Common use of Liabilities of the Customer Clause in Contracts

Liabilities of the Customer. 10.1 Without prejudice to Clauses 3.8 and 3.10, the Customer shall be fully responsible and liable for all consequences arising from and in connection with the access to and use of the Personal Net 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 Without prejudice to the generality of other provisions of this Agreement, if in the reasonable opinion of the Bank, there is no gross negligence, breach or fraud 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 Personal Net Banking Services. 10.3 Customer shall not be liable for loss or misplacement of funds caused by unauthorised Transactions conducted through the use of the Personal Net 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; or (b) a missed or mis-directed payment caused by the gross negligence or wilful default of the Bank, its officers or employees; or (c) a human or system error of the Bank. 10.4 Without prejudice to any other provision of this Agreement and save for the gross negligence or wilful default of the Bank, the Customer shall fully indemnify and keep indemnified the Bank and its subsidiaries, affiliates, officers, employees and agents against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred and all actions or proceedings which may be brought by or against the Bank in connection with the provision of the Personal Net Banking Services and/or the Website and/or access to the Content, and/or the exercise or preservation of the Bank's powers and rights under this Agreement.

Liabilities of the Customer. 10.1 10.1. Without prejudice to Clauses Clause 3.8 and 3.10unless 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 Personal Net 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 Without 10.2. Subject to Clause 3.9, 3.10 and without prejudice to the generality of other provisions of this Agreement, Agreement if in the reasonable opinion of the Bank, there is no gross negligence, breach breach, fraud or fraud 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 Personal Net Banking Services. 10.3 Customer shall not be liable for loss or misplacement of funds caused by unauthorised Transactions conducted through the use of the Personal Net Internet Banking Services as a result of: (a) 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; or. (b) b. a missed or mis-directed payment caused by the gross negligence or wilful willful default of the Bank, its officers or employees; or. (c) c. a human or system error of the Bank. 10.4 10.3. Without prejudice to any other provision of this Agreement and save for unless Clause. 10.2 applies or due to the gross negligence or wilful willful default of the Bank, the Customer shall fully indemnify and keep indemnified the Bank and its subsidiaries, affiliates, officers, subsidiaries affiliates officers employees and agents against all liabilities, claims, demand, losses, damages, liabilities claims demand losses damages costs, charges and expenses of any kind (including, including without limitation, limitation legal fees on a full indemnity basis) which may be incurred and all actions or proceedings which may be brought by or against the Bank in connection with the provision of the Personal Net Internet Banking Services and/or the Website and/or access to the Content, Content and/or the exercise or preservation of the Bank's powers and rights under this Agreement.