Maestro Global Rules (PDF) - MasterCard

Liabilities and Indemnification
13.10 Manually-entered PAN—Asia/Pacific Region and United States Region Only
13.10 Manually-entered PAN—Asia/Pacific Region and
United States Region Only
NOTE
Regional rules on this topic appear in Chapter 15, “Asia/Pacific Region” and
Chapter 20, “United States Region,” of this rulebook.
13.11 Interchange System
13.11.1 Limitation of Liability
1. Except as provided under Rule 13.11.2 of this rulebook, the Corporation
will have no responsibility or liability for any loss, cost, damage, claim,
demand, cause of action, and expense, arising from any use or operation
of the Interchange System, or failure to operate or use the Interchange
System including, without limitation:
a. the cost of investigating the claim;
b. the cost of litigation and attorneys’ fees; or
c. any compensatory, punitive, special, incidental or consequential
damages, including loss of profits
2. Additionally, the Corporation will have no liability for any failure of the
Interchange System to operate or perform any function due to the following
reasons, without limitation;
a. downtime;
b. natural disaster, fire, strike, riot, act of God or other causes, whether or
not such causes are or may be within the Corporation’s reasonable
control or;
c. any law, regulation, judicial decision or formal or informal administrative
determination restricting or adversely affecting the ability of the
Corporation to operate the Interchange System in accordance with the
Rules. In this case, while the Corporation may cease operation, it will
cooperate in good faith to continue its operations by making those
modifications as may be reasonably required to comply with such law,
regulation, decision, or determination.
13.11.2 Exceptions to Limitation of Liability
The Corporation will indemnify and hold harmless each Customer, against
any liability, loss, cost, damage, claim, and expense, (including reasonable
attorney’s fees), that is directly attributable to the willful misconduct, intentional
tort, fraud, or gross negligence of the Corporation, its agents, or its employees.
©1993–2012 MasterCard. Proprietary. All rights reserved.
13-4 9 November 2012 • Maestro Global Rules