Limits on our Responsibility. 16.1 We do not exclude or limit liability (i) if you are injured or die as a result of our negligence or that of our servants, agents or employees or (ii) for fraud or fraudulent misrepresentation. Nothing in this clause 16 shall exclude or restrict our liability in respect of any liability that we cannot exclude or restrict by law.
Limits on our Responsibility. We will always try to work with you to resolve any issues you may be having with the Card or Card Account. But we will not be responsible for any problems with any goods or services you purchase from a merchant using the Card or Cheques, even if you are unhappy with the quality of the goods or services, or if they are not what you expected. We’re also not responsible for any losses that happen from your use of the Card or Card Account, or because you provided someone else the Card Information. We will never be responsible for any damages (including damages that are legally referred to as “special, indirect, or consequential”), and any loss of profits and revenues:
Limits on our Responsibility. If we refuse to honor one of your Access Checks for any reason whatsoever, including, without limitation, electronic, telephonic or computer malfunction, we will not be legally responsible to you in any way. We will not be legally responsible if anyone refuses to accept an Access Check for any reason whatsoever, including, without limitation, electronic, telephonic or computer malfunction. Under the Act, if you have a problem with property or services purchased with a credit card (as defined in the Act), you may have the right to withhold payment from us or to use against us certain claims and defenses you have against a merchant honoring a credit card (as defined in the Act). Your rights under the Act are explained in the last paragraph of the billing error rights notice that follows this Agreement. This Agreement does not affect your rights under the Act. However, if the Act does not give you the right to withholder payment from us or to use a particular claim or defense against us in connection with property or services purchased with an Access Check, you agree not to withhold payment or to use the claim or defense and that we are not responsible for the property or services. You also agree that we may make any adjustments or refunds by crediting your Account.
Limits on our Responsibility. We will not be responsible for any type of losses or problems resulting from your participation in the reward program. We choose all of our reward suppliers based on their reputation and commitment to provide quality service, and if there’s a problem with any reward you receive, we’ll do our best to replace it with another item of equal value, or to credit the points and amount charged back to your Card Account. However, we do not accept responsibility for the failure of any supplier to provide a reward. If any third party makes a claim against us that relates to rewards received by the third party as a result of a redemption of points requested by you, you agree to reimburse us for any losses that we incur as a result (directly or indirectly). This section will continue to apply even after you are no longer participating in the reward program.
Limits on our Responsibility
