14 - Our Liability
14.1 Subject to Rule 14.2:
14.1.1 Our total aggregate liability in respect of each Contract Account under or in connection with the Scheme and these Rules including but not limited to our liability in contract, tort (including negligence), misrepresentation, restitution, and statutory liability shall be limited to the value of any Retention that we may hold from time to time in the Contract Account in respect of which our liability arises; and
14.1.2 we shall have no liability to any party for any indirect or consequential loss arising out of or in connection with our administration of the Scheme and these Rules.
14.2 Nothing in these Rules shall limit any party’s liability for fraud or wilful default or any other liability that may not be limited by law.
14.3 We may delay or refuse to carry out any transaction we are required to effect under these Rules until such time that we are satisfied that such transaction complies with the Compliance Requirements and all applicable money laundering and other laws and our own anti-money laundering policies. We will not be liable or responsible for any failure to take, or any delay in taking, any action which in our judgment may:
14.3.1 Be contrary to any provision of these Rules or any court order or any money laundering or other laws and regulations, the Compliance Requirements, or any of our own anti-money laundering or other risk management policies; or
14.3.2 Expose us to any liabilities or expense against which we have not been indemnified to our satisfaction.
14.4 We have measures in place to prevent fraud, money laundering and terrorist activity. We must also respect any restrictions imposed by the UK Government or by the international community on providing payment and other banking services to individuals or entities currently included in any relevant sanctions or embargo list. This may involve us investigating or intercepting payments into and out of your Contract Account.
14.5 We may also need to investigate the source of the funds or the intended payee. This may delay carrying out your instructions or how quickly you receive cleared funds. Where possible, we will tell you the reasons for and the likely length of any delay. If we are not satisfied that a payment into or out of your Contract Account meets the Compliance Requirements, we may refuse to process it.
14.6 Our responsibilities under these Rules are administrative only.
14.7 In the administration of the Scheme, we will only have those duties, obligations and responsibilities expressly set out in these Rules and we will have no implied duties, obligations or responsibilities. In particular, we will not be bound by the terms of the Contract or any other arrangement or understanding between the parties.
14.8 We will not be treated as having any actual, constructive or implied knowledge of any of the terms of the Contract to which any Contract Account relates, or any other arrangement or understanding between the parties.