EXCLUSIONS AND EXCEPTIONS. 11.1 The Bank shall not be responsible or liable to the Cardmember for any inconvenience, loss or damage or embarrassment incurred or suffered in the event: (a) the Bank, a Merchant, or other bank or financial institution or any other party refuses to accept the Card or to extend any cash withdrawal for any reason whatsoever including, but not limited to, the negligent act or omission by the Bank, its servants, agents or contractors; or (b) the Bank, its servants, agents or contractors are unable to perform any of its obligations under this Agreement due whether directly or indirectly to the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; or its servants, agents or contractors or as a consequence of any fraud or forgery; or (c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank or otherwise, howsoever caused; or (d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; or (e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever; (f) any damage to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card howsoever caused. 11.2 The Bank shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services. 11.3 The Bank shall also not be responsible for any benefits, discounts or programmes of any merchant or other person which the Bank may make available or introduce to the Cardmember. 11.4 The Bank shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by use of your Card or the PIN of your Card in spite of the nondelivery or nonperformance of or any defect in those goods or services or the failure of any person to provide or make available to the Cardmember any of those benefits, discounts or programmes. The Cardmember must seek redress in respect of such goods, services, benefits, discounts and programmes from that person directly. 11.5 In the event of any dispute between the Cardmember and any Merchant or bank or financial institution or any other person, the Cardmember’s liability to the Bank shall not in any way be affected by such dispute or any counterclaim, right of setoff or contractual right which the Cardmember may have against such Merchant or bank or financial institution or person. 11.6 The Bank shall not in any event be responsible or liable to the Cardmember for any consequential or indirect or economic loss, howsoever caused, incurred or arising.
Appears in 1 contract
Sources: Debit Card Agreement
EXCLUSIONS AND EXCEPTIONS. 11.1 13.1 The Bank shall not be responsible or liable to the Firm and/or the Cardmember for any inconvenience, loss or damage or embarrassment incurred or suffered in the event:
(a) the Bank, a Merchant, or other bank or financial institution or any other party refuses refusing to accept the Card or to extend any cash withdrawal Cash Advance for any reason whatsoever including, but not limited to, the negligent act or omission by the Bank, its servants, agents or contractors; or;
(b) the Bank, its servants, agents or contractors are unable to perform any of its obligations under this Agreement due these Terms and Conditions whether directly or indirectly to caused by the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; Bank or its servants, agents or contractors or as a consequence of any fraud or forgery; or;
(c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank or otherwise, howsoever caused; or;
(d) any rejection of your the Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; or;
(e) any neglect, refusal or inability on our the Bank’s part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever;
(f) of breach of any service agreements prescribed by telecommunications carriers and/or internet service providers or as a result of any act or omission of telecommunications carriers and/or internet service providers; and/or
(g) any damage to or loss of or inability to retrieve any data or information that may be stored in your the Card or any microchip or circuit or device in your the Card howsoever caused.
11.2 13.2 The Bank shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services.
11.3 13.3 The Bank shall also not be responsible for any benefits, discounts or programmes of any merchant Merchant or other person which the Bank may make available or introduce to the Firm and/or the Cardmember.
11.4 13.4 The Bank shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by use of your the Card or the PIN of your Card in spite of notwithstanding the nondelivery non‐delivery or nonperformance non‐performance of or any defect in those goods or services or the failure of any person to provide or make available to the Cardmember any of those benefits, discounts or programmes. The Cardmember must seek redress in respect of such goods, services, benefits, discounts and programmes from that person directly.
11.5 13.5 In the event of any dispute between the Firm and/or the Cardmember and any Merchant or bank or financial institution or any other person, the Cardmember’s liability of the Firm and/or the Cardmember to the Bank shall not in any way be affected by such dispute or any counterclaim, right of setoff set‐off or contractual right which the Firm and/or the Cardmember may have against such Merchant or bank or financial institution or person.
11.6 13.6 The Bank shall not in any event be responsible or liable to the Firm and/or the Cardmember for any consequential or indirect or economic loss, howsoever caused, incurred or arising.
13.7 Without prejudice to the Bank’s rights set out in Clause 2.4, the Card is not eligible for use for the following Facilities:
(a) FlexiCash;
(b) FlexiPay;
(c) Instalment payment plans;
(d) 0% Interest Instalment Plans;
(e) any short-term financing plans offered by the Bank; and
(f) such other Facilities that the Bank may exclude from time to time without prior notice.
Appears in 1 contract
Sources: Credit Card Agreement
EXCLUSIONS AND EXCEPTIONS. 11.1 The Bank shall not be responsible or liable 14.1 Without prejudice to the Cardmember for any inconvenience, loss or damage or embarrassment incurred or suffered other terms in the eventBanking Agreement, we are not liable in any way:
(a) the Bankshould your Card(s) be rejected by a merchant or any terminal used to process card transactions or if we refuse for any reason to authorise any Card transaction;
(b) for any malfunction, a Merchantdefect or error in any terminal used to process card transactions, or other bank machines or financial institution system of authorisation whether belonging to or operated by us or other persons;
(c) for any Losses you may suffer as a consequence of any delay or refusal by us to process any Card transaction you attempt to make or by our suspension or cancellation of your Card and/or suspension or closure of your Designated Account (as the case may be);
(d) for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any other party refuses to accept event outside our control or the Card or to extend control of any cash withdrawal for any reason whatsoever includingof our employees, but not limited to, the negligent act or omission by the Bank, its servantsrepresentatives, agents or contractors; or
(b) the Bank, its servants, agents or contractors are unable to perform any of its obligations under this Agreement due whether directly or indirectly to the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; or its servants, agents or contractors or as a consequence of any fraud or forgery; or
(c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank or otherwise, howsoever caused; or
(d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; or
(e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever;
(f) any damage to or loss of or inability to retrieve any data or information that may be stored in your Card Card(s), except where (and only to the extent that) you have conclusively established in the courts of Singapore that the aforesaid occurred solely owing to manifest error, gross negligence or any microchip or circuit or device in your Card howsoever causedwilful default on our part.
11.2 The Bank shall 14.2 We are not be liable in any way for should you encounter any problems with the goods purchased or and services rendered and paid for by that you obtain through the use of the your Card or the delivery, quality or performance of such goods or services.
11.3 The Bank shall also not be nor are we responsible for any benefits, discounts or programmes of any merchant or other person which the Bank may that is made available to you. We make available or introduce no representation as to the Cardmember.
11.4 The Bank quality, provision of performance of any such goods or services. You acknowledge that we are not acting as agent for any merchant. You should resolve any complaints about the goods and services directly with the merchant. Notwithstanding any non-delivery or non- performance or defects in any such goods and services, you shall be liable for all Card transactions, and you agree that we shall be entitled to charge and debit the Card Account in respect full amount of all Card Transactions effected by use of such goods and services from your Card or the PIN of your Card in spite of the nondelivery or nonperformance of or any defect in those goods or services or the failure of any person to provide or make available to the Cardmember any of those benefits, discounts or programmes. The Cardmember must seek redress in respect of such goods, services, benefits, discounts and programmes from that person directlyand/or Designated Account.
11.5 In the event of any dispute between the Cardmember and any Merchant or bank or financial institution or any other person, the Cardmember’s liability to the Bank shall not in any way be affected by such dispute or any counterclaim, right of setoff or contractual right which the Cardmember may have against such Merchant or bank or financial institution or person.
11.6 The Bank shall not in any event be responsible or liable to the Cardmember for any consequential or indirect or economic loss, howsoever caused, incurred or arising.
Appears in 1 contract
Sources: Debit Cardmembers' Agreement
EXCLUSIONS AND EXCEPTIONS. 11.1 The Bank 12.1 We shall not be responsible or liable to the Cardmember you for any inconvenience, loss or damage or embarrassment incurred or suffered in any of the eventfollowing events:
(a) the Bankwe, a Merchant, or other bank or financial institution or any other party refuses to accept the Card or to extend accept any cash withdrawal Card Transaction for any reason whatsoever including, but not limited to, the negligent act or omission by the Bank, its servants, agents or contractorswhatsoever; or
(b) the Bankwe, its our servants, agents or contractors are unable to perform any of its our obligations under this Agreement whether due whether directly or indirectly to the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; or its us, our servants, agents or contractors or as a consequence of any fraud or forgery; or;
(c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank us or otherwise, howsoever caused; or;
(d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; or;
(e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever;; or
(f) any damage damages to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card howsoever caused.
11.2 The Bank 12.2 We shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services.
11.3 The Bank 12.3 We shall also not be responsible for any benefits, discounts or programmes of any merchant Merchant or other person which the Bank that we may make available or introduce to the Cardmemberyou.
11.4 The Bank 12.4 We shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by use of your Card or the PIN of your Card in spite of the nondelivery non-delivery or nonperformance non-performance of or any defect in those goods or services or the failure of any person to provide or make available to the Cardmember you any of those benefits, discounts or programmes. The Cardmember You must seek redress in respect of such goods, services, benefits, discounts and programmes from that person directly.
11.5 12.5 In the event of any dispute between the Cardmember you and any Merchant or bank or financial institution or any other person, the Cardmember’s your liability to the Bank us shall not in any way be affected by such dispute or any counterclaim, right of setoff set-off or contractual right which the Cardmember you may have against such Merchant or bank or financial institution or person.
11.6 The Bank . We shall not in any event be responsible or liable to the Cardmember you for any consequential or indirect or economic loss, howsoever caused, incurred incurring or arising.
12.6 You may not assign your rights under this Agreement.
12.7 We may at our discretion make available to you from time to time additional benefits, services or programmes in connection with the use of your Card. Such benefits, services or programmes shall nevertheless not form part of our legal relationship with and obligations to you.
12.8 You hereby acknowledge that any Merchant may at any time and from time to time without prior notice restrict, exclude, modify or suspend the benefits and/or privileges accorded to you under any privilege schemes at that participating Merchant.
Appears in 1 contract
EXCLUSIONS AND EXCEPTIONS. 11.1 13.1 The Bank shall not be responsible or liable to the Firm and/or the Cardmember for any inconvenience, loss or damage or embarrassment incurred or suffered in the event:
(a) the Bank, a Merchant, or other bank or financial institution or any other party refuses refusing to accept the Card or to extend any cash withdrawal Cash Advance for any reason whatsoever including, but not limited to, the negligent act or omission by the Bank, its servants, agents or contractors; or
(b) the Bank, its servants, agents or contractors are unable to perform any of its obligations under this Agreement due these Terms and Conditions whether directly or indirectly to caused by the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; Bank or its servants, agents or contractors or as a consequence of any fraud or forgery; or
(c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank or otherwise, howsoever caused; or
(d) any rejection of your the Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; or
(e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever;; or
(f) of breach of any service agreements prescribed by telecommunications carriers and/or internet service providers or as a result of any act or omission of telecommunications carriers and/or internet service providers; and/or
(g) any damage to or loss of or inability to retrieve any data or information that may be stored in your the Card or any microchip or circuit or device in your the Card howsoever caused.
11.2 13.2 The Bank shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services.
11.3 13.3 The Bank shall also not be responsible for any benefits, discounts or programmes of any merchant Merchant or other person which the Bank may make available or introduce to the Firm and/or the Cardmember.
11.4 13.4 The Bank shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by use of your the Card or the PIN of your Card in spite of notwithstanding the nondelivery non‐delivery or nonperformance non‐performance of or any defect in those goods or services or the failure of any person to provide or make available to the Cardmember any of those benefits, discounts or programmes. The Cardmember must seek redress in respect of such goods, services, benefits, discounts and programmes from that person directly.
11.5 13.5 In the event of any dispute between the Firm and/or the Cardmember and any Merchant or bank or financial institution or any other person, the Cardmember’s liability of the Firm and/or the Cardmember to the Bank shall not in any way be affected by such dispute or any counterclaim, right of setoff set‐off or contractual right which the Firm and/or the Cardmember may have against such Merchant or bank or financial institution or person.
11.6 13.6 The Bank shall not in any event be responsible or liable to the Firm and/or the Cardmember for any consequential or indirect or economic loss, howsoever caused, incurred or arising.
13.7 Without prejudice to the Bank’s rights set out in clause 2.4, the Card is not eligible for use for the following Facilities:
a) FlexiCash;
b) FlexiPay;
c) Instalment payment plans;
Appears in 1 contract
EXCLUSIONS AND EXCEPTIONS. 11.1 The Bank 12.1. We shall not be responsible or liable to the Cardmember you for any inconvenience, loss or damage or embarrassment incurred or suffered in any of the eventfollowing events:
(a) the Bankwe, a Merchant, or other bank or financial institution or any other party refuses to accept the Card or to extend accept any cash withdrawal Card Transaction for any reason whatsoever including, but not limited to, the negligent act or omission by the Bank, its servants, agents or contractorswhatsoever; or
(b) the Bankwe, its our servants, agents or contractors are unable to perform any of its our obligations under this Agreement whether due whether directly or indirectly to the failure of any machine, data processing system or transmission link or industrial or other dispute, Act of God or anything beyond the control of the Bank; or its us, our servants, agents or contractors or as a consequence of any fraud or forgery; or;
(c) any malfunction, defect or error in any ATM or other machines or systems whether belonging to or operated by the Bank us or otherwise, howsoever caused; or;
(d) any rejection of your Card or the PIN of your Card by any ATM or other machines or any failure to effect or complete any Card Transaction howsoever caused; orHBSP/ CVM/ WEL/ TB/ TNC104
(e) any neglect, refusal or inability on our part to authorise or approve any Card or to honour or effect any other transaction on the Card Account for any reason whatsoever;
(f) ; or any damage damages to or loss of or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card howsoever caused.
11.2 The Bank 12.2. We shall not be liable in any way for the goods purchased or services rendered and paid for by the use of the Card or the delivery, quality or performance of such goods or services.
11.3 The Bank 12.3. We shall also not be responsible for any benefits, discounts or programmes of any merchant Merchant or other person which the Bank that we may make available or introduce to the Cardmemberyou.
11.4 The Bank 12.4. We shall be entitled to charge and debit the Card Account in respect of all Card Transactions effected by use of your Card or the PIN of your Card in spite of the nondelivery non-delivery or nonperformance non- performance of or any defect in those goods or services or the failure of any person to provide or make available to the Cardmember you any of those benefits, discounts or programmes. The Cardmember You must seek redress in respect of such goods, services, benefits, discounts and programmes from that person directly.
11.5 12.5. In the event of any dispute between the Cardmember you and any Merchant or bank or financial institution or any other person, the Cardmember’s your liability to the Bank us shall not in any way be affected by such dispute or any counterclaim, right of setoff set-off or contractual right which the Cardmember you may have against such Merchant or bank or financial institution or person.
11.6 The Bank . We shall not in any event be responsible or liable to the Cardmember you for any consequential or indirect or economic loss, howsoever caused, incurred incurring or arising.
12.6. You may not assign your rights under this Agreement.
12.7. We may at our discretion make available to you from time to time additional benefits, services or programmes in connection with the use of your Card. Such benefits, services or programmes shall nevertheless not form part of our legal relationship with and obligations to you.
12.8. You hereby acknowledge that any Merchant may at any time and from time to time without prior notice restrict, exclude, modify or suspend the benefits and/or privileges accorded to you under any privilege schemes at that participating Merchant.
Appears in 1 contract
Sources: Debit Card Cardholder’s Agreement