Common use of EXCLUSION OR LIMITATION OF LIABILITY Clause in Contracts

EXCLUSION OR LIMITATION OF LIABILITY. (a) The Bank shall not be concerned with, or be liable to any Cardholder for any loss or damage directly or indirectly arising from except where the same has been caused directly by the Bank’s negligence or wilful default:- (i) any defect in or damage to any goods or services paid for by 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, the Cardholder shall remain fully liable for any Charges incurred in respect of the relevant goods or services; (ii) the refusal of any Person or Terminal to honour or accept a Card; (iii) the loss of or inaccuracy in any information or data stored in a Card containing a device capable of storing data or information; (iv) the exercise by the Bank of its right to demand and procure surrender of the Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by the Bank or by any other Person or by any Terminal; (v) termination by the Bank of any Card or the Card Account pursuant to Clause 15; (vi) the repossession of the Card, any request for its return, or any statement made or act performed by any Person requesting its return, and in no circumstance shall the same be or constitute any reflection on or injury to the creditworthiness, character or reputation of any Cardholder; (vii) any misstatement, misrepresentation or omission in any details disclosed by the Bank pursuant to Clause 8; or (viii) any act of fraud, forgery or gross negligence of the Cardholder, including (without limitation) the Cardholder’s failure to observe Clause 3(e) or 10(a) or follow any other recommendation of the Bank from time to time regarding the safety and secrecy of the Card, the PIN and/or the TIN. (b) Provided the Cardholder has not acted fraudulently or with gross negligence, the Cardholder shall not be liable for losses incurred:- (i) where a Transaction Instruction effected by the Bank was given by use of a Card before the Account Holder received the Card, or given through the use of a counterfeit card; or (ii) directly as a result of a fault in any Terminal which was not obvious or was not advised by a message or notice on display or otherwise drawn to the Cardholder’s attention.

EXCLUSION OR LIMITATION OF LIABILITY. (a) The Bank Company shall not be concerned with, or be liable to any Cardholder Cardmember for any loss or damage directly or indirectly arising from except where the same has been caused directly by the BankCompany’s negligence or wilful default:- (i) any defect in or damage to any goods or services paid for by 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 the avoidance of doubt, the Cardholder Cardmember shall remain fully liable for any Charges incurred in respect of the relevant goods or services; (ii) the refusal of any Person or Terminal to honour or accept a Card; (iii) the loss of or inaccuracy in any information or data (such as Bonus Points) stored in a Card containing a device capable of storing data or information; (iv) the exercise by the Bank Company of its right to demand and procure surrender of the Card prior to the expiry date embossed on its face, whether such demand and surrender are made and/or procured by the Bank Company or by any other Person or by any Terminal; (v) termination by the Bank Company of any Card or the Card Account pursuant to Clause 1513; (vi) the repossession of the Card, any request for its return, or any statement made or act performed by any Person requesting its return, and in no circumstance shall the same be or constitute any reflection on or injury to the creditworthiness, character or reputation of any CardholderCardmember; (vii) any misstatement, misrepresentation or omission in any details disclosed by the Bank Company pursuant to Clause 8; or (viii) any act of fraud, forgery or gross negligence of the CardholderCardmember, including (without limitation) the CardholderCardmember’s failure to observe Clause 3(e3(d) or 10(a9(a) or follow any other recommendation of the Bank Company from time to time regarding the safety and secrecy of the Card, the PIN and/or the TIN. (b) Provided the Cardholder has not acted fraudulently or with gross negligence, the Cardholder shall not be liable for losses incurred:- (i) where a Transaction Instruction effected by the Bank was given by use of a Card before the Account Holder received the Card, or given through the use of a counterfeit card; or (ii) directly as a result of a fault in any Terminal which was not obvious or was not advised by a message or notice on display or otherwise drawn to the Cardholder’s attention.