Common use of EXCLUSIONS AND EXCEPTIONS Clause in Contracts

EXCLUSIONS AND EXCEPTIONS. 9.1 NON-ACCEPTANCE OF CARD We are not liable in any way: (a) should your Card(s) or PIN(s) be rejected by a Merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorized and/or unlawful access to, any machine, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock outs, fire, flood, shortage of material or labour, delay in deliveries from subcontractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) or any microchip or circuit or device in your Card(s); (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (g) any Electronic Service not being available due to system maintenance or breakdown/non-availability of any network; or (h) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not liable for anything done or omitted to be done except in the case of our gross negligence or willful default.

EXCLUSIONS AND EXCEPTIONS. 9.1 8.1 NON-ACCEPTANCE OF CARD We are not liable in any way: (a) should your Card(s) Card or PIN(s) PIN be rejected by a Merchant merchant or any terminal used to process Card Transactions card transactions or if we refuse for any reason to authorise any Card Transactioncard transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactionscard transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorized unauthorised and/or unlawful access to, any machine, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock outslockouts, fire, flood, shortage of material or labour, delay in deliveries from subcontractors sub- contractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) Card or any microchip or circuit or device in your Card(s)Card; (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (g) any Electronic Service not being available due to system maintenance or breakdown/non-non- availability of any network; or (h) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not liable for anything done or omitted to be done except in the case of our gross negligence or willful wilful default. 8.2 PROBLEMS WITH GOODS AND SERVICES We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card or Electronic Services nor are we responsible for any benefits, discounts or programmes of any merchant that we make available to you. Notwithstanding the non- delivery or non-performance or defects in any such goods and services, we shall be entitled to debit your Card Account or any other Account(s) you maintain with us the full amount pursuant to that Card Transaction. You will settle any dispute directly with the provider of the goods and services.

EXCLUSIONS AND EXCEPTIONS. 9.1 8.1 NON-ACCEPTANCE OF CARD We are not liable in any way: (a) : • should your Card(s) Card or PIN(s) PIN be rejected by a Merchant merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction; (b) ; • for any malfunction, defect or error in any terminal used to process Card Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) ; • for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorized unauthorised and/or unlawful access to, any machine, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock lock-outs, fire, flood, shortage of material or labour, delay in deliveries from subcontractors sub-contractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery; (d) forgery or; • for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) Card or any microchip or circuit or device in your Card(s); (e) Card; • for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) ; • if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant; (g) ; or • any Electronic Service not being available due to system maintenance or breakdown/non-availability nonavailability of any network; or (h) or • for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not liable for anything done or omitted to be done except in the case of our gross negligence or willful default.

EXCLUSIONS AND EXCEPTIONS. 9.1 8.1 NON-ACCEPTANCE OF CARD We are not liable in any way: (a) should your Card(s) Card or PIN(s) PIN be rejected by a Merchant merchant or any terminal used to process Card Transactions card transactions or if we refuse for any reason to authorise any Card Transactioncard transaction; (b) for any malfunction, defect or error in any terminal used to process Card Transactionscard transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons; (c) for any delay or inability on our part to perform any of our obligations under this Agreement or otherwise if such delay or inability arises from a failure of, or any unauthorized unauthorised and/or unlawful access to, any machine, data processing system, transmission link or arising from any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock lock-outs, fire, flood, shortage of material or labour, delay in deliveries from subcontractors sub-contractors or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgeryforgery or; (d) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) Card or any microchip or circuit or device in your Card(s)Card; (e) for our compliance with any instruction given or purported to be given by you relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; (f) if you are deprived of the use of any Electronic Services as a consequence of any action by us and/or any Participant;; or (g) any Electronic Service not being available due to system maintenance or breakdown/non-non availability of any network; or (h) for any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing. In any event, we are not liable for anything done or omitted to be done except in the case of our gross negligence or willful default.