Common use of Exclusion of Liabilities Clause in Contracts

Exclusion of Liabilities. 15.1 The Bank shall not be liable to the Customer for the following damages: (1) damages caused by natural disaster, incident, disturbance, war, restriction by applicable laws and regulations, measures imposed by a government, courts or other public organizations or other unavoidable occurrences (including those events relating to the equipment and facilities for the Services situated in any countries); (2) damages caused by error, failure, delay in transmission of data, messages or information, or breakdown, error, malfunction, mutilation, suspension (including such suspension as set forth in Clause 12), inaccuracy or omission of, or resulting from, terminals, public communication networks, the Internet or other communication networks or computers (including hardware and software other than the Software); (3) damages caused by the compliance of any Financial Institution Concerned with laws and regulations or customs and practices of the country in which it is located or its internal rules, or damages caused for reasons attributable to any Financial Institution Concerned; (4) damages caused by the Bank’s compliance with applicable laws, regulations, customs and practices or its internal rules; (5) damages caused by instructions to the Bank which are not duly authorized by the Customer; (6) damages caused by the Bank’s non-fulfillment of instructions in cases where the Bank does not have any obligations to effect such instructions given by the Customer, including cases where the Bank may delay effecting such instructions in accordance with the provisions of the TM Conditions; (7) damages caused by divulgence of information or failure, error, delay, inaccuracy, omission or alteration in transmission of information or other similar incidents due to unlawful interference or wiretapping by a third party with terminals, communication networks and computers; (8) damages caused by divulgence of the security information (including the Access Code) or theft, unauthorized use, loss or malfunction of, or illegal use by a third party of, the OTP Tokens or any other similar incidents; (9) damages caused by the use of the Services other than in the manner provided for herein or designated by the Bank; (10) any incidental, special or consequential losses, liabilities, damages or costs incurred by the Customer, or any third party other than the Customer, in relation to, or resulting from the usage of, the Services; (11) losses, liabilities, damages or costs incurred by the Customer resulting from any non-conclusion or conclusion of transaction due to malfunctions, defects or the like of the Services; or (12) damages caused by force majeure or for reasons other than willful misconduct or gross negligence of the Bank. 15.2 If an event occurs for which the Bank is responsible in relation to the implementation of the Services, the Customer shall notify the Bank thereof immediately after becoming aware of it. The Bank shall not be liable with respect to such event if the Customer fails to notify the Bank immediately upon the occurrence of such event or the Bank has not received such notice from the Customer within thirty (30) days after the occurrence of such event.

Exclusion of Liabilities. 15.1 The Bank shall not be liable to the Customer for the following damages: (1) damages caused by natural disaster, incident, disturbance, war, restriction by applicable laws and regulations, measures imposed by a government, courts or other public organizations or other unavoidable occurrences (including those events relating to the equipment and facilities for the Services situated located in any countriescountry); (2) damages caused by error, failure, delay in transmission of data, messages or information, or breakdown, error, corrupted characters, malfunction, mutilation, suspension (including such suspension as set forth in Clause 12), inaccuracy or omission of, etc. or resulting from, terminals, public communication networks, the Internet or other communication networks or computers computers, etc. (including hardware and software other than the Software); (3) damages caused by the compliance of any Financial Institution Concerned with laws and regulations or customs and practices of the country in which it is located or its internal rules, or damages caused for reasons attributable to any Financial Institution Concerned; (4) damages caused by the Bank’s compliance with applicable laws, regulations, customs and practices or its internal rules, etc.; (5) damages caused by instructions to the Bank which are not duly authorized by the Customer; (6) damages caused by the Bank’s non-fulfillment nonfulfillment of instructions in cases where the Bank does not have any obligations to effect such instructions given by the Customer, including cases where the Bank may delay effecting such instructions in accordance with the provisions of the TM Conditionsthis Agreement; (7) damages caused by divulgence of information or failure, error, delay, inaccuracy, omission or alteration in transmission of information or other similar incidents due to unlawful interference or wiretapping by a third party with terminals, communication networks and computers, etc.; (8) damages caused by divulgence of the security information (including the Access Code) or theft, unauthorized use, loss or malfunction of, or illegal use by a third party of, the OTP Tokens Tokens, etc., or any other similar incidents; (9) damages caused by the use of the Services other than in the manner provided for herein or designated by the Bank; (10) any secondary, incidental, special or consequential losses, liabilities, damages or costs damages, costs, etc. incurred by the Customer, or any third party parties other than the Customer, in relation to, to the Services or resulting from the usage of, of the Services; (11) losses incurred by the Customer for failure to obtain any anticipated profit, data, business, goodwill, expected risk ▇▇▇▇▇▇, savings, opportunities or purposes as a result of, or in relation to, fluctuations in the foreign exchange rate or the Services; (12) losses, liabilities, damages or costs incurred by the Customer resulting from any non-conclusion formation or conclusion formation of transaction transactions due to malfunctions, defects or the like defects, etc. of the Services; or (1213) damages caused by force majeure or for reasons other than willful misconduct or gross negligence of the Bank. 15.2 If an event occurs for which the Bank is responsible in relation to the implementation of the Services, the Customer shall notify the Bank thereof immediately after becoming aware of it. The Bank shall not be liable with respect to such event event, if the Customer fails to notify the Bank immediately upon the occurrence of such event or the Bank has not received such notice from the Customer within thirty (30) days after the occurrence of such event.

Exclusion of Liabilities. 15.1 The Bank shall not be liable to the Customer for the following damages: (1) damages caused by natural disaster, incident, disturbance, war, restriction by applicable laws and regulations, measures imposed by a government, courts or other public organizations or other unavoidable occurrences (including those events relating to the equipment and facilities for the Services situated in any countries); (2) damages caused by error, failure, delay in transmission of data, messages or information, or breakdown, error, malfunction, mutilation, suspension (including such suspension as set forth in Clause 12), inaccuracy or omission of, or resulting from, terminals, public communication networks, the Internet or other communication networks or computers (including hardware and software other than the Software); (3) damages caused by the compliance of any Financial Institution Concerned with laws and regulations or customs and practices of the country in which it is located or its internal rules, or damages caused for reasons attributable to any Financial Institution Concerned; (4) damages caused by the Bank’s compliance with applicable laws, regulations, sanctions, customs and practices or its internal rules; (5) damages caused by instructions to the Bank which are not duly authorized by the Customer; (6) damages caused by the Bank’s non-fulfillment of instructions in cases where the Bank does not have any obligations to effect such instructions given by the Customer, including cases where the Bank may delay effecting such instructions in accordance with the provisions of the TM Conditions; (7) damages caused by divulgence of information or failure, error, delay, inaccuracy, omission or alteration in transmission of information or other similar incidents due to unlawful interference or wiretapping by a third party with terminals, communication networks and computers; (8) damages caused by divulgence of the security information (including the Access Code) or theft, unauthorized use, loss or malfunction of, or illegal use by a third party of, the OTP Tokens or any other similar incidents; (9) damages caused by the use of the Services other than in the manner provided for herein or designated by the Bank; (10) any incidental, special or consequential losses, liabilities, damages or costs incurred by the Customer, or any third party other than the Customer, in relation to, or resulting from the usage of, the Services; (11) losses, liabilities, damages or costs incurred by the Customer resulting from any non-conclusion or conclusion of transaction due to malfunctions, defects or the like of the Services; or (12) damages caused by force majeure or for reasons other than willful misconduct or gross negligence of the Bank. 15.2 If an event occurs for which the Bank is responsible in relation to the implementation of the Services, the Customer shall notify the Bank thereof immediately after becoming aware of it. The Bank shall not be liable with respect to such event if the Customer fails to notify the Bank immediately upon the occurrence of such event or the Bank has not received such notice from the Customer within thirty (30) days after the occurrence of such event.