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III�k�lltlllll The Warranty and Limitation of Liability provisions of these Service Terms and the Account Documentation as applicable to the services provided under these Service Terms are subject to the following and only apply to the eMent permitted by law: "Notwithstanding anything in this Agreement, consumers may have the benefit of certain rights and remedies pursuant to the Trade Practices Act 1974 (Cth) and similar state laws in Australia in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limited, at the Bank's option, in the case of goods to either (a) replacement of the goods; or (b) correction of defects in the goods; and in the case of services to either (a) re- supply of the services; or (b) the cost of re- supply of the services." New Zealand If the Customer is acquiring software in New Zealand, the Customer confirms it is acquiring the software for the purposes of a business (as that term is defined in the Consumer Guarantees Act 1993), and that the Consumer Guarantees Act does not apply to the software. Miscellaneous. The following provision shall apply if, despite the terms of these Service Tenns and the Account Documentation as applicable to the services provided under these Service Terms, the proper law of these Service Terms is the law in force in an Australian jurisdiction: The Limitation of Liability and Warranty provisions of these Service Terms and the Account Documentation as applicable to the services provided under these Service Terms are subject to the following and only apply to the eMent permitted by law: "Notwithstanding anything in these Service Terms and the Account Documentation as applicable to the services provided under these Service Terms, a customer may have the benefit of certain rights and remedies pursuant to the Trade Practices Act (Cth) and similar state laws in Australia in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limted, at the Bank's option to (a) re- supply of the Service; or (b) the cost of re- supply of the Service." B. Cambodia —See further Paragraphs L and M herein. C. Peoples Republic of China —See further Paragraphs L and M herein. The Customer agrees that: (i) the Bank shall be liable only for direct damages that are the result of its failure to exercise ordinary care or its willful misconduct; and to the maximum eMent permitted by law, (ii) the Bank shall not be liable for incidental, indirect, special or consequential damages, regardless of the form of action and even if the Bank has been advised of the possibility of such damages. Nothing in these general terms shall limit any party's liabilty for death or personal injury caused by negligence of that party or its employees or for fraud. Notwithstanding any other provision to the contrary, where an overdraft condition may exist, to the extent permitted by law (including the law where the Customer is incorporated), the Bank may debit the Customer Account even though the debit may bring about or increase an overdraft. If any debit to the Customer Account brings about or increases an overdraft, such overdraft shall be immediately due and payable, to the eMent permitted by law (including the law where the Customer is incorporated), without further notice or demand. The Customer represents that prior to submitting any document that designates the persons authorized to act on the Customer's behalf, including, but not limited to a security administrator designation form, the Customer shall obtain from each individual referred to in such document all necessary consents to enable the Bank to process the data set out therein for the purposes of providing the Service. Laws, Rules, Regulations and Practices: The Customer agrees to abide by and comply with all laws, rules and regulations (whether or not having the force of law, including without limitation rules from time to time made by the People's Bank of China and all determinations made thereunder) from time to time applying or relating to any or all of the Accounts and /or deposits the Customer may place with or through the Bank. The Bank has the right, without prior notice to the Customer (or upon notice if a prior notice is required by law), to do such acts, deeds and things and adopt such practices as the Bank may in its absolute discretion consider necessary or appropriate to ensure due compliance with or implementation of any or all of such laws, rules and regulations, notwithstanding any contrary provisions of the Account Terms and the Account Application forms. The Customer further agrees to abide by and comply with such practices(s) as the Bank may from time to time in its absolute discretion adopt in connection with such compliance or implementation. D. Hong Kong —See further Paragraph L herein. Nothing in these Service Terms shall limit any party's liability for death or personal injury caused by negligence of that party or its employees or for fraud. Any contractual limitation of liability shall be modified so that such provision shall be applicable to the services provided hereunder to the maximum extent permitted by law. The Customer represents that prior to submitting any document that designates the persons authorized to act on the Customer's behalf, including but not limited to a security administrator designation form, the Customer shall obtain from each individual referred to in such document all necessary consents to enable the Bank to process the data set out therein for the purposes of providing the Service. E. India —See further Paragraphs L and M herein. PN: 350914 DOC ID: 4 Page 37 oj'SI