The Bank’s liability. 5.6.1. The Bank undertakes to make every effort to ensure the Alternative Networks’ good operation and to ensure and safeguard the secure supply of the Services hereunder, especially the Customer’s safe access to the Network, the prevention, as far as possible, of any unlawful use of the Network by unauthorized third parties, and the observance of confidentiality with respect to Customer- related data (subject to the provisions of term 5.1 hereof). However, the Bank shall in no way be liable in the event that the secure use of the Network or the confidentiality of Customer’s data is violated despite the exercise of due diligence on the Bank’s part.
The Bank’s liability for non-execution or incorrect execution or incorrect or late execution of payment operations - general The Bank, at the request of and at no cost for the Customer, shall make immediate efforts, regardless of its liability, as laid down under clauses 6.6 and 6.7 above, to identify and monitor the payment operation, and to notify the Customer of the outcome, in the event of a payment operation not executed or incorrectly executed. The Bank is liable to the Customer for all the losses caused, including for all the commissions for which it is responsible and for any interest applied to the Customer, as a result of the non-execution or incorrect execution, including with delay, of the payment operation, due to causes imputable to the Bank.
The Bank’s liability. If we do not complete a transfer to or from your account on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
The Bank’s liability. If the Bank does not complete a transfer of funds to or from a Card on time or in the correct amount in accordance with this Agreement, we will be liable for resulting actual damages—but not indirect, incidental, special, consequential, punitive, or exemplary damages. The Bank will have no liability under the following circumstances: • If, through no fault of the Bank, the Card User does not have enough funds available on the Card to make the transfer; • If the ATM where the Card User is attempting to make a withdrawal does not have enough cash; • If any terminal or system is not working properly and the Card User knew of the defect when starting the transfer; • If we are prohibited by law from completing the transfer; • If circumstances beyond the Bank’s control (such as fire or flood) prevent the Card transaction, despite reasonable precautions that the Bank has taken; • If withdrawals from the Account have been prohibited by a court order such as a garnishment or other legal process; • If the Card User(s) have exceeded the limits on frequency of transfers, dollar amount of transfers, or balance amounts; • If a merchant, financial institution, person-to-person payment service, or other party refuses to make a transfer or accept a transfer from the Card; • If we have reason to believe that the transfer has not been properly authorized or is fraudulent; or • If the Bank’s failure to complete a transfer is unintentional and results from a bona fide error, notwithstanding the Bank’s procedures to avoid such error. There may be other exceptions to liability stated in this Agreement or otherwise provided by law.
The Bank’s liability. The Bank will not be responsible for any costs, damages, demands or expenses that we may incur due to The Bank’s acting or failing to act upon our Electronic Instructions, except for The Bank’s gross negligence or wilful misconduct where The Bank’s liability will be limited to the amount of the transaction. The Bank will not in any event be liable for any special, incidental, consequential or indirect damages or losses.
The Bank’s liability. 17.1 The Bank is not liable for the non-performance or defective performance of a payment order given by BUX. The Bank is not liable either for non-performance or defective performance of a payment order by the Bank, except where there is wilful misconduct or gross negligence on the part of the Bank.
The Bank’s liability. The Bank will not be responsible for any costs, damages, demands or expenses that the Customer may incur due to The Bank’s acting or failing to act upon the Customer’s Communications (except for The Bank’s gross negligence or wilful misconduct). In the event of The Bank’s gross negligence or wilful misconduct, The Bank’s liability will be limited to the amount involved in the Customer’s Communication. The Bank will not in any event be liable for any special, incidental, consequential or indirect damages, or for loss of profit.
The Bank’s liability. We may be liable to you for damages or loss you incur if we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you. However, we are not responsible or liable to you if a transaction originated by use of your Check Card or your ATM Card is refused by anyone for any reason. We are not responsible or liable to you if, through no fault of ours, you do not have enough money in your Designated Account to make a transfer you order or authorize from the account or if the transfer would go over your overdraft protection, if any, or transactions on your account are restricted by legal process or otherwise. If you attempt to conduct a transaction at an ATM, we are not responsible or liable to you if the machine does not have enough cash to complete your transaction or the terminal or system is not working properly and you know about the breakdown when you start the transaction. We are not responsible or liable to you if you attempt to use your Check Card or ATM Card during the period when our processing service is not available because of maintenance. Interest Compensation If we are obligated to pay you for loss of interest as a result of an error of ours or a delay in processing your payment order, we may pay interest at our savings account rate. Limitation of Liability for Circumstances Beyond Our Control We shall not be liable to you if we fail to credit, or delay credit for, a fund transfer to your account, or if we fail to transmit or delay transmission of your payment order because of circumstances beyond our reasonable control. Such circumstances include, but are not limited to, legal process, labor unrest, equipment or software failure, interruption of communication facilities, civil unrest or disturbance, natural catastrophe, or acts of government authority. We shall not be responsible to transmit a payment order, that, in our opinion, may violate any guideline, law, rule or regulation of any government authority, and we shall not be liable to you or anyone else for our refusal to do so. Our entire liability, and your sole remedy, for any failure or delay shall not exceed the lesser of your actual damages or the fees actually paid to us by you for our fund transfer service and associated account maintenance fees during the six (6) months preceding the date of the alleged failure or delay. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES. Limit...
The Bank’s liability. (a) The Bank will use all reasonable care to prevent access to the Locker by unauthorized person and protect the contents thereof from loss or damage. The Bank will not be concerned in any way to keep a record of the articles/ contents (whether or not the bank has actual knowledge of any contents of the Locker), or any articles removed therefrom or placed therein, and shall not be under any liability to insure the contents of the Locker against any risk whatsoever.
The Bank’s liability. The Bank shall not be liable unless the liability in question results from gross negligence or willful misconduct from the Bank’s acts or omissions. The Bank shall not be liable, for any damages or loss which result from the following instances:
