Common use of Liabilities of the Customer Clause in Contracts

Liabilities of the Customer. 10.1. Without prejudice to Clause 3.8 and unless Clause 10.2 applies, the Customer shall be fully responsible and liable for all consequences arising from and in connection with the access to and use of the Internet Banking Services (including but not limited to any Transactions) and/or the Website and/or access to any Content by any person, whether or not authorised by the Customer. 10.2. Subject to Clause 3.9, 3.10 and without prejudice to the generality of other provisions of this Agreement if in the reasonable opinion of the Bank, there is no negligence, breach, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorised Transactions conducted through the use of the Internet Banking Services as a result of: a. a computer crime which should have been prevented by the risks control and management measures had the Bank adopted such measures in accordance with Clause 3.1. b. a missed or mis-directed payment caused by the gross negligence or willful default of the Bank, its officers or employees. c. a human or system error of the Bank. 10.3. Without prejudice to any other provision of this Agreement and unless Clause.