Disclaimer

Limit of Liability

Republic Bank Ltd (RBL) will make reasonable efforts to ensure full performance of the RepublicACH service. RBL will be responsible for acting only on those instructions sent through RepublicACH, which are actually received. RBL does not assume responsibility or liability for malfunctions for whatever reason in communications facilities not under its control that may affect the accuracy or timeliness of messages you send.

RBL is not responsible for any losses or delays in transmission of instructions arising out of the use of an Access Service Provider or caused by any browser software. RBL is not responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment.

In any event, RBL liability for loss shall be limited to general monetary damages not to exceed the total amount paid by the Company for the affected ACH service, within thirty (30) days of the Processing Date as performed by RBL under this Agreement.

Any information you receive from RBL is believed to be reliable. However, it can only be provided on a best effort basis for your convenience and is not guaranteed. RBL is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. RBL is not responsible for system disruptions or unavailability of the Services including but not limited to disruptions caused by any computer virus or related problems.

NEITHER RBL, NOR ANY OTHER INFORMATION PROVIDER, MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING ACH SOFTWARE OR SERVICES OR BROWSERS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.

RBL will not be liable to you for any loss or damage whatsoever or for any disclosure of information arising from a transaction made on your account(s) and you shall indemnify Republic Bank Limited fully for same, by the use of any of RepublicACH services where

  • you do not have adequate money in the account to complete the transaction.
  • you have failed to give complete, correct or current instructions for a transfer of funds or processing of payment;
  • you have not given the processing instructions within sufficient time for the receiver to be credited by the time the money is due;
  • you allege that you did not carry out the instruction and your password(s) was compromised;
  • withdrawals from specified accounts have been prohibited by court order;
  • RBL reasonably believes that the transaction may be contrary to legislation or rule of law.
  • any transaction is not processed due to bank holidays, however scheduled.

You agree to settle any dispute or difference arising out of this Agreement between yourself and RBL. If this is not successful, you agree that the dispute will be submitted to the Banking Ombudsman's Office of Trinidad and Tobago.

Indemnity

You agree to indemnify and hold harmless RBL, its associates, subsidiaries and affiliates and their officers, directors, employees and agents, all third party suppliers and their respective officers, directors, employees and agents, from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable attorney's fees and expenses and costs of investigation (collectively, "Damages") resulting from third party claims.