Common use of Liability to You Clause in Contracts

Liability to You. 15.1 If something which We are not reasonably able to control, including but not limited to defects relating to the Cashplus Credit Card, stops or delays Us from doing something We are supposed to do under this agreement, We will not be responsible for any loss which You may suffer. 15.2 Subject to clause 15.3 below, if You are affected by something which is Our fault (including the inability to use Your Cashplus Credit Card due to necessary operational maintenance), We will only be responsible for the loss You suffer as a direct result up to a maximum of the balance on Your Account, subject to this not exceeding £10,000 and not for any other loss (for example, loss of reputation). 15.3 Where You use Your Cashplus Credit Card to purchase goods or services which prove to be unsatisfactory, not supplied, supplied only in part or do not match the merchant's description, then You will be able to pursue a claim against Us (APS) as well as the merchant as set out in or equivalent to section 75 of the Consumer Credit ▇▇▇ ▇▇▇▇ (CCA) if the cash price of the individual item or service is more than £100 but not more than £30,000 i.e. you shall be treated by APS as if section 75 CCA applies to this agreement, whether or not section 75 CCA does apply to this agreement. Please note that this right does not apply to cash withdrawals, money transfers or purchases made through third party payment systems with whom You have registered Your card (e.g. PayPal). 15.4 We accept no responsibility or liability for a merchant refusing to accept Your Cashplus Credit Card or failing to cancel an authorisation. 15.5 Pursuant to clause 4.11, We may vary the Credit Limit at any time and shall not be liable to You for any losses You may suffer as a result of Us varying the Credit Limit in this way. 15.6 With respect to funds in Your Account, You should note that: (a) the Financial Services Compensation Scheme will not be applicable and no other compensation schemes exist to cover losses claimed in connection with this Cashplus Credit Card. In the unlikely event that AFL becomes insolvent Your funds may become valueless and unusable and as a result You may lose Your money; and (b) such funds will be held in a separate Account with Royal Bank of Scotland, ▇-▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇.