EXCLUSION OF LIABILITY OF I&M BANK

I&M Bank shall be under no liability whatsoever to the Cardholder in respect of all actions, claims, demands, proceedings, losses, damages, personal injury (including actual or perceived loss of reputation, defamation or the like), costs, charges and expenses whatsoever arising directly or indirectly out of:

(i) any use of the Card and/or PIN;

(ii) the refusal by any person or Merchant Establishments in honouring or accepting the Card;

(iii) any ATMs/ POS terminals that malfunctions or is otherwise out of order, and whether resulting in such terminal not accepting the Card and/or PIN or otherwise;

(iv) misuse or fraudulent use of the Card by any person including the Cardholder;

(v) any statement made by any person requesting to surrender/cancellation of the Card or any act performed by any person in conjunction thereto;

(vi) handing over of the Card by the Cardholder to a person other than the designated employees of I&M Bank at I&M Bank’s premises;

(vii) the exercise by I&M Bank of its right to demand and procure the surrender of the Card prior to the expiry date stated on its face, whether such demand and surrender is made and/ or procured by I&M Bank or by any other person or ATMs/POS terminals;

(viii) the exercise by I&M Bank of its right to terminate any Card;

(ix) the re-possession/ cancellation of the Card and/or request for its return;

(x) any mis-statement, mis-representation, error or omission in any details disclosed to/by I&M Bank;

(xi) decline of processing of the Card and/ or PIN due to such Card exceeding foreign exchange entitlements as prescribed by applicable law, rules or regulations in force from time to time or on I&M Bank becoming aware of the Cardholder exceeding entitlements,

(xii) In the event a demand or claim for settlement of outstanding dues/funds received in excess of the Funds from the Cardholder is made either by I&M Bank or any person acting on behalf of I&M Bank; (xiii) Communication sent by any means of communication including by facsimile machines, Internet, ATMs POS terminals, payment systems, or any other method over public and/or private lines that may not be encrypted, and which may involve the risk of possible unauthorized alteration and/or unauthorised use of communication, or (xiv) upon terminating, suspending, blocking or declining of the use of the card and/or access to the Funds, inter alia, when it becomes necessary to determine whether any person is rightfully entitled to receive the Funds/use the Card and/or for taking any other steps required by applicable law, rules and regulations or direction of any appropriate authority.