Maestro Global Rules (PDF) - MasterCard

Liabilities and Indemnification
13.12 Indemnity and Limitation of Liability
The Corporation does not represent or warrant that the Interchange System or
any other system, process or activity administered, operated, controlled or
provided by or on behalf of the Corporation (collectively, for purposes of this
section, the “Systems”) is free of defect and/or mistake and, unless otherwise
specifically stated in the Standards or in a writing executed by and between
the Corporation and a Customer, the Systems are provided on an “as-is” basis
and without any express or implied warranty of any type, including, but not
limited to, the implied warranties of merchantability and fitness for a particular
purpose of non-infringement of third party intellectual property rights. IN NO
EVENT WILL THE CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS, OR ANY
OTHER COST OR EXPENSE INCURRED BY A CUSTOMER OR ANY THIRD PARTY
ARISING FROM OR RELATED TO USE OR RECEIPT OF THE SYSTEMS, WHETHER
IN AN ACTION IN CONTRACT OR IN TORT, AND EVEN IF THE CUSTOMER
OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. EACH CUSTOMER ASSUMES THE ENTIRE RISK OF USE OR RECEIPT
OF THE SYSTEMS.
Only in the event the limitation of liability set forth in the immediately
preceding paragraph is deemed by a court of competent jurisdiction to be
contrary to applicable law, the total liability, in aggregate, of the Corporation
to a Customer and anyone claiming by or through the Customer, for any and
all claims, losses, costs or damages, including attorneys’ fees and costs and
expert-witness fees and costs of any nature whatsoever or claims expenses
resulting from or in any way related to the Systems shall not exceed the total
compensation received by the Corporation from the Customer for the particular
use or receipt of the Systems during the twelve (12) months ending on the date
that the Corporation was advised by the Customer of the Systems concern or
the total amount of USD 250,000.00, whichever is less. It is intended that this
limitation apply to any and all liability or cause of action however alleged or
arising; to the fullest extent permitted by law; unless otherwise prohibited by
law; and notwithstanding any other provision of the Standards.
A payment or credit by the Corporation to or for the benefit of a Customer
that is not required to be made by the Standards will not be construed to be
a waiver or modification of any Standard by the Corporation. A failure or
delay by the Corporation to enforce any Standard or exercise any right of the
Corporation set forth in the Standards will not be construed to be a waiver or
modification of the Standard or of any of the Corporation’s rights therein.
NOTE
Additional regional rules on this topic appear in Chapter 18, “Latin America and
the Caribbean Region,” of this rulebook.
©1993–2012 MasterCard. Proprietary. All rights reserved.
13-6 9 November 2012 • Maestro Global Rules