Common use of LIABILITY FOR TRANSACTIONS Clause in Contracts

LIABILITY FOR TRANSACTIONS. 9.1 Notwithstanding any other provisions of this Agreement, the Employer shall (without prejudice to the Bank's rights against the Cardholder) be wholly liable to the Bank for the value of all Card Transactions effected by the Cardholder (whether voluntarily or otherwise) as well as all amounts properly debited to the Card Account (wherever effected and whether or not (a) that transaction has been undertaken for the business purposes of the Employer or (b) that transaction may have arisen as a result of actions of the Cardholder without the Employer's authority or (c) authorisation has been obtained from the Bank in respect of that transaction or (d) the Card has been used in breach of any other terms contained herein or the Conditions of Use or (e) the Employer's Programme credit limit may be exceeded) as well as all fees, interest and charges payable under this Agreement. This liability shall include any transactions undertaken after the cancellation of a Card, subject however to the terms of this Clause. 9.2 The Card is the property of the Bank and is not transferable. The loss or theft of any Card, or (in the case of Corporate Cards) the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Corporate Card, should be reported immediately upon discovery of loss, theft or disclosure (to the Bank's Card Centre in the Hong Kong SAR – tel: ▇▇▇▇ ▇▇▇▇ – or, if overseas, to any member of MasterCard). The Employer shall be fully liable for all cash advances effected as a result of the unauthorised use of any such number. In respect of all other transactions debited to any Card Account as a result of the unauthorised use of a Card ("Non-cash Transactions") until notification of its loss, theft or disclosure has been received by the Bank or by a member of MasterCard, except in the circumstances described below, the maximum liability for Non-cash Transactions shall be the assigned credit limit of the Card Account for the Employer. The Employer shall be fully liable for all Non-cash Transactions, without limit, if the Employer and/or the Cardholder has acted fraudulently or with gross negligence in using or safeguarding the Card or has knowingly (whether voluntarily or otherwise) provided that Card or let the Card be taken by a third party or has failed to make a report in accordance with this Clause as soon as reasonably practicable upon discovery of loss or theft. Failure to follow any measures to safeguard the Card (and in the case of Corporate Cards, such PIN number) or with regard to the usage thereof as recommended by the Bank in any communication to the Employer and/or the Cardholder from time to time may be treated as gross negligence for the above purpose. 9.3 The Bank shall be under no obligation to issue a replacement Card to the Cardholder following its loss or theft. Any replacement Card will be subject to a handling fee as set out in the Bank's An easy guide to commercial tariffs, and may be amended from time to time.

LIABILITY FOR TRANSACTIONS. 9.1 Notwithstanding any other provisions of this Agreement19.1 All Transactions including but not limited to Internet transactions, transactions via the Employer Mobile Application and cash withdrawals using the Card shall (without prejudice be deemed to have been made by the Bank's rights against Cardholder and Merchantrade shall not be liable for acting in good faith for honouring the Cardholder) said transactions. The Cardholder agrees that he or she shall be wholly solely and fully responsible and liable to the Bank for the value of all Card Transactions effected by the Cardholder (whether voluntarily or otherwise) as well as all amounts properly debited to use of the Card Account (wherever effected and whether or not (a) that transaction has been undertaken for the business purposes of the Employer or (b) that transaction may have arisen as a result of actions of the Cardholder without the Employer's authority or (c) authorisation has been obtained from the Bank in respect of that transaction or (d) and/or the Card has been used in breach of any other terms contained herein PIN and/or OTP and/ or the Conditions of Use Card information whether with or (e) the Employer's Programme credit limit may be exceeded) as well as all feeswithout his or her knowledge, interest and charges payable under this Agreement. This liability shall include any transactions undertaken after the cancellation of a Card, subject however to the terms of this Clause. 9.2 The Card is the property of the Bank and is not transferableacquiescence or authority. The loss Cardholder agrees that Merchantrade shall not under any circumstances whatsoever be responsible or theft of any Card, or (in the case of Corporate Cards) the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Corporate Card, should be reported immediately upon discovery of loss, theft or disclosure (to the Bank's Card Centre in the Hong Kong SAR – tel: ▇▇▇▇ ▇▇▇▇ – or, if overseas, to any member of MasterCard). The Employer shall be fully liable for all cash advances Transactions effected as a result by the use of the Card and/or the Card PIN and/or OTP and/or the Card information. The Cardholder shall indemnify and keep Merchantrade fully indemnified against and from all direct or indirect consequential losses, damages, claims, demands, actions, proceedings, costs and expenses (including legal fees and other disbursements) suffered by Merchantrade including claims, actions and proceedings from any third parties howsoever arising from such unauthorised use. 19.2 Except as otherwise expressly stated in these terms and conditions and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), Merchantrade shall in no event be liable whether in (i) Any inaccuracies, or errors in any data or information in the E-Statements or otherwise provided or made available by Merchantrade regarding the Card Account. (ii) The failure to view, save, print or download the E-Statements or such other information due to limitations or any failure of the relevant service. (iii) Any unauthorised use of the E-Statement service or such applicable service on any such number. In respect of all these Services by any person, virus, Trojan Horse, worm, macro or other transactions debited to any Card Account as a result of the unauthorised use of a Card ("Non-cash Transactions") until notification of its loss, theft harmful components or disclosure has been received by the Bank deleterious programs or by a member of MasterCard, except in the circumstances described below, the maximum liability for Non-cash Transactions shall be the assigned credit limit of the Card Account for the Employer. The Employer shall be fully liable for all Non-cash Transactions, without limit, if the Employer and/or the Cardholder has acted fraudulently or with gross negligence in using or safeguarding the Card or has knowingly (whether voluntarily or otherwise) provided that Card or let the Card be taken by a third party or has failed to make a report in accordance with this Clause as soon as reasonably practicable upon discovery of loss or theft. Failure to follow any measures to safeguard the Card (and in the case of Corporate Cards, such PIN number) or with regard to the usage thereof as recommended by the Bank in any communication to the Employer and/or the Cardholder from time to time may be treated as gross negligence for the above purposefiles. 9.3 The Bank shall be under no obligation to issue a replacement Card to the Cardholder following its loss or theft. Any replacement Card will be subject to a handling fee as set out in the Bank's An easy guide to commercial tariffs, and may be amended from time to time.

LIABILITY FOR TRANSACTIONS. 9.1 Notwithstanding any other provisions of this Agreement, the Employer Customer shall (without prejudice to the Bank's rights against the Cardholder) be wholly liable to the Bank for the value of all Card Transactions effected by the Cardholder (whether voluntarily or otherwise) as well as all amounts properly debited to the Card Account (wherever effected and whether or not (a) that transaction has been undertaken for the business purposes of the Employer Customer or (b) that transaction may have arisen as a result of actions of the Cardholder without the EmployerCustomer's authority or (c) authorisation has been obtained from the Bank in respect of that transaction or (d) the Card has been used in breach of any other terms contained herein or the Conditions of Use or (e) the EmployerCustomer's Programme credit limit may be exceeded) as well as all fees, interest and charges payable under this Agreement. This liability shall include any transactions undertaken after the cancellation of a Card, subject however to the terms of this Clause. 9.2 The Card is the property of the Bank and is not transferable. The loss or theft of any Card, or any device upon which a Mobile Card is stored, or any security credentials used to access or use a Mobile Card,or (in the case of Corporate Cards) the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Corporate Card, should be reported immediately upon discovery of loss, theft or disclosure (to the Bank's Card Centre in the Hong Kong SAR – tel: HSBC Commercial Banking Service Hotline on (▇▇▇)▇▇▇▇ ▇▇▇▇ – or, if overseas, to any member of MasterCard). The Employer Customer shall be fully liable for all cash advances effected as a result of the unauthorised use of any such number. In respect of all other transactions debited to any Card Account as a result of the unauthorised use of a Card ("Non-cash Transactions") until notification of its loss, theft or disclosure has been received by the Bank or by a member of MasterCardBank, except in the circumstances described below, the maximum liability for Non-cash Transactions shall be the assigned credit limit of the Card Account for the EmployerCustomer. The Employer Customer shall be fully liable for all Non-cash Transactions, without limit, if the Employer Customer and/or the Cardholder has acted fraudulently or with gross negligence in using or safeguarding the Card or has knowingly (whether voluntarily or otherwise) provided that Card or let the Card be taken by a third party or has knowingly (whether voluntarily or otherwise) provided the device where the Mobile Card is stored, or any Mobile Card details, device passcode, PIN, password or other security details relating to the Cardholder’s Mobile Card, Mobile Wallet or Mobile Device to a third party, or let such device or security details be taken by a third party or has failed to make a report in accordance with this Clause as soon as reasonably practicable upon discovery of loss or theft. Failure to follow any measures to safeguard the Card (and in the case of Corporate Cards, such PIN number) or with regard to the usage thereof as recommended by the Bank in any communication to the Employer Customer and/or the Cardholder from time to time may be treated as gross negligence for the above purpose. 9.3 The Bank shall be under no obligation to issue a replacement Card to the Cardholder following its loss or theft. Any replacement Card will be subject to a handling fee as set out in the Bank's An easy guide to commercial tariffs, and may be amended from time to time. 9.4 The Bank shall have no liability for any loss suffered by the Customer arising from or in connection with the use, functionality, or availability of any Mobile Wallet, including without limitation any operational or other issues associated with the Mobile Wallet or the relevant provider of the Mobile Wallet (a “Mobile Wallet Provider”). In addition, the Customer acknowledges and agrees that any Mobile Wallet is provided by the Mobile Wallet Provider and not the Bank. Any terms and conditions that a Cardholder or Customer agrees to with the Mobile Wallet Provider will not bind the Bank or change or override any of these terms and conditions.

LIABILITY FOR TRANSACTIONS. 9.1 Notwithstanding any other provisions of this Agreement, the Employer shall (without prejudice to the Bank's rights against the Cardholder) be wholly liable to the Bank for the value of all Card Transactions effected by the Cardholder (whether voluntarily or otherwise) as well as all amounts properly debited to the Card Account (wherever effected and whether or not (a) that transaction has been undertaken for the business purposes of the Employer or (b) that transaction may have arisen as a result of actions of the Cardholder without the Employer's authority or (c) authorisation has been obtained from the Bank in respect of that transaction or (d) the Card has been used in breach of any other terms contained herein or the Conditions of Use or (e) the Employer's Programme credit limit may be exceeded) as well as all fees, interest and charges payable under this Agreement. This liability shall include any transactions undertaken after the cancellation of a Card, subject however to the terms of this Clause. 9.2 The Card is the property of the Bank and is not transferable. The loss or theft of any Card, or (in the case of Corporate Cards) the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Corporate Card, should be reported immediately upon discovery of loss, theft or disclosure (to the Bank's Card Centre in the Hong Kong SAR – tel: ▇▇▇▇ ▇▇▇▇ – or, if overseas, to any member of MasterCardVisa International). The Employer shall be fully liable for all cash advances effected as a result of the unauthorised use of any such number. In respect of all other transactions debited to any Card Account as a result of the unauthorised use of a Card ("Non-cash Transactions") until notification of its loss, theft or disclosure has been received by the Bank or by a member of MasterCardVisa International, except in the circumstances described below, the maximum liability for Non-cash Transactions shall be the assigned credit limit of the Card Account for the Employer. The Employer shall be fully liable for all Non-cash Transactions, without limit, if the Employer and/or the Cardholder has acted fraudulently or with gross negligence in using or safeguarding the Card or has knowingly (whether voluntarily or otherwise) provided that Card or let the Card be taken by a third party or has failed to make a report in accordance with this Clause as soon as reasonably practicable upon discovery of loss or theft. Failure to follow any measures to safeguard the Card (and in the case of Corporate Cards, such PIN number) or with regard to the usage thereof as recommended by the Bank in any communication to the Employer and/or the Cardholder from time to time may be treated as gross negligence for the above purpose. 9.3 The Bank shall be under no obligation to issue a replacement Card to the Cardholder following its loss or theft. Any replacement Card will be subject to a handling fee as set out in the Bank's An easy guide to commercial tariffs, and may be amended from time to time.

LIABILITY FOR TRANSACTIONS. 9.1 Notwithstanding any other provisions of this Agreement, the Employer Customer shall (without prejudice to the Bank's rights against the Cardholder) be wholly liable to the Bank for the value of all Card Transactions effected by the Cardholder (whether voluntarily or otherwise) as well as all amounts properly debited to the Card Account (wherever effected and whether or not (a) that transaction has been undertaken for the business purposes of the Employer Customer or (b) that transaction may have arisen as a result of actions of the Cardholder without the EmployerCustomer's authority or (c) authorisation has been obtained from the Bank in respect of that transaction or (d) the Card has been used in breach of any other terms contained herein or the Conditions of Use or (e) the EmployerCustomer's Programme credit limit may be exceeded) as well as all fees, interest and charges payable under this Agreement. This liability shall include any transactions undertaken after the cancellation of a Card, subject however to the terms of this Clause. 9.2 The Card is the property of the Bank and is not transferable. The loss or theft of any Card, or any device upon which a Mobile Card is stored, or any security credentials used to access or use a Mobile Card,or (in the case of Corporate Cards) the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Corporate Card, should be reported immediately upon discovery of loss, theft or disclosure (to the Bank's Card Centre in the Hong Kong SAR – tel: HSBC Commercial Banking Service Hotline on (▇▇▇)▇▇▇▇ ▇▇▇▇ – or, if overseas, to any member of MasterCard). The Employer Customer shall be fully liable for all cash advances effected as a result of the unauthorised use of any such number. In respect of all other transactions debited to any Card Account as a result of the unauthorised use of a Card ("Non-cash Transactions") until notification of its loss, theft or disclosure has been received by the Bank or by a member of MasterCardBank, except in the circumstances described below, the maximum liability for Non-cash Transactions shall be the assigned credit limit of the Card Account for the EmployerCustomer. The Employer Customer shall be fully liable for all Non-cash Transactions, without limit, if the Employer Customer and/or the Cardholder has acted fraudulently or with gross negligence in using or safeguarding the Card or has knowingly (whether voluntarily or otherwise) provided that Card or let the Card be taken by a third party or has knowingly (whether voluntarily or otherwise) provided the device where the Mobile Card is stored, or Mobile Wallet or Mobile Device to a third party, or let such device or security details be taken by a third party or has failed to make a report in accordance with this Clause as soon as reasonably practicable upon discovery of loss or theft. Failure to follow any measures to safeguard the Card (and in the case of Corporate Cards, such PIN number) or with regard to the usage thereof as recommended by the Bank in any communication to the Employer Customer and/or the Cardholder from time to time may be treated as gross negligence for the above purpose. 9.3 The Bank shall be under no obligation to issue a replacement Card to the Cardholder following its loss or theft. Any replacement Card will be subject to a handling fee as set out in the Bank's An easy guide to commercial tariffs, and may be amended from time to time. 9.4 The Bank shall have no liability for any loss suffered by the Customer arising from or in connection with the use, functionality, or availability of any Mobile Wallet, including without limitation any operational or other issues associated with the Mobile Wallet or the relevant provider of the Mobile Wallet (a and agrees that any Mobile Wallet is provided by the Mobile Wallet Provider and not the Bank. Any terms and conditions that a Cardholder or Customer agrees to with the Mobile Wallet Provider will not bind the Bank or change or override any of these terms and conditions.

LIABILITY FOR TRANSACTIONS. 9.1 Notwithstanding any other provisions of this Agreement15.1. All Transactions including but not limited to Internet transactions, transactions via the Employer Mobile Application and cash withdrawals using the Card shall (without prejudice be deemed to the Bank's rights against the Cardholder) be wholly liable to the Bank for the value of all Card Transactions effected have been made by the Cardholder and Merchantrade shall not be liable for acting in good faith for honouring the said transactions. The Cardholder agrees that he or she shall be solely and fully responsible and liable for all Transactions effected by the use of the Card and/or the Card PIN and/or OTP and/ or the Card information whether with or without his or her knowledge, acquiescence or authority. The Cardholder agrees that Merchantrade shall not under any circumstances whatsoever be responsible or liable for all Transactions effected by the use of the Card and/or the Card PIN and/or OTP and/or the Card information. The Cardholder shall indemnify and keep Merchantrade fully indemnified against and from all direct or indirect consequential losses, damages, claims, demands, actions, proceedings, costs and expenses (including legal fees and other disbursements) suffered by Merchantrade including claims, actions and proceedings from any third parties howsoever arising from such unauthorised use. 15.2. Except as otherwise expressly stated in these terms and conditions and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), Merchantrade shall in no event be liable whether voluntarily in contract, tort (including negligence), strict liability or otherwise) any other basis for any loss of profits, loss of business, loss of use, loss of goodwill, loss of savings, loss of opportunity, business interruption or other consequential, special, incidental, indirect, exemplary or punitive damages incurred or suffered by the Cardholder or any other person as well as all amounts properly debited to a consequence of accessing or using the Card and/or the Services. Specifically, for the E-Statement and any information regarding the Card Account made available by Merchantrade, this includes (wherever effected and whether but is not limited to) loss or not damage arising from: (ai) that transaction has been undertaken for Any inaccuracies, or errors in any data or information in the business purposes E-Statements or otherwise provided or made available by Merchantrade regarding the Card Account. (ii) The failure to view, save, print or download the E-Statements or such other information due to limitations or any failure of the Employer or (b) that transaction may have arisen as a result of actions of the Cardholder without the Employer's authority or (c) authorisation has been obtained from the Bank in respect of that transaction or (d) the Card has been used in breach of any other terms contained herein or the Conditions of Use or (e) the Employer's Programme credit limit may be exceeded) as well as all fees, interest and charges payable under this Agreement. This liability shall include any transactions undertaken after the cancellation of a Card, subject however to the terms of this Clauserelevant service. 9.2 The Card is the property of the Bank and is not transferable. The loss or theft of any Card, or (in the case of Corporate Cardsiii) the loss, theft or disclosure to a third party of any number used in relation to any cash advance or ATM function or facility incorporated in a Corporate Card, should be reported immediately upon discovery of loss, theft or disclosure (to the Bank's Card Centre in the Hong Kong SAR – tel: ▇▇▇▇ ▇▇▇▇ – or, if overseas, to any member of MasterCard). The Employer shall be fully liable for all cash advances effected as a result of the Any unauthorised use of the E-Statement service or such applicable service on any such number. In respect of all these Services by any person, virus, Trojan Horse, worm, macro or other transactions debited to any Card Account as a result of the unauthorised use of a Card ("Non-cash Transactions") until notification of its loss, theft harmful components or disclosure has been received by the Bank deleterious programs or by a member of MasterCard, except in the circumstances described below, the maximum liability for Non-cash Transactions shall be the assigned credit limit of the Card Account for the Employer. The Employer shall be fully liable for all Non-cash Transactions, without limit, if the Employer and/or the Cardholder has acted fraudulently or with gross negligence in using or safeguarding the Card or has knowingly (whether voluntarily or otherwise) provided that Card or let the Card be taken by a third party or has failed to make a report in accordance with this Clause as soon as reasonably practicable upon discovery of loss or theft. Failure to follow any measures to safeguard the Card (and in the case of Corporate Cards, such PIN number) or with regard to the usage thereof as recommended by the Bank in any communication to the Employer and/or the Cardholder from time to time may be treated as gross negligence for the above purposefiles. 9.3 The Bank shall be under no obligation to issue a replacement Card to the Cardholder following its loss or theft. Any replacement Card will be subject to a handling fee as set out in the Bank's An easy guide to commercial tariffs, and may be amended from time to time.