9.1. The Bank will not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the Interactive Banking Services.
9.2. The Subscriber acknowledges that the Bank is not liable to the Subscriber for failure to provide any or all of the facilities available under the Interactive Banking Services where such failure is attributable, either wholly or partly, to reasons beyond the Bank's control, including any technical malfunction or breakdown.
9.3. The Subscriber hereby, irrevocably and unconditionally without limitation, accepts all authorized debits arising from the use of the Interactive Banking Services and waives any right of objection in relation thereto.
9.4. The Bank's record of any transaction processed by the use of the Interactive Banking Services shall be conclusive evidence of such transaction and binding on the Subscriber for all purposes.
9.5. The Subscriber acknowledges that any printouts, statements, information contained in any voice recorded format, files or other document formats in which any information or transactions pertaining to the Account or any other banking product have been downloaded or copied shall not be used in any dealings with third parties in whatsoever manner and the Subscriber agrees to indemnify the Bank against all loss or damage which may occur as a result of any violation of this Clause.
9.6. The Bank shall not be responsible for any erroneous payments to utility companies or credit card institutions arising out of any inaccurate information provided by the Subscriber as part of processing the relevant transaction. The Subscriber further confirms and agrees to waive any right which the Subscriber may otherwise have for holding the Bank responsible for any mistake or omission caused by the use of the Digital Banking Service and any delay by the Bank due to reasons beyond its control in onward transmission of the funds to any utility company or credit card institution which may result in disruption of the relevant utility service or the processing of the relevant credit card transaction.
9.7. The Subscriber also understands that in the event of part payment of any utility bill, the relevant utility company may use its power to discontinue the utility service(s) in which event the Bank and the relevant utility company will not be responsible therefore in any way.
9.8. The Subscriber agrees to fully indemnify the Bank against all costs and expenses (including legal fees) arising in any way in connection with his/her/their account, these Terms and Conditions and in recovering any amounts due to the Bank or incurred by the Bank in any legal proceedings of whatever nature.
9.9. The Subscriber is aware and accepts the risks involved in communicating or corresponding via Devices, including but not limited to communication or transmission of information/documents via email, online upload, electronic transfer or any other mode of electronic communication or transmission which may be subject to, but are not limited to errors in transmission, technical defect, power failure, fraud, misunderstanding, unauthorized access and/or interception by third parties impersonating email addresses and instructions being addressed to the wrong recipients and thereby becoming known to third parties.
9.10. The Subscriber undertakes to indemnify the Bank against all loss, damage, cost, expense (including legal expenses), liability or proceedings which it may occur or suffer (direct or indirect) as a result of the use of Electronic Transmission which includes but not limited to;
- the instructions received from the Subscriber though the Device believed by the Bank to be issued by or originated from the Subscriber if such instructions purport to be issued by or are believed by the Bank to be received from persons authorized to operate upon the accounts as per the mandate given to the Bank, in each case whether or not such instructions are genuine and/or authorized or received from any such individual.
- any damage to any other person for loss or damage directly or indirectly caused by the Bank whilst acting upon or refraining from acting upon an instructions received from the Subscriber including construing or processing such instruction in error, duplication of transaction/instructions through inadvertence or oversight, negligently or through misinterpretation.
9.11. The Bank reserves the right to decline to act upon instructions given by the Subscriber and inform the Subscriber at the Banks own discretion.