Common use of Performance Limitation Clause in Contracts

Performance Limitation. The Credit Union will use reasonable efforts to provide reliable service in accordance with the Terms and Conditions and the service descriptions appearing on the Credit Union’s website from time to time. However, the Credit Union does not warrant that its operation of N.C.B Employees Co-operative Credit Union Limited Electronic Services will be error free, secure, timely or uninterrupted, or that it will meet all of your needs as a customer/member. Except as specifically provided in this Agreement, the Credit Union disclaims all warranties as to the N.C.B Employees Co-operative Credit Union Limited Electronic Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. The Credit union shall not be liable for the operational failure of the N.C.B Employees Co-operative Credit Union Limited Electronic Services, or of any participating ABM or Point-of-Sale Device or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by the Member or Cardholder in the use of the ABM or Point-of-Sale Devices or on or near premises housing same, or in the use of the N.C.B Employees Co-operative Credit Union Limited Electronic Services. The Credit Union shall not be liable for any unauthorized use of the Card or for any loss resulting from circumstances over which the Credit Union has no direct control including but not limited to the Cardholder's failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will the Credit Union be liable for damages in excess of a Member’s or Cardholder's actual loss due to the Member’s or Cardholder's failure to complete a transaction and the Bank will not be liable for any indirect, incidental or consequential damages. The Credit Union shall not be liable for the unavailability at any time of the N.C.B Employees Co- operative Credit Union Limited Electronic Services, whatever shall be the cause of such unavailability. Force Majeure -The Credit Union shall not be liable to you for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from any cause or causes beyond its reasonable control including but not limited to industrial disturbances such as labour disputes or strikes, acts of God such as floods, lightning, hurricane or earthquake; utility, communication or transportation delays or failures; casualty, war, acts of the public enemy, riots, insurrections; embargoes or blockages; actions, restrictions, regulations, or orders of any governmental agency or subdivision thereof, or delays caused by such agencies. System Security- the Credit Union will make reasonable efforts to ensure that the N.C.B Employees Co- Operative Credit Union Limited Electronic Services does not contain programming code or instructions or viruses intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programmes, data files or hardware. Such efforts constitute the Credit Union’s sole responsibility with regard to possible contamination, and all warranties, express or implied, in that regard are hereby disclaimed. By using the N.C.B Employees Co-operative Credit Union Electronic Services you acknowledge and agree that you are satisfied that the Credit Union has put in place commercially reasonable system security procedures for electronic services transactions identity verification, protecting against unauthorized access by third parties, and protection against undisclosed programmes or extraneous code or data that may be reasonably expected to damage data, software, systems or operations. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in furtherance of these procedures. The Credit Union will not be liable for any costs, damages or expenses which may be incurred by you in relation to or consequential upon the Services Agreement or by the Credit Union acting or failing to act on your instructions except where such costs, damages or expenses are solely due to the Credit Union’s gross negligence or wilful misconduct. Limitation of Remedies and Damages -The Credit Union’s entire liability and your exclusive remedy shall be as follows: For any claim concerning performance or non-performance by the Credit Union pursuant or in any way related to the subject matter of this Agreement, you shall be entitled to recover actual damages to the limits set forth in the following sub-paragraphs. The Credit Union’s liability for damages to you for any cause whatsoever and regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, shall be subject to the following limits. o If the Credit Union fails or delays in making payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. o If we make a payment or transfer in an erroneous amount which exceeds the amount indicated in your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, then unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, and we shall pay you such amount within sixty (60) days of determination of our liability in this regard. o If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated using the prevailing rate of interest offered on our savings account. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE CREDIT UNION BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. No action, regardless of form, arising out of any claimed breach of this Agreement or out of transactions under this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. The Credit Union agrees to make reasonable efforts to ensure full performance of the Credit Union’s Electronic Services. The Credit Union will be responsible for acting only on those instructions sent through the Credit Union Electronic Services, which are actually received. The Credit Union does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. The Credit Union is not responsible for any losses or delays in transmission of instructions arising out of the use of any browser software or other electronic transmission. The Credit Union is not responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment. Any information you receive from the Credit Union is believed to be reliable. However, it can only be provided on a best effort basis for your convenience and is not guaranteed. The Credit Union is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information unless due to the Credit Union's negligence. The Credit Union is not responsible for system disruptions of any kind including disruptions caused by any computer virus or related problems, or electricity failure.

Performance Limitation. The Credit Union NCB will use reasonable efforts to provide reliable service in accordance with the Terms and Conditions and the service descriptions appearing on the Credit Union’s NCB e-Link website from time to time. However, the Credit Union NCB does not warrant that its operation of N.C.B Employees CoNCB e-operative Credit Union Limited Electronic Services FINANCIAL SERVICES will be error free, secure, timely or uninterrupted, or that it will meet all of your needs as a customer/membercustomer needs. Except as specifically provided in this Agreement, the Credit Union NCB disclaims all warranties as to the N.C.B Employees Co-operative Credit Union Limited Electronic Services NCB e- FINANCIAL SERVICES including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. The Credit union Bank shall not be liable for the operational failure of the N.C.B Employees Coe-operative Credit Union Limited Electronic ServicesFINANCIAL SERVICES, or of any participating ABM or Point-of-Sale Device or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by the Member Customer or Cardholder in the use of the ABM or Point-of-Sale Devices or on or near premises housing same, or in the use of the N.C.B Employees Coe-operative Credit Union Limited Electronic ServicesFINANCIAL SERVICES. The Credit Union Bank shall not be liable for any unauthorized use of the Card or for any loss resulting from circumstances over which the Credit Union Bank has no direct control including but not limited to the Cardholder's failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will the Credit Union Bank be liable for damages in excess of a MemberCustomer’s or Cardholder's ’s actual loss due to the MemberCardholder’s or Cardholder's failure to complete a transaction and the Bank will not be liable for any indirect, incidental or consequential damages. The Credit Union Bank shall not be liable for the unavailability at any time of the N.C.B Employees Co- operative Credit Union Limited Electronic Servicese-FINANCIAL SERVICES, whatever shall be the cause of such unavailability. Force Majeure -The Credit Union The Bank shall not be liable to you responsible for any delay goods or failure to perform its obligations under this Agreement if such delay or failure arises from any cause or causes beyond its reasonable control including but not limited to industrial disturbances such as labour disputes or strikes, acts of God such as floods, lightning, hurricane or earthquake; utility, communication or transportation delays or failures; casualty, war, acts of services purchased by the public enemy, riots, insurrections; embargoes or blockages; actions, restrictions, regulations, or orders of any governmental agency or subdivision thereof, or delays caused by such agencies. System Security- the Credit Union will make reasonable efforts to ensure that the N.C.B Employees Co- Operative Credit Union Limited Electronic Services does not contain programming code or instructions or viruses intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programmes, data files or hardware. Such efforts constitute the Credit Union’s sole responsibility with regard to possible contamination, and all warranties, express or implied, in that regard are hereby disclaimed. By Cardholder using the N.C.B Employees Co-operative Credit Union Electronic Services you acknowledge Card and agree that you are satisfied that in all circumstances the Credit Union has put in place commercially reasonable system security procedures for electronic services transactions identity verification, protecting against unauthorized access by third parties, and protection against undisclosed programmes or extraneous code or data that may be reasonably expected to damage data, software, systems or operations. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in furtherance of these procedures. The Credit Union will not be liable for any costs, damages or expenses which may be incurred by you in relation to or consequential upon the Services Agreement or by the Credit Union acting or failing to act on your instructions except where such costs, damages or expenses are solely due to the Credit Union’s gross negligence or wilful misconduct. Limitation of Remedies and Damages -The Credit Union’s entire liability and your exclusive remedy shall be as follows: For any claim concerning performance or non-performance by the Credit Union pursuant or in any way related to the subject matter of this Agreement, you shall be entitled to recover actual damages to the limits set forth in the following sub-paragraphs. The Credit Union’s liability for damages to you for any cause whatsoever and regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, shall be subject to the following limits. o If the Credit Union fails or delays in making payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. o If we make a payment or transfer in an erroneous amount which exceeds the amount indicated in your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, then unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, and we shall pay you such amount within sixty (60) days of determination of our liability in this regard. o If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated Cardholder must honour all obligations entered into using the prevailing rate of interest offered on our savings account. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE CREDIT UNION BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. No action, regardless of form, arising out of any claimed breach of this Agreement or out of transactions under this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. The Credit Union agrees to make reasonable efforts to ensure full performance of the Credit Union’s Electronic Services. The Credit Union will be responsible for acting only on those instructions sent through the Credit Union Electronic Services, which are actually received. The Credit Union does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. The Credit Union is not responsible for any losses or delays in transmission of instructions arising out of the use of any browser software or other electronic transmission. The Credit Union is not responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment. Any information you receive from the Credit Union is believed to be reliable. However, it can only be provided on a best effort basis for your convenience and is not guaranteed. The Credit Union is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information unless due to the Credit Union's negligence. The Credit Union is not responsible for system disruptions of any kind including disruptions caused by any computer virus or related problems, or electricity failureCard.