Common use of LIABILITY CLAUSE Clause in Contracts

LIABILITY CLAUSE. The MERCHANT shall hold MCC or any of its officers or representatives free and harmless from any and all liabilities, claims, losses or causes of action arising from the errors incurred by or judgments/decisions made by the MERCHANT’s cashiers/POS terminal operator or representative, such as in the release of goods despite (a) the POS terminal, does not display a message of approval or (b) the POS terminal displays a message other than “APPROVED”. MCC shall be indemnified for any loss that it may incur relating to these errors. MCC shall not be liable in any way to the MERCHANT for any claims, liabilities, expenses, costs, loss or damage of whatever nature brought against, suffered or incurred by or caused to the a. any disruption, defect or breakdown in or failure of any POS terminal or any system used to authorize or record card transactions or any other facilities; b. any authorization or authorization code number or other information or instruction requested by the MERCHANT being inaccurate, incomplete, delayed or not given for any reason; c. any direction, instruction, notice or request given to MCC by any of the MERCHANT’s employees or agents and all act’s or omission by MCC pursuant thereto, whether or not such direction, instruction, notice or request was followed and regardless of whether MCC had any notice or knowledge that such direction, instruction, notice or request was lawfully given or given in breach of any part of the MERCHANT’s Articles of Incorporation or Partnership and By-Laws or Registration of Business Name or other rules of incorporation or was otherwise irregular in any way; d. any act, omission or variation of this Agreement by MCC which is required by any change in law, regulation or official directive; or e. the inability of MCC, including its head office or other branch or subsidiary thereof, to perform any of its obligations under this agreement, which inability is due directly or indirectly to the defect, failure or damage of any machine or communications system, industrial dispute, civil disorder, war, act of God, or anything outside the control of MCC or its agents. f. The MERCHANT shall be held solely liable and hold MCC, its officers, employees and agents free and harmless for whatever claims, liabilities and judgements, directly or indirectly, that any cardholder may have against the MERCHANT or MCC due to identity theft, account takeover or other similar machinations in relation to the use of POS terminals, MERCHANT’s cash registers and other similar appliance or instruments or perpetuated by the MERCHANT or its employees, officers, or agents. Furthermore, in case of unauthorized storage of sensitive credit card information, or sensitive card authentication data, as the case may be, or failure of the MERCHANT to abide with the provisions of Section 15 on ACCOUNT SECURITY AND DATA PRIVACY which would result to monetary claims or damages, or the imposition of fines and/or penalties against MCC, the MERCHANT shall indemnify MCC in full the corresponding monetary claims or damages, or fines and/or penalties imposed.

LIABILITY CLAUSE. The MERCHANT shall hold MCC or any of its officers or representatives free and harmless from any and all liabilities, claims, losses or causes of action arising from the errors incurred by or judgments/decisions made by the MERCHANT’s cashiers/POS terminal operator or representativeoperator, such as in the release of goods despite (a) the POS terminal, does not display a message of approval or (b) the POS terminal displays a message other than “APPROVED”. MCC shall be indemnified for any loss that it may incur relating to these errors. MCC shall not be liable in any way to the MERCHANT for any claims, liabilities, expenses, costs, loss or damage of whatever nature brought against, suffered or incurred by or caused to the a. any disruption, defect or breakdown in or failure of any POS terminal or any system used to authorize or record card transactions or any other facilities; b. any authorization or authorization code number or other information or instruction requested by the MERCHANT being inaccurate, incomplete, delayed or not given for any reason; c. any direction, instruction, notice or request given to MCC by any of the MERCHANT’s employees or agents and all act’s or omission by MCC pursuant thereto, whether or not such direction, instruction, notice or request was followed and regardless of whether MCC had any notice or knowledge that such direction, instruction, notice or request was lawfully given or given in breach of any part of the MERCHANT’s Articles of Incorporation or Partnership and By-Laws or Registration of Business Name or other rules of incorporation or was otherwise irregular in any way; d. any act, omission or variation of this Agreement by MCC which is required by any change in law, regulation or official directive; or e. the inability of MCC, including its head office or other branch or subsidiary thereof, to perform any of its obligations under this agreement, which inability is due directly or indirectly to the defect, failure or damage of any machine or communications system, industrial dispute, civil disorder, war, act of God, or anything outside the control of MCC or its agents. f. The MERCHANT shall be held solely liable and hold MCC, its officers, employees and agents free and harmless for whatever claims, liabilities and judgements, directly or indirectly, that any cardholder may have against the MERCHANT or MCC due to identity theft, account takeover or other similar machinations in relation to the use of POS terminals, MERCHANT’s cash registers and other similar appliance or instruments or perpetuated by the MERCHANT or its employees, officers, or agents. Furthermore, in case of unauthorized storage of sensitive credit card information, or sensitive card authentication data, as the case may be, or failure of the MERCHANT to abide with the provisions of Section 15 Item no.14 on ACCOUNT DATA SECURITY AND DATA PRIVACY which would result to monetary claims or damages, or the imposition of fines and/or penalties against MCC, the MERCHANT shall indemnify MCC in full the corresponding monetary claims or damages, or fines and/or penalties imposed.

LIABILITY CLAUSE. The MERCHANT shall hold MCC or any of its officers or representatives free and harmless from any and all liabilities, claims, losses or causes of action arising from the errors incurred by or judgments/decisions made by the MERCHANT’s cashiers/POS terminal operator or representativeoperator, such as in the release of goods despite (a) the POS terminal, does not display a message of approval or (b) the POS terminal displays a message other than “APPROVED”. MCC shall be indemnified for any loss that it may incur relating to these errors. MCC shall not be liable in any way to the MERCHANT for any claims, liabilities, expenses, costs, loss or damage of whatever nature brought against, suffered or incurred by or caused to thethe MERCHANT due to or arising out of or in connection with this Agreement, including, without prejudice to the generality of the foregoing: a. any disruption, defect or breakdown in or failure of any POS terminal or any system used to authorize or record card transactions or any other facilities; b. any authorization or authorization code number or other information or instruction requested by the MERCHANT being inaccurate, incomplete, delayed or not given for any reason; c. any direction, instruction, notice or request given to MCC by any of the MERCHANT’s employees or agents and all act’s or omission by MCC pursuant thereto, whether or not such direction, instruction, notice or request was followed and regardless of whether MCC had any notice or knowledge that such direction, instruction, notice or request was lawfully given or given in breach of any part of the MERCHANT’s Articles of Incorporation or Partnership and By-Laws or Registration of Business Name or other rules of incorporation or was otherwise irregular in any way; d. any act, omission or variation of this Agreement by MCC which is required by any change in law, regulation or official directive; or e. the inability of MCC, including its head office or other branch or subsidiary thereof, to perform any of its obligations under this agreement, which inability is due directly or indirectly to the defect, failure or damage of any machine or communications system, industrial dispute, civil disorder, war, act of God, or anything outside the control of MCC or its agents. f. The MERCHANT shall be held solely liable and hold MCC, its officers, employees and agents free and harmless for whatever claims, liabilities and judgements, directly or indirectly, that any cardholder may have against the MERCHANT or MCC due to identity theft, account takeover or other similar machinations in relation to the use of POS terminals, MERCHANT’s cash registers and other similar appliance or instruments or perpetuated by the MERCHANT or its employees, officers, or agents. Furthermore, in case of unauthorized storage of sensitive credit card information, or sensitive card authentication data, as the case may be, or failure of the MERCHANT to abide with the provisions of Section 15 on ACCOUNT SECURITY AND DATA PRIVACY which would result to monetary claims or damages, or the imposition of fines and/or penalties against MCC, the MERCHANT shall indemnify MCC in full the corresponding monetary claims or damages, or fines and/or penalties imposed.