LIMITATION OF OUR LIABILITY Clause Samples

LIMITATION OF OUR LIABILITY. We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

LIMITATION OF OUR LIABILITY. Subject to clause 13.2: (a) Our total aggregate liability and the liability of Our employees, agents and contractors, to the Sponsor and any Relevant Person, for breach of this Agreement, for negligence or other tort and any other cause of action, will not exceed a sum being the equivalent of the total monetary value of the Sponsorship Contribution. (b) The word “liability" (in the phrase “total aggregate liability” in paragraph (a)) means liability however arising in contract, in tort or in equity and whether the conduct giving rise to such liability was wilful, negligent or otherwise, whether such liability arose in Tasmania, or in any other jurisdiction, and for any loss (including personal injury), damage or expense (including legal costs and disbursements). (c) Where Our liability arises in connection with the supply of services under statute (including but not limited to the Competition and Consumer Act 2010 (Cth)), then to the extent permissible by law, Our liability is limited (at Our option), in aggregate, to supplying those services or the Sponsorship Benefits again, or the cost of supplying those services or the Sponsorship Benefits again.

LIMITATION OF OUR LIABILITY a. Nothing in this Agreement shall limit or exclude any liability (and no limitation or exclusion of liability shall apply to any liability) of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant to accept a Card, the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) failure to carry out our obligations under this Agreement if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control; and iv) defects or faults in relation to ATMs. c. Subject to (a) above, we will not be responsible or liable to you or Your Company or any third party under any circumstances for any: i) loss of profit, interest, goodwill, business opportunity, business, revenue or anticipated savings; ii) losses related to damage to the reputation of you or any member of Your Company; or iii) any indirect, special, punitive or consequential losses or damages, even if such losses were foreseeable and notwithstanding that a party had been advised of the possibility that such losses were in the contemplation of the other party or any third party.

LIMITATION OF OUR LIABILITY. Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires. Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise. a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. b) In connection with your cruise, Company shall not be liable for any tours, activities, products or services, other than aboard Company’s vessels and tenders, provided in c...

LIMITATION OF OUR LIABILITY. We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.

LIMITATION OF OUR LIABILITY. We are not the provider of the Digital Wallet, and we are not responsible for providing the Digital Wallet service to you or for ensuring that your Card is compatible with any Digital Wallet service. We are not affiliated with any Digital Wallet Provider, and we do not endorse any Digital Wallet Provider. We do not make any representation or warranty of any kind regarding the performance or operation of your Compatible Device or the Digital Wallet. Some Digital Wallets may use your palm print, fingerprint, facial map or any other biometric data to recognize you, authenticate your identity, or authorize your transactions, and you understand we do not provide any such technology or services and have no obligation regarding the security of such technology or services. By using such technology or services with a Digital Wallet to conduct any transaction, you are authorizing a transaction on your Card. We are only responsible for supplying information to the Digital Wallet provider to allow usage of your Card in the Digital Wallet as you have requested. In no event are we responsible for: (i) any failure of the Digital Wallet, any mobile device you use with the Digital Wallet, or the inability to use the Digital Wallet for any transaction or (ii) how the Digital Wallet Provider performs its services or any other third parties regarding any agreement you enter into with the Digital Wallet Provider or other third party. We do not control the privacy and security of any of your information that may be held by the Digital Wallet Provider. Any information held by the Digital Wallet Provider is governed by the Digital Wallet Provider’s privacy policy TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES, CLAIMS, EXPENSES OR DAMAGES RESULTING FROM YOUR USE OF A DIGITAL WALLET, YOUR USE OF THE CARD OR VIRTUAL CARD IN CONNECTION WITH A DIGITAL WALLET, OR A MOBILE DEVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF A CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE AND THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK.

LIMITATION OF OUR LIABILITY a. Nothing in this Agreement shall limit or exclude any liability of any party: i) for death or personal injury caused by the negligence of a party or its employees, agents or subcontractors; ii) for any fraud or fraudulent misrepresentation; and iii) to the extent such limitation or exclusion is not permitted by applicable law. b. Subject to Section A, clause 23(a) above, we will not be responsible or liable to You or any third party for any loss or damage arising, whether in contract, tort (including negligence) or otherwise in relation to: i) delay or failure by a Merchant, a Travel Booking Provider or a Travel Service Provider to accept a Card, the imposition by a Merchant or by the Travel Booking Provider or a Travel Service Provider of conditions on the use of the Card or the manner of a Merchant’s or of the Travel Booking Provider’s or a Travel Service Provider’s acceptance or non-acceptance of the Card; ii) goods and/or services purchased with the Card or their delivery or non-delivery; iii) Travel Arrangements charged to a Business Travel Account/ Travel Manager Lodge Account, including any dispute with the Travel Booking Provider or a Travel Service Provider about Travel Arrangements or any failure to provide them; iv) failure to carry out our obligations under this Agreement (or the Cardmember Terms for the Corporate Card Programme) if that failure is caused by a third party or because of an event outside our reasonable control, including but not limited to, a systems failure, data processing failure, industrial dispute or other action outside our control or where contravention of our obligations is due to our obligations under provisions of European Union or national law;

LIMITATION OF OUR LIABILITY. (a) Our total aggregate liability and the liability of Our employees, agents and contractors, for breach of this Agreement, for negligence or other tort and any other cause of action will not exceed a sum being the equivalent of the total of the Exhibition Fees.

LIMITATION OF OUR LIABILITY. We are not responsible or liable to you, any supplementary cardmember or the company for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you, any supplementary cardmember or the company for any malfunction or failure of the card or refusal by a merchant to accept the card.