LEGAL DISCLAIMER

For the function of this clause First Capital Bank Limited, its employees, affiliates, shareholders consultants and agents shall be referred to as the ‘bank’ or ‘we’ or ‘us’ or ‘our’ and the customer as ‘you’ or ‘your’.

Although the bank has taken care to ensure that the content provided on our Internet Banking system is accurate and that you suffer no loss or damage as a result of you using it, the Internet Banking system is provided ‘as is’. We are not liable for any damages whatsoever relating to your use of the Internet Banking system.
This includes the information contained on the Internet Banking system or your inability to use the Internet Banking system including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly informed of the possibility of such loss or damage. While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.
Without deviating from the generality of the foregoing, we are not liable for:
a) any costs which you suffer as a result of a compromise of your login passwords;
b) any interruption, malfunction, downtime or other failure of the Internet Banking system, our banking system, third party system, data-bases or any component part thereof for whatever reason;
c) any loss which arises from your orders, investment decisions, purchases or disposal of goods and services, including financial instruments or currencies, from third parties based upon the information provided on the Internet Banking system;
d) any loss or damage with regard to your or any other data directly or indirectly caused by malfunction of our bank system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on the bank system or third party systems; programming defects; negligence on our part.
e) any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
f) any event over which the bank has no direct control.