account Number or any OTP has been lost or stolen or may be known by any other Person. The liability of any Cardholder and the Company to the Bank for any unauthorized transactions under such ▇▇▇▇▇▇▇▇▇▇'s bank account with the Bank prior to serving notice under Clause 13.4 above will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No Bank shall be under any liability whatsoever to the Account Holder or any Cardholder and the Company in respect of any loss or damage arising directly or indirectly from:-from:
(a) any non-delivery, non-performance or defect in any goods or services paid for by the use of a Card and/or Virtual Card or any claim or complaint by a the Cardholder against the supplier of such goods or services, or any other dispute between a the Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder Company shall remain fully liable for any Charges incurred in respect of the relevant goods or servicesservices and the Cardholder and the Company shall seek redress in respect of such goods and services from the relevant supplier directly;
(b) the refusal of any Person, automated teller machine, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card and/or Virtual Card;
(c) save as provided in Clause 11.3 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) ), 13.5 and 13.8 below13.8, access to the use of a the Card, Virtual Card, Virtual Card Services and/or relevant services by a the Cardholder or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a the Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Company or the Cardholder which is stored in a the Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder Company or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a the Card and/or Virtual Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card, Virtual Card or a Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card, Virtual Card or a Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder Company or any the Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a the Card and/or Virtual Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardholder, the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 andabove or 13.4 below or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of the Cardholder or the Company may be made available provided that such Bank shall have exercised reasonable care and skill in connection with its dealings with such third party.
(l) the performance or non-performance of, or the ability or inability to conduct a Virtual Card Transaction with the use of a Virtual Card Number or any delay of a Virtual Card Transaction in relation thereto;
(m) the ability or inability to use a Virtual Card and/or Virtual Card Services or to obtain Virtual Card Number via Mastercard’s designated channel(s) or platform(s); or
(n) any negligent, dishonest or fraudulent act of Mastercard or any act or omission of Mastercard in relation to or arising directly or indirectly from the provision of the Virtual Card Number and/or Virtual Card Services by Mastercard to the Company and/or Cardholder.
13.2 Provided a Cardholder and the Company have not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.7 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number or any OTP, such Cardholder and the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder received the Card or the Company received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, the Cardholder and/or the Company has/have acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder and/or the Company shall report to the Bank (through the Hotline) as soon as reasonably practicable upon suspicion or discovery of the loss or theft of any Card or disclosure of the Authentication factors, Digital Card Account Number or any OTP or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Company will not be liable for any unauthorized Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder and the Company have not acted fraudulently or with gross negligence or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.7 and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
13.6 Where a Card and/or Virtual Card incorporates a facility to enable such Card and/or Virtual Card to be used to access a Cardholder's bank account with the Bank, such Cardholder and/or the Company must also report the theft or loss of a Card and/or Virtual Card as soon as reasonably practicable to the Bank through the Bank's 24-hour Lost Card Reporting Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder and the Company shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of the Authentication factors, the Digital Card Account Number or any OTP and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 Where it is established that the Cardholder and the Company have acted in good faith, exercised reasonable care and diligence in safe-keeping the Card, the Authentication factors, the Digital Card Account Number and/or all OTPs and reported the loss, theft, being disclosed or misuse as soon as reasonably practicable upon notice or suspicions thereof, the liability of the Cardholder and the Company to the Bank for unauthorized use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder and the Company shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorized use of the Card if such Cardholder and/or the Company has/have acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.7 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
13.9 Any Cardholder and the Company may have to bear a loss when a Card has been used for an unauthorized transaction before the Cardholder has notified the Bank that the Card, the Authentication factors, the Digital Card Account Number or any OTP has been lost or stolen or may be known by any other Person. The liability of any Cardholder and the Company to the Bank for any unauthorized transactions under such ▇▇▇▇▇▇▇▇▇▇'s bank account with the Bank prior to serving notice under Clause 13.4 above will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each the Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including UnionPay QuickPass transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such devices belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in subject to Clause 13.2(a) and 13,5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorised;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder Cardholder or the Cardholder Company which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder Cardholder or the CardholderCompany;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amountlimit) applicable to a Card or a the Card Account pursuant to Clause 16.4 below, below or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or the Company or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 above and Clause 13.4 below or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Company may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; and
(l) any malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic or mechanical failure of any facilities of the Card beyond the reasonable control of the Bank.
(m) the use of Shenzhentong Function (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder and/or the Company has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.4(c) and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN, such Cardholder and/or the Company shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder and/or the Company received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder and/or the Company through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder and/or the Company has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Company may bring against the Bank for any cause whatsoever, such Cardholder and/or the Company agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon discovery of the loss or theft of any Card or the loss, theft or disclosure to a third party of any number used in relation to any cash advance (if applicable) or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder will not be liable for any unauthorised Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card and the PIN in accordance with Clauses 5.4(c) and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card and the PIN..
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 The liability of a Cardholder to the Bank for unauthorised use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorised use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses 7.3 or 13.4 (as the case may be) or has failed to safeguard a Card and the PIN in accordance with Clauses 5.4(c) and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN.
13.9 The liability of any Cardholder to the Bank for any unauthorised transactions under such Cardholder's bank account with the Bank prior to serving notice under Clause 13.6 will be determined in accordance with the Bank's terms and conditions with respect to such bank account from time to time in effect.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN; or
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such ▇▇▇▇▇▇▇▇▇▇ has acted in accordance with Clauses 17.1 and 17.2 below); or
(b) directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
16.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 1 contract
Sources: Cardmember Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including a Contactless Transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such device belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorisedauthorized;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clause 7 above or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(l) any disclosure or leakage of information from or by any device, equipment, telecommunications company, intermediary through which information is transmitted between the Bank and the Cardholder or the Account Holder; and
(m) any mechanical failure, power failure, malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic failure of any facilities of the Card, Acts of God or any other causes beyond the reasonable control of the Bank, including any government order, the existence of virus or other destructive or disruptive features which may adversely affect the communication network.
(n) the use of contactless transaction (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.8 and 7 andabove and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number or any OTP, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardholder and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon suspicion or discovery of the loss or theft of any Card or disclosure of the Authentication factors, Digital Card Account Number or any OTP or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Account Holder will not be liable for any unauthorized Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the Authentication factors, the Digital Card Account Number or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.9 and 7 above and other recommendation of the Bank from the time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of the Authentication factors, the Digital Card Account Number or any OTP and take all reasonable steps to assist the Bank to recover any losses so incurred.
13.8 Where it is established that the Cardholder has acted in good faith, exercised reasonable care and diligence in safe-keeping the Card, the Authentication factors, the Digital Card Account Number and/or all OTPs and reported the loss, theft, being disclosed or misuse as soon as reasonably practicable upon notice or suspicions thereof, the liability of a Cardholder and the Account Holder to the Bank for unauthorized use of the Card (in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses 7.3 or 13.4 (as the case may be) above shall be limited to a maximum amount of HKD500 or such maximum amount so specified or endorsed by the regulatory authority of the Bank from time to time. Notwithstanding the aforesaid, the Cardholder shall be fully liable for all losses and damages suffered by the Bank arising directly or indirectly from the unauthorized use of the Card if such Cardholder has acted fraudulently or with gross negligence or has failed to report to the Bank in accordance with Clauses
7.3 or 13.4 (as the case may be) or has failed to safeguard a Card, the Authentication factors, the Digital Card Account Number or any OTP in accordance with Clauses 5.8 and 7 above and other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the Authentication factors, the Digital Card Account Number and any OTP.
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder in respect of any loss or damage arising directly or indirectly from:-from:
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder against the supplier of such goods or services, or any other dispute between a Cardholder and any such supplier, for the avoidance of doubt, each Cardholder and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services;
(b) the refusal of any Person, automated teller machine, point of sale terminal (including a Contactless Transaction terminal), other computer terminal, internet website or any telecommunication devices to honour or accept a CardCard whether or not such device belong to or are operated by the Bank;
(c) save as provided in Clause 11.3 11 above and in Clause subject to Clauses 13.2(a) and 13.5 below, the incurring of a Charge other than by a Cardholder;
(d) subject to Clauses 13.2(a) 13.5 and 13.8 below, access to the use of a Card and/or services by a Cardholder or any other person Person whether or not authorisedauthorized;
(e) any the Bank's inability to execute any of a Cardholder's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder which is stored in a Card containing a device capable of storing information or data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholder;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 below, or (iii) to terminate a Card or a the Card Account pursuant to Clause 17 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such Cardholder's failure to observe Clauses 7 above or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number and any OTP;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardholder or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party;
(l) any disclosure or leakage of information from or by any device, equipment, telecommunications company, intermediary through which information is transmitted between the Bank and the Cardholder or the Account Holder; and
(m) any mechanical failure, power failure, malfunction, defects, interruption, inadequacy, unavailability or non-performance or other electronic failure of any facilities of the Card, Acts of God or any other causes beyond the reasonable control of the Bank, including any government order, the existence of virus or other destructive or disruptive features which may adversely affect the communication network.
(n) the use of Shenzhentong Function (whether as a result of any lost or stolen Card or not).
13.2 Provided a Cardholder has not acted fraudulently or with gross negligence, or has not failed to safeguard a Card, the PIN, the Digital Card Account Number and/or any OTP in accordance with Clauses 5.9 and 7 above and other recommendation of the Bank from time to time regards the safety and secrecy of a Card, the PIN, the Digital Card Account Number or any OTP, such Cardholder and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardholder or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit Card after the Bank has received proper notice of the loss or theft of his Card or that the PIN, the Digital Card Account Number and/or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 above or 13.4 below (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such Cardholder has acted in accordance with Clauses 13.4 and 13.5 below); or
(b) directly as a result of a fault in any automated teller machines and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardholder's attention.
13.3 In the event of any proceedings which a Cardholder and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardholder and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
13.4 A Cardholder shall report to the Bank (through the Hotline) as soon as reasonably practicable upon suspicion or discovery of the loss or theft of any Card or disclosure of the PIN, Digital Card Account Number or any OTP or the loss, theft or disclosure to a third party of any number used in relation to any cash advance or automated teller machine function or facilities incorporated in a Card.
13.5 A Cardholder and the Account Holder will not be liable for any unauthorized Charges incurred after the Bank has received proper notice of the loss or theft of his Card or that the PIN, the Digital Card Account Number or any OTP is or may be known to any other Person from such Cardholder through the Hotline in accordance with Clauses 7.3 or 13.4 above (as the case may be) or any other means acceptable to the Bank, provided that such Cardholder has not acted fraudulently or with gross negligence or has not failed to safeguard a Card, the PIN, the Digital Card Account Number or any OTP in accordance with Clauses 5.9 and 7 above and other recommendation of the Bank form the time regarding the safety and secrecy of a Card, the PIN, the Digital Card Account Number and any OTP.
13.6 Where a Card incorporates a facility to enable such Card to be used to access a Cardholder's bank account with the Bank, such Cardholder must also report the theft or loss of a Card as soon as reasonably practicable to the Bank through the Hotline or any other means acceptable to the Bank in accordance with its terms and conditions governing such facility from time to time.
13.7 A Cardholder shall provide to the Bank all material information as to the circumstances of the loss or theft of a Card or disclosure of PIN, the Digital Card Account Number or any OTP and take all reasonable steps to assist the Bank to recover any losses so incurred
13.8 When it is established that the Cardholder has acted in good faith, exercised reasonable care and diligence in safe-keeping the Card, the PIN, the Digital Card Account Number and/or all OTPs and the reported the loss, theft or misuse as soon as reasonably practicable upon notice or suspicious thereof, the liability of a Cardholder and the Account Holder to the Bank for unauthorized use of the Card ( in relation to loss of the Card Account but not in relation to any cash advances) prior to giving notice under Clauses
Appears in 1 contract
Sources: Credit Card Cardholder Agreement
Exclusion and Limitation of Liability. 13.1 No 16.1 The Bank shall not be under any liability whatsoever to the Account Holder or any Cardholder Cardmember in respect of any loss or damage arising directly or indirectly from:-
(a) any defect in any goods or services paid for by the use of a Card or any claim or complaint by a Cardholder Cardmember against the supplier of such goods or services, or any other dispute between a Cardholder Cardmember and any such supplier, for . For the avoidance of doubt, each Cardholder Cardmember and the Account Holder shall remain fully liable for any Charges incurred in respect of the relevant goods or services. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the transaction amount is correct;
(b) the refusal of any Person, automated teller machineATM, point of sale terminal, other computer terminal, internet website or any telecommunication devices to honour or accept a Card;
(c) save as provided in Clause 11.3 13.3 above and in Clause 13.2(a16.2(a) below, the incurring of a Charge other than by a CardholderCardmember;
(d) subject to Clauses 13.2(a16.2(a) and 13.8 17.5 below, access to the use of a Card and/or services by a Cardholder Cardmember or any other person whether or not authorised;
(e) any the Bank's inability to execute any of a CardholderCardmember's instructions due to prevailing market conditions or other causes beyond the control, and not attributable to any default or negligence, of a the Bank;
(f) the inaccuracy in any information or data provided by the Account Holder or the Cardholder a Cardmember which is stored in a Card containing a device capable of storing data or information or the loss of such information or data due to the negligence of the Account Holder or the Cardholdera Cardmember;
(g) the exercise by a the Bank of its right to demand and procure surrender of a Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by a the Bank or by any other Person or computer terminal;
(h) the exercise by a the Bank of its right (i) to modify, suspend or withdraw any of the facilities, services or benefits from time to time available in respect of a Card pursuant to Clause 16.3 20.3 below, (ii) to amend the credit limit (including but not limited to any cash advance limit or limit on Balance Transfer amount) applicable to a Card or a Card Account pursuant to Clause 16.4 20.4 below, or (iii) to terminate a Card or a Card Account pursuant to Clause 17 21 below;
(i) any injury to the credit character and reputation of the Account Holder or any Cardholder Cardmember in connection with or caused by the repossession of a Card, any request for its return or the refusal of any Person to honour or accept a Card whether or not instructed by a the Bank;
(j) any act of fraud, forgery or gross negligence of a Cardholder Cardmember or any other Person (not being an employee, agent or servant of a the Bank), including (without limitation) such CardholderCardmember's failure to observe Clauses 7 and10 and 17.1 or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of a Card and the PIN;
(k) any act or omission of any third party (other than agents of the Bank) through which facilities of a Cardmember or the Account Holder may be made available provided that the Bank shall have exercised reasonable care and skill in connection with its dealings with such third party; or
(I) any damage to or loss or inability to retrieve any data or information that may be stored in a Card or any microchip or circuit or device in a Card.
16.2 Provided a Cardmember has not acted fraudulently or with gross negligence, such Cardmember and the Account Holder shall not be liable for loss as incurred:
(a) where a Card Transaction instruction effected by the Bank was given by use of a Card before a Cardmember or the Account Holder received a Card, or given through the use of a lost, stolen or counterfeit card after the Bank has received proper notice of the loss or theft of his/her Card or that the PIN is or may be known to any other Person from such Cardmember through the Hotline in accordance with Clauses 10.3 or 17.1 (as the case may be) or any other means acceptable to the Bank (provided that in the case of a lost or stolen card, such ▇▇▇▇▇▇▇▇▇▇ has acted in accordance with Clauses 17.1 and 17.2 below); or
(b) directly as a result of a fault in any ATM and other facilities which was not obvious or was not advised by a message or notice on display or otherwise drawn to such Cardmember's attention.
16.3 In the event of any proceedings which a Cardmember and/or the Account Holder may bring against the Bank for any cause whatsoever, such Cardmember and/or the Account Holder agree(s) that the Bank's liability shall not exceed those amounts wrongly charged to the Card Account (and interest on such amounts).
Appears in 1 contract
Sources: Cardmember Agreement