EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you. 13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of. 13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason. 13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default. 13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 18 contracts
Sources: Customer Agreement, Customer Agreement, Customer Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to younotice.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 14 contracts
Sources: Customer Agreement, Customer Agreement, Customer Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 12 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the reasonable discretion to use such agents, contractors and/or correspondents as we deem fi t fit to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 10 contracts
Sources: Cuc Customer’s Agreement, Cuc Customer's Agreement, Customer Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time 9.1 If any other provision in this Agreement is inconsistent with this Clause 9, this Clause 9 prevails to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use extent of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to youinconsistency.
13.2 You will not hold us responsible for goods 9.2 Unless the loss and damage is reasonably foreseeable, direct and caused directly and solely by our negligence or services supplied by any merchant (whether introduced by us to you wilful default or otherwise) or that of our employees acting in the quality or performance course of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditionsemployment, we are not liable to you for any lossloss or damage howsoever caused, damage, inconvenience, embarrassment, cost and expense including without limitation any loss or damage arising from:-
(a) the refusal of any nature which in merchant to accept or honor the Card;
(b) our refusal to grant credit authorization for any way may be suffered retail purchase or incurred other transaction notwithstanding the availability of credit under the Card Account;
(c) the quality and condition of the goods or services supplied to the Cardholder by you using the Card;
(d) any disputes between the merchant and the Cardholder and any complaints or claims against the merchant by the Cardholder. The Cardholder must resolve any such disputes with the merchant or the Cardholder must complain or claim against the merchant without involving us. The Cardholder’s disputes, complaints or claims against the merchant will not give the Cardholder any rights to set off or counter claim against us or relieve his obligation to us;
(e) the malfunction of any Terminal;
(f) the use of the Card and/or services by any other person in respect of whether or in connection with not authorized by the use Cardholder, until we have received proper notice that the Card or attempted use of your Citibank ATM/Debit Card, the CIN Card Account Number or PIN and/or these Terms has been lost or stolen as we require in Clause 10.1;
(g) our demand and Conditions, including, without prejudice procurement of the Cardholder’s surrender of the Card prior to the generality expiry date (whether we or our authorized person make such demand or procurement);
(h) our reduction of the foregoing, Credit Limit or Combined Credit Limit or termination of any repossession of the Citibank ATM/Debit Card or Card Account;
(i) any request for its return; misstatement, misrepresentation, error or omission in any malfunction or failure detail disclosed by us pursuant to Clause 13 of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.this Agreement;
Appears in 4 contracts
Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
EXCLUSION OF LIABILITY. 13.1 (a) We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will are not hold us responsible for products, goods or services supplied by any merchant (whether introduced by us to you merchant, establishment, the Participant or otherwise) Participating Outlet or the quality or performance of any goods contract or services quality of any product, good or service supplied pursuant to or in relation to any Cash Withdrawal, Cash Advance Card Transaction and/or any ATM Card Transaction. If you have any complaint against any merchant You are to seek redress directly from such merchant, establishment, the Participant or Participating Outlet in respect of such products, goods or services.
(including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your b) Your liability owing to us will is not be affected by such any dispute or any counterclaim or right of set-off which you may have against such merchant, establishment, the Participant or Participating Outlet. Your rights under these Terms and Conditions are not In particular, we shall be entitled to be assigned debit the Account in respect of any Card Transaction and/or any ATM Card Transaction notwithstanding the incomplete or otherwise disposed ofnon-performance of any contract, or the incomplete or non-delivery of or any defect in any product, good or service obtained pursuant to that Card Transaction and/or any ATM Card Transaction.
13.3 (c) You will shall not hold us or any card brands with which we have a contractual relationship (including but not limited to Mastercard Worldwide/Visa International Service Association) responsible for the availability, use, act, omission, loss or damage suffered howsoever arising from and in connection with the use of any medical, legal or transportation service.
(d) We shall not be liable for any loss you may incur in connection with the use of the Card or ATM Card howsoever arising.
13.2 We shall not be responsible or liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any inconvenience, loss, damage, inconvenience, embarrassment, cost and or expense of any nature which in any way may be or embarrassment or injury suffered or incurred by you or by any other person in respect third party resulting from, arising out of or in connection with any of the following:-
(a) if any merchant, establishment, the Participant or Participating Outlet refuses to accept or honour the Card for any reason;
(b) any refusal by us to authorise or approve any Card Transaction or ATM Card Transaction;
(c) if you are deprived of the use of any services, machinery, equipment, products and/or systems (whether electronic, telecommunicative or attempted use otherwise) as a consequence of your Citibank ATM/Debit Cardany action by us or any merchant, establishment, the CIN Participant or PIN and/or these Terms and ConditionsParticipating Outlet;
(d) if we are unable to perform our obligations under this Agreement due, includingdirectly or indirectly, without prejudice to the generality failure, defect or malfunction of any machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the foregoingcontrol of us, our servants or agents;
(e) for any injury to your credit, character and reputation in and about any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; ;
(f) any damage to or loss of the Citibank ATM/Debit Card; and any or inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card any microchip or circuit howsoever caused, save caused or any failure in the case performance or function or breakdown or disruption of any of our fraudcomputers (whether hardware or software), gross negligence machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) maintained by, used for, us or in connection with our business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and wilful defaultsystems or any one or more of them to accept, recognise, store, process and/or transmit dates or data with respect to dates;
(g) the unauthorised use of the Card and/or Account or any facilities in connection therewith, any Card Transaction or ATM Transaction effected by an unauthorised person;
(h) any delay in the release of any amount placed on hold on the Account;
(i) any failure by us to honour cheques drawn or follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by you or anyone due to insufficient available balance in the Account which but for the amount placed on hold or the delay in releasing the hold, would have a sufficient available balance to honour such cheques or follow such payment instructions; and
(j) any hold placed on the Account upon receipt of a request for authorisation of a Card Transaction or notice of a Card Transaction or ATM Card Transaction or a request for payment was presented to us (including but not limited to a presentment by electronic means) notwithstanding that such requests or notices were unauthorised or forged or that the Card Transaction or ATM Card Transaction was not carried out or was rescinded.
13.5 You agree that we have 13.3 Without prejudice to the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any generality of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditionsprovisions of this Clause 13, we are not liable in any way to you for any actother loss, omissiondamage, neglect cost or wilful default on expense of any nature arising out of or in connection with the part use of such agents, contractors the Card and/or correspondentsthis Agreement.
Appears in 2 contracts
Sources: Debit Cardmember Agreement, Debit Cardmember Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with without notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 13.6 You agree that we have the absolute discretion to use such agents, contractors and/or correspondents as we deem fi t fit to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 2 contracts
EXCLUSION OF LIABILITY. 13.1 We may Unless we have otherwise agreed with you in writing, our liability to you (whether in contract or tort including negligence) will in all circumstances be limited to £10,000,000 per claim. Notwithstanding the preceding paragraph we shall not be liable to you under any circumstance for any loss of profit, indirect loss, or consequential loss whatsoever. This exclusion and limitation will not apply in respect of our liability: • arising from time any fraudulent act, or • for death or personal injury arising from our negligence, or • from any duty or obligation owed to time arrange for you under any statutory or procure benefits, discounts, retail rebates or programmes regulatory stipulation. Your Duty to Take Reasonable Care Not to Make a Misrepresentation Under the Consumer Insurance (Disclosure and Representations) ▇▇▇ ▇▇▇▇ you have a Duty to take reasonable care not to make a misrepresentation. In arranging insurance cover and in conjunction with setting the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as premium, insurers rely on the information you have given us. You must take care when answering any questions we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality Insurers ask to ensure that all information provided is accurate and complete. If it is established that you deliberately or performance of any goods recklessly provided false or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transactionmisleading information your policy will be treated as if it never existed and all claims declined. If you carelessly provided false or misleading information, it could adversely affect your policy and any claim. For example: • Your policy would be treated as if it had never existed and all claims refused, and the premium paid would be returned. This will only happen if you are provided with insurance cover that would not otherwise have been offered. • Insurers may amend the terms of your insurance. Amended terms may be applied as if these amended terms were already in place if a claim has been adversely impacted by your carelessness • Insurers may reduce the amount paid on a claim in the proportion the premium you have paid bears to the premium they would have charged you; Failure to answers questions honestly and reasonably when asked, may leave you with no cover and/or a claim not paid. All statements and information disclosed verbally and/or written on proposal forms; statements of fact; claim forms; declarations; and other documents, should be full, true and accurate. Where forms are completed (or partially completed) on your behalf, you should check them for accuracy before signing. If you are in any doubt as to whether a fact is material, you should disclose it. Notification of Changes and Alterations Please notify us immediately in the event of any change in your circumstances which are detailed in your proposal form or statement of fact. We would also refer you to the section titled ‘Your Duty to Take Reasonable Care Not to Make a Misrepresentation’ which details your duties to provide complete and accurate up to date information in response to questions you may be asked. Amendments to policies after inception may be arranged upon receipt of your instructions with full details. Cover is subject to acceptance by insurers and the payment of any additional premium required, if applicable. Renewals Renewals are invited on the basis that there have been no changes to your circumstances or the risk other than those specifically notified to your insurers and for which you have received an acknowledgement and revised documentation. Please see section headed ‘Notification of Changes and Alterations’ which also outlines your duties to take reasonable care and not to make a misrepresentation. Insurer Security Insurers are subject to FCA regulation and are required to have adequate capital resources. We carry out regular checks on all insurance markets used but cannot guarantee the solvency of any individual insurer. Your liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent. An insolvent insurer may also be unable to meet a proportion or all of any claim made. Consequently, we recommend wherever possible insuring with those firms with higher credit ratings which satisfy our requirements. Should you be concerned or require any further information regarding your insurer, we can discuss this with you on request. Quotations Quotations are valid until the date cover commences up to a maximum of 30 days, unless otherwise stated. Specimen policy wordings are available upon request. Documentation Documentation, including your policy schedule and certificate (if applicable), will be issued to you in a timely manner. It is your responsibility to read all documentation upon receipt to ensure that all details are correct and that the cover provided meets with your requirements. We will arrange cover according to your instructions - but only you can identify if it does not meet your intentions. Any query regarding the accuracy of the information shown or any uncertainty over the content should be raised with us immediately. Incorrect information may invalidate your policy cover completely or mean that in the event of a claim all or part of it may not be paid. Payment of Premium We must receive your payment, unless it is made by you directly to the insurer, by cheque, credit or debit card, or be in receipt of a completed Direct Debit Mandate (with deposit if required) drawn on a bank or building society or UK financial institution account in the policyholder’s name and before cover commences unless we agree otherwise in writing. We do not accept payment by cash or postal order but a bankers’ draft or building society cheque is acceptable if it shows the policyholder’s name as account holder. We have no obligation to fund any premium, taxes or fees (if applicable) on your behalf nor do we have any complaint against responsibility for any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which loss you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution suffer as a result of cancellation of insurance cover or any other person prejudicial steps taken as a result of late or non-payment substantially attributable to you. If we decide to retain certain documents whilst awaiting full payment of premium, fees or administration charges we shall provide details of your insurance cover and any information or documents required by law. We shall be entitled (but not obliged) without providing notice to you to set off any amounts due to us from you, against any amounts which we may receive on your behalf (i.e. claims moneys, refunded premiums and other sums). Please be aware that full or partial non- payment of a premium or default on a credit agreement may result in the cancellation or lapsing of your policy. You will also be responsible for any reason.
13.4 Notwithstanding any collection costs, legal fees and court costs we may incur in recovering debts from you. Transferred Business When we are appointed to service insurance policies other terms than at their inception or renewal and conditions of these Terms and Conditionswhich were originally arranged by another party, we are shall not be liable to you during the current insurance period for any loss, damage, inconvenience, embarrassment, cost and expense of loss arising from any nature which errors or omissions or gaps in your insurance cover or advice not supplied by us. Should you have any way may be suffered or incurred by you or by any other person concerns in respect of a policy which has been transferred to us, or in connection with the use or attempted use if you require an immediate review of your Citibank ATM/Debit Cardinsurance arrangements, the CIN or PIN and/or these Terms you must notify us immediately. Otherwise we shall review your insurance arrangements and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request provide advice accordingly as each policy falls due for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful defaultrenewal.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Terms of Business Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with without notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Customer Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will (a) The Bank is not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you merchant, establishment, the Participant or otherwise) Participating Outlet or the quality or performance of any goods or and services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant Cardmembers are to seek redress directly from such merchant, establishment, the Participant or Participating Outlet in respect of such goods or services.
(including but not limited to any claims that b) The liability of the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability Cardmember owing to us will the Bank is not be affected by such any dispute or any counterclaim or right of set-off which you the Cardmember may have against such merchant, establishment, the Participant or Participating Outlet. Your rights under these Terms and Conditions are not In particular, the Bank shall be entitled to be assigned debit the Account in respect of any Card Transaction notwithstanding the nondelivery or otherwise disposed ofnon- performance of or any defect in any goods or services obtained pursuant to that Card Transaction.
13.3 You (c) The Cardmember will not hold us or any card association with which we have a contractual relationship (including but not limited to Visa International Service Association) responsible for the availability, use, act, omission, loss or damage suffered howsoever arising from and in connection with the use of any such medical, legal or transportation service.
11.2 The Bank is not liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bankestablishment, financial institution the Participant or any other person Participating Outlet refuses to accept or honour the Card for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are 11.3 The Bank is not liable if it is unable to you for any lossperform its obligations under this Agreement due, damagedirectly or indirectly, inconvenience, embarrassment, cost and expense to the failure of any nature which machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the control of the Bank, its servants or agents.
11.4 The Bank is not liable in any way may be suffered or incurred by you or by for any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice injury to the generality credit, character and reputation of the foregoing, Cardmember in and about any repossession of the Citibank ATM/Debit Card or any request for its return; .
11.5 The Bank is not liable in any malfunction way to the Cardmember for any inconvenience, loss, damage or failure embarrassment of any machine nature due to or system of authorization or transmission link or ATM; arising from any damage to or loss of the Citibank ATM/Debit Card; and any or inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card any microchip or circuit howsoever caused.
11.6 The Bank is not liable in any way to the Cardmember for any inconvenience, save loss, damage or embarrassment of any nature due to or arising from any failure in the case performance or function or breakdown or disruption of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters Bank's computers (whether hardware or transactions governed software), machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) maintained by, used for, by the Bank or contemplated in these Terms connection with the Bank’s business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and Conditionssystems or any one or more of them to accept, and save where expressly provided in these Terms and Conditionsrecognise, we are store, process and/or transmit dates or data with respect to dates.
11.7 Without prejudice to the generality of the provisions of this Clause 10, the Bank is not liable in any way to you the Cardmember for any actother loss, omissiondamage, neglect cost or wilful default expense of any nature arising out of or in connection with the use of the Card and/or this Agreement.
11.8 Without prejudice to the generality of the provisions of this Clause 10, the Bank is not liable in any way to the Cardmember for any inconvenience, loss, damage or embarrassment of any nature due to or arising from:
(a) any delay in the release of any amount placed on hold on the part Account;
(b) any failure by the Bank to honour cheques drawn or follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by the Cardmember due to insufficient available balance in the Account which but for the amount placed on hold or the delay in releasing the hold, would have a sufficient available balance to honour such cheques or follow such payment instructions;
(c) any hold placed on the Account upon receipt of a request for authorisation of a Card Transaction or notice of a Card Transaction or a request for payment was presented to the Bank (including but not limited to a presentment by electronic means) notwithstanding that such agents, contractors and/or correspondentsrequests or notices were unauthorised or forged or that the Card Transaction was not carried out or was rescinded.
11.9 A Cardmember may not assign his rights under this Agreement.
Appears in 1 contract
Sources: Debit Cardmember Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefitsbenefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefitsbenefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the reasonable discretion to use such agents, contractors and/or correspondents as we deem fi t fit to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Cuc Customer’s Agreement
EXCLUSION OF LIABILITY. 13.1 We 6.1 Except as otherwise expressly provided herein to the contrary, Blaze Fibre shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Blaze Fibre or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
6.2 Subject to clause 6.1 above, the entire liability of Blaze Fibre and Customer’s exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by Customer under this Agreement for the period of 3 (three) months preceding Customer’s written notice to Blaze Fibre in respect of such claim.
6.3 Customer hereby indemnifies Blaze Fibre against and holds Blaze Fibre harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or \in respect of any matter for which liability of Blaze Fibre is excluded in terms of clause 6.1 above.
6.4 Because of the need to conduct maintenance, repair and/or improvement work from time to time arrange for or procure benefitson the technical infrastructure by means of which the Services are provided, discounts, retail rebates or programmes in conjunction with the use provision of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes the Services may be subject suspended from time to time, and all liability on the part of Blaze Fibre of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause 6.1 above shall apply mutatis mutandis to such terms and conditions and restrictions as we may notify youexclusion. Should the provision of the Service/s be suspended by Blaze Fibre for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, and we may withdraw any such benefitBlaze Fibre shall give Customer credit in an amount which represents a pro rata portion of Customer’s basic monthly subscription fee for the month during which the said suspension occurred, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or unless a specific Service Level Agreement has been signed between the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that parties detailing the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms the service provision and Conditions, we are not liable to you related penalties for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality guaranteed uptime of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful defaultservice provided.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Standard Terms and Conditions
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefitsbenefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Customer Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to younotice.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Customer Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange for or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefitsbenefi ts, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefitbenefi t, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Citibank Debit Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction)merchant, you shall resolve such dispute with the merchant directlymerchant; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
EXCLUSION OF LIABILITY. 13.1 We may from time exclude all liability in respect of loss or damage relating to time arrange for Your business, if any, including consequential loss, lost profits or procure benefits, discounts, retail rebates or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates or programmes may be subject to such terms and conditions and restrictions as we may notify youbusiness interruption, and all liability in respect of loss or damage to the Goods caused by Normal Perils, including as a result of negligence by us, our agents and/or employees above the sum of £50 which we may withdraw consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods. Normal Perils in this Condition mean loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles. We shall not be liable for any such benefit, discount, retail rebate loss (including consequential or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwiseeconomic loss) or the quality or performance of any goods or services pursuant to or in relation to any Cash Withdrawal, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that the merchant had coerced or pressured you to perform the card transaction), you shall resolve such dispute with the merchant directly; your liability owing to us will not be affected by such dispute or any counterclaim or right of set-off damage which you may have against such merchant. Your rights under these Terms and Conditions are not to be assigned or otherwise disposed of.
13.3 You will not hold us liable in any way and you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered by you as a direct result of the performance of the agreement by the company being prevented, hindered or delayed by reason of any act of God, force majeure, riot, strike or lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, difficulty in obtaining ▇▇▇▇▇▇▇, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Site by, or arrest or seizure or confiscation of Goods by competent authorities or other circumstances whatsoever outside our control affecting the provision by us or the availability of the unit. Nor shall we be liable for any loss including consequential or economic loss or damage to the goods stored in the Unit, whether or not the damage is due to any act or omission, negligence or wilful default by us or by any of our servants or agents or other customers; nor shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods or deliveries received or accepted by any other person in respect of us on your behalf or in connection your absence in which case you must make appropriate provision with the use your insurers to indemnify us against any claim arising. Any other representations, conditions, warranties and other terms, whether written or attempted use of your Citibank ATM/Debit Cardoral, the CIN express or PIN and/or these Terms and Conditionsimplied, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card statutory or any request for its return; any malfunction otherwise which are or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful default.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where inconsistent with this condition are expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.excluded
Appears in 1 contract
Sources: Storage Agreement
EXCLUSION OF LIABILITY. 13.1 We may from time to time arrange 13.1. The Bank shall not in any circumstance be liable for any loss damage, inconvenience, injury, embarrassment or procure benefits, discounts, retail rebates loss of reputation howsoever incurred or programmes in conjunction with the use of your Citibank ATM/Debit Card. Such benefits, discounts, retail rebates suffered by you under any circumstance whatsoever whether or programmes may be subject to not such terms and conditions and restrictions as we may notify you, and we may withdraw any such benefit, discount, retail rebate or programme at any time and with notice to you.
13.2 You will not hold us responsible for goods or services supplied by any merchant (whether introduced by us to you or otherwise) or the quality or performance of any goods or services pursuant circumstances relate to or in relation to any Cash Withdrawalarise out of this Agreement, Cash Advance and/or Card Transaction. If you have any complaint against any merchant (including but not limited to any claims that loss, damage, inconvenience, injury, embarrassment or loss of reputation howsoever incurred or suffered by you by reason of or arising out of or in connection with:
(i) The revocation, cancellation, termination, suspension, refusal or restriction in the use of the Credit Card; or
(ii) The listing of the Credit Card number in any cancellation and/or warning lists; or
(iii) Any act or omission of any merchant, howsoever caused; or
(iv) Any statement, representation or implication arising from the refusal of any merchant had coerced or pressured any bank to accept or honour the Credit Card or to make advances to the full authorised limit; or
(v) Any dissatisfaction with the quality, effectiveness and/or genuineness of any goods and/or services supplied by the merchant; or
(vi) The failure of the provision of any of the services herein contemplated to be provided whether such a failure is caused by the failure of any mechanical or electronic device, data processing system or transmission link or due to any electrical failure, industrial dispute or any act of God or any other act or event beyond the Bank’s control or otherwise; or
(vii) Any contract or transaction connected with the use of the Credit Card.
13.2. If you to perform the card transaction)have any claim or complaint against a merchant, you shall resolve such dispute with such merchant. Your liability and obligation to make payment to the merchant directly; your liability owing to us will Bank shall not be affected by such dispute or any counterclaim or right of set-off which you may have against such merchant.
13.3. Your rights under these Terms You hereby irrevocably agree and Conditions are not confirm that where insurance liability coverage is arranged by the Bank for your benefit , any claim and notice made or to be assigned made under such an insurance policy will be made by you at your own expense against the insurance company and in the event the insurance company rejects any claim made under the policy or otherwise disposed of.
13.3 You will avoids the policy for any reason whatsoever including negligence or noncompliance by the Bank, its servants or agents of the terms and conditions or the policy, no claim whatsoever shall be made, brought or maintained against the Bank and the Bank shall not hold us be liable in any way and to you will have no claims against us if your Citibank ATM/Debit Card is not accepted or honoured by any merchant, bank, financial institution or any other person for any reason.
13.4 Notwithstanding any other terms and conditions of these Terms and Conditions, we are not liable to you for any loss, damage, inconvenience, embarrassment, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the use or attempted use of your Citibank ATM/Debit Card, the CIN or PIN and/or these Terms and Conditions, including, without prejudice to the generality of the foregoing, any repossession of the Citibank ATM/Debit Card or any request for its return; any malfunction or failure of any machine or system of authorization or transmission link or ATM; any damage or loss of the Citibank ATM/Debit Card; and any inability to retrieve any data or information that may be stored in the Citibank ATM/Debit Card howsoever caused, save in the case of our fraud, gross negligence and wilful defaultmanner whatsoever.
13.5 You agree that we have the discretion to use such agents, contractors and/or correspondents as we deem fi t to carry out or procure any of the matters or transactions governed by or contemplated in these Terms and Conditions, and save where expressly provided in these Terms and Conditions, we are not liable to you for any act, omission, neglect or wilful default on the part of such agents, contractors and/or correspondents.
Appears in 1 contract
Sources: Terms and Conditions