| LIABILITY |
| 32 |
TNGSB, its officers, employees, agents and/or its Related Corporations shall not be liable to you or any third party authorised by or claiming through you for any loss or damage, whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by you or any person authorised by you, or any loss, damage or injury caused to or suffered by a person or damage to property arising from or occasioned by :-
| |
i. |
the use or inability to use by you or any persons authorised by you, of the Services or any part thereof; |
| |
ii. |
any malfunction, unauthorised use, cloning of or defect in the Services/ Card or any part thereof for whatever reasons; |
| |
iii. |
any act, omission, error, default or delay by TNGSB, its officers, employees and agents and/or its Related Corporations in relation to the Services; |
| |
iv. |
in respect of any representation or implication that may arise as a result of:-
| |
i. |
any cancellation or refusal to renew the Card by TNGSB; |
| |
ii. |
any suspension or restriction imposed by TNGSB on the use of the Card; |
| |
iii. |
circulation of the particulars of Invalidated Cards to Service Providers; |
| |
iv. |
withdrawal of any benefits or privileges conferred on you under the Card, |
|
| |
v. |
arising from any act or omission of any Service Providers, howsoever caused; |
| |
vi. |
due to any retention of the Card and/or refusal by any Service Providers to honour the Card; |
| |
vii. |
in respect of any statement, representation or communication made by any Service Providers; |
| |
viii. |
as a result of defect or deficiency in goods purchased or services rendered by any Service Providers; or |
| |
ix. |
due to any act /omission beyond the reasonable control of TNGSB. |
|
| 33 |
Without limiting the generality of Clause 31, TNGSB, its officers, employees, agents and/or its Related Corporations shall not be liable to you or any third party authorised by or claiming through you for :-
| |
i. |
any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Services and any claims arising out of any act or omission on your part in relation to the Services or any part thereof; |
| |
ii. |
any loss or damage caused to you as a result of the suspension/termination of the Services and the interruption/loss of the Services or any part thereof from any cause; |
| |
iii. |
any loss, distortion or corruption of data arising from the use of the Services any unlawful or unauthorised access to your Card data; or |
| |
iv. |
interruption or unavailability of the Services as a result of including but not limited to software issues, equipment failure or congestion in the Related Corporations' network. |
|
| 34 |
Subject to and without prejudice to the foregoing, in the event TNGSB and/or its Related Corporations is liable to any party, under contract, tort or otherwise, for whatsoever reason however arising, TNGSB’s liability and/or its Related Corporations liability shall not under any event whatsoever exceed the Credit Value stored in the Card or the sum of RM 500.00, whichever is the lower. |
|
