55A - RESO - DEPOSITORY SRVS - Laserfiche WebLink

Home Browse Search

The Warranty and Limitation o/ Liability provisions m these Service Terms and the Account Documentation awapplicable tv/h* services provided under these Service Terms are subpect to the following and only apply to the extent permitted by law Notwithstanding this Agreement, consumers may have tire benefit °fcertain rights arid remedies pursuant #a the 'Trade Practices Act 1o/4(cm) and similar stale laws in, Australia io respect of which liability may not h* excluded If so, thert to the maximum wm*otpe,mNmd by mw, such liability is limited, at the Bank's option, in tire case of goods to either bV replacement of the goods� or (b> correction of defects in the goods: and in the case of services to either lad re-supply of the services; or lb} the cost of re-supply n[ the oomiowx," 2 New Zealand V the C is acquiring software N New Zealand, the Customer c*oWm"«kis acquiring the software for the purposes n|a business (as that term is defined in the Consumer Guarantees Act 1993), and that the Consumer Guarantees Act does not apply ,o the software Miscellaneous. The following provision shall apply if, despite the terms of there Service Terms and the Account Documentation as applicable to the services provided under these Service Terms, the proper law ,[ these Service Terms is the law )o force |nuo Australian jurnuhidiron: The Limitation W Liability provisions o/ these Service Tamo and the Account Documentation ns applicable mthe services provided under these Service Terms are subirart to the following arid only apply to the extent permitted by low, '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 call rights arid remedies pursuant to the Trade Prartfices Act (Gin) 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 firnited, at the Bank's option to (a) re-supply of the Service� or (b) the cost of re-supply of the Service " B, Crunbodur — See former Paragraphs 1, and M hetern. C Peoples Republic of China — See further Paragraphs L and M herein The Customer agrees that. {i/ the Bank shall m,|iableonly for direct damages that are the result v| its failure to exercise ordinary care m its wiNo|miroondom; and m the maximum extent permitted by law, (i the not moliable for incidental, indirect, special "r consequential damages, regardless of the form of action and even if the Bank ties heart advised of the possibility of such damages Nothing |o these general terms shall limit any parry's lialsility for death or personal injury caused by negligence of that party W its enriployeres or for fraud Notwithstanding any other provision to the contrary, where an overdraft condition may exist, to the extent founnuted by law (including the law where the Customer w.op pe4}thw8mmkmayd"bit tire Cugvm*r Account even though the debit may bring hvv increase an overdraft o| any debit to the Customer Account brings about or increases an overdraft, such: overdraft shall ue immediately due and payable, to the extent permitted by law (including the law where the Customer is incorporated), without further notice or demand The Customer represents mm prior mwl:m&ng any document man designates the persons autionzed m act on the Customer's behaV. |no|o*ng, but not limited x/a security administrator resignation form, the Customer shall obtain from each individual referred mmsuch document all necessary consents to enable the Bank to process the data set out theneirt for the purposes of providing the Service Rules, not having the force of law, including without inination rules from firoe to time made by the People's Bank of China and all deenminabutis made thereunder) from time to time appillyring or relating to any or all of tire Accounts andlor deposits the Customer may place with or through Vie Bank The Bank has the vighl, without pilot noses, to the C usiomer (or upon notice, it a pror notice is required by law), to do such acts, deeds and things and adopt such practices as the Bank may in its absolute dirscrabon consider nernessiry at appropriate to ensure due compliance with or implementation of any of 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 arid comply with such prairrifices(s) as the Bank may from time to time in its absoline discretion adopt in connection with such compliance or implementation D Hong Kong — See twiner Paragraph L herein. Nothing in these Service Terms kall hirril any party's |iabil injury caused hy negligence of that party u/19 employees or for fraud, Any cormactual limitation of rablidy shall be modified so that mich provision shall be applicable to the services provided hereunder to the maximum extent permitted by law The Customer represents that prior that designates the persons authorized w act art the Customer's behalf, including but not limited ma security administrator uonignamvform, the Customer shall obtain from each indivd"m| referred uoinsuch document all accessory consents to enable the Bank to process the data set out therein far the purposes of providing the Service E India ~ See further Paragraphs L and mherein �� �� Um�K