Common use of Disclaimer and Limitation of Liability Clause in Contracts

Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts to provide the Mobile App, you acknowledge that the Mobile App may not be available for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Appears in 3 contracts

Samples: Licensing Agreement, Licensing Agreement, Licensing Agreement

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Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts to provide EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and assume all risks associated with the Mobile App, you acknowledge that acceptance of cards and the Mobile App may not be available for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsServices. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for lost profits, lost business, or any lossincidental, damage special, consequential, or expense punitive damages (whether or not arising out of circumstances known or foreseeable by us) you and/or your customers or any kind incurred or suffered by you arising from or third party suffers in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by usServices. We are not responsible liable for damages or losses wholly or partially caused by you and/or your employees or agents. Nor are we liable for any damages or losses you may sustain as a result of our exercise of post-default rights or remedies under this Agreement, provided we had a good-faith, reasonable basis to believe an Event of Default occurred. Our liability related to or arising out of this Agreement shall not exceed the fees paid to us for the biometric identity sensor technologyparticular Services in question for the calendar month preceding the date of our relevant act or omission. The parties acknowledge that the limitations in this Section are integral to the amount of fees we charge for the Services. Except as otherwise described in this Section, your exclusive remedy for any claim against us is termination of the Agreement. We do are not give in default under this Agreement or liable for any warrantydelay or loss in the performance, whether express failure to perform, or implied, interruption of any kind including any warranty of qualityServices resulting, accuracy directly or performanceindirectly, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses errors in data you or other destructive properties will parties provide to us, or any event beyond our reasonable control, including the Force Majeure Events defined below. If we defend a claim you bring against us and prevail, you shall reimburse us the costs we incurred, including but not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection limited to attorneys’ fees, and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile devicerelated expenses. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts 11.1 The product or service may be affected by various factors, including but not limited to provide your actions, third-party actions, communication network service quality, connection failure, network equipment or system maintenance, computer or communication or other system failure, power failure, strike, riot, fire, flood, storm, explosion, war, government action, judicial or administrative order, social environment, and other force majeure events. Except for the Mobile Appliability under applicable laws and regulations, you acknowledge that the Mobile App may are solely responsible for any losses arising from said events or circumstances. In any case, Xxxxxxx will not be available held liable for any loss or damage that could not have been reasonably foreseen. You are solely responsible for any outcomes arising from your use at all timesof the product or service in violation of applicable laws and regulations or this Agreement. 11.2 Quectel product or service and Quectel's employees will not be held liable, directly or indirectly, to users or third persons for any fault, inaccuracy, or error in the transmission or transfer of any information. 11.3 You agree that if the information provided by the product or service is used or distributed in any jurisdiction in violation of its laws or regulations or if it causes the product, service, or third-party agents to be subjected to any regulatory requirements of that jurisdiction, such use or distribution of the information should be prohibited. You further warrant that you are not subject to any local regulations that restrict or prohibit the use or distribution of the information provided by the product or service. 11.4 You understand and agree that you will be held liable for any third-party claims arising from your use of the product or service, any violation of this Agreement, or any actions taken under your account. If Quectel, its affiliates, employees, customers, and is subject partners are claimed against by a third party as a result of your actions, you will handle such claims and compensate Quectel and its affiliates for all losses and liabilities incurred. 11.5 When an enterprise user registers an account, it must use the company email as the registered email, which serves as the unique credential to (but without limitation to) interruptionaccess the platform. You are responsible for maintaining the confidentiality of your account, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We and we will not be liable for any failure economic losses or other legal liabilities arising from issues related to provide those services, in part or in full, due to any abnormal email registration and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contraryaccount security. 3.2 We are 11.6 To the extent permitted by applicable laws and regulations, Quectel shall not be liable for any lossindirect, damage punitive, special or expense of any kind incurred or suffered by you arising from or derived damages in connection with or arising from this Agreement. 11.7 Quectel hereby reminds you to comply with the laws of the People's Republic of China while using Quectel products or services. Please refrain from activities that may jeopardize network security or infringe upon others' reputation, privacy, intellectual property rights, or other legitimate rights and interests when using our products or services. Quectel will not be held liable for any violation or breach of contract resulting from your use of our products or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agentsservices. 3.3 Your use of the Mobile App is wholly at your own risk11.8 Quectel users upload, provide, and publish relevant information, including but not limited to username, company name, contact person and contact information, images and information from forums, communities and service markets on Quectel websites. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We Quectel users are not fully responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rightsinformation they provide in accordance with the law. 3.5 The Mobile App may provide a range of information. You acknowledge 11.9 Please note that third-party service providers, such information has not been investigatedas those in the Quectel service market, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection the services they provide to you through the Quectel service platform. Quectel does not assume any responsibility for third-party products or services. 11.10 In some cases, to facilitate your use of Quectel products or services, we may display reference code or software (If it is third-party open-source software, you must comply with the relevant use requirements). Based on the usage instructions provided on the corresponding display page, you may be allowed to download such software, and back-up of perform secondary development and other related operations. You understand and agree that Quectel owns the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission intellectual property rights of such computer viruses code, and you must clearly indicate the right holder when using the code. However, Quectel disclaims any responsibility for your use, work and any damage or destructive properties to your mobile deviceloss arising from the use of such code and software. 3.7 We make no representations 11.11 The following is considered a breach of contract: 11.11.1 Violating relevant laws and regulations when using the products or warranties services on Quectel platform; 11.11.2 Violating this Agreement or any supplementary agreements. 11.12 You must indemnify Quectel and/or its affiliates for any losses incurred due to, including but not limited to, your own direct economic losses, loss of goodwill, and indirect losses paid to third parties, such as to the accuracycompensation, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Banksettlement, attorney's fees and legal costs.

Appears in 1 contract

Samples: Service Agreement

Disclaimer and Limitation of Liability. 3.1 While we 9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. We make reasonable efforts no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to provide or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Mobile Appsite or services; and/or (4) any bugs, you acknowledge that viruses, trojan horses, or the Mobile App like which may be transmitted to or through the site by any third party. We will not be available responsible for use any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 9.2 Our responsibility for loss or damage suffered by you: • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services. Notwithstanding anything to the contrary contained in the Disclaimer and Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times, and is subject times be limited to a total aggregate amount by both parties for the Services/Site during the six (but without limitation to6) interruption, failure month period prior to any cause of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsaction arising. We will not be liable to you for any failure to provide those servicesloss or damage, whether in part contract, tort (including negligence), breach of statutory duty, or in fullotherwise, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any losseven if foreseeable, damage or expense of any kind incurred or suffered by you arising from under or in connection with your with: • use of, or inability to use, our Site/Services; or • use of or inability reliance on any content displayed on our Site. In particular, we will not be liable for: • loss of profits, sales, business, or revenue, • business interruption, • loss of anticipated savings, • loss of business opportunity, goodwill or reputation, • any indirect or consequential loss or damage. • Please note that we only provide our Site for domestic and private use. You agree not to use the Mobile Appour Site for any commercial or business purposes, unless it and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the gross negligence damage or wilful default on our part pay you compensation. • You have legal rights in relation to goods that are faulty or on the part of our employees not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or agents. 3.3 Your use of the Mobile App is wholly at your own riskTrading Standards office. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any Nothing in these Terms and Conditions will affect these legal rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer and Limitation of Liability. 3.1 While we 5.1 If Xxxxxxx discovers or receives reports or complaints from others that you violated this agreement, Xxxxxxx has the right to root According to the nature of your behavior, taking measures including but not limited to suspending or terminating the platform’s products an Measures such as investigating legal liabilities. 5.2 You fully understand and agree that Xxxxxxx has the right to make reasonable efforts judgments against violations of relevant laws and regulations or t Deal with the prescribed behaviors, take appropriate legal actions against your violations of laws and regulations, and follow According to provide laws and regulations, save relevant information and report to relevant departments, etc., and you shall bear the Mobile Appresponsibility All legal responsibilities. 5.3 You fully understand and agree that due to your violation of this agreement or relevant laws and regulations, You shall be solely responsible for any claims, demands or losses claimed by third parties, and you shall guarantee Zhiyuan is free from any loss as a result; if Zhiyuan suffers any loss as a result, you should bear it to Zhiyuan Full liability. You agree that Zhiyuan and its branches, affiliates, managers, agents Institutions, employees, advertisers, licensors, suppliers or partners are exempt from any Third party due to your use of the platform’s products and/or services, violation of this agreement or any other related You will bear full responsibility and compensate for claims caused by or in any respect related to your actions Zhiyuan’s expenses of all types and natures, including all claims, losses, damages (actual and subsequent Damages), litigation, judgment, litigation fees and attorney fees. In this case, Xxxxxxx will provide you with Written notification of such claims or litigation. In all cases, Zhiyuan is No liability is assumed for loss or damage that can be reasonably foreseen. 5.4 You acknowledge that if you violate laws and regulations or this agreement, you will cause irreparable damage to Zhiyuan And the Mobile App degree of damage will be difficult to determine. You fully understand and agree that if you violate the laws and regulations Or this agreement causes Zhiyuan, other users or any third party to cause damage, causing any and all Claims, requests, losses, responsibilities and expenses, you shall bear all the consequential damages on your own Consequences and losses, including but not limited to fines, compensation, litigation fees, legal fees, etc., Xxxxxxx’s We do not assume any responsibility. 5.5 You understand and agree that you will bear all risks of using the products and/or services of this platform. Honpei Taiwan clearly states that it does not provide any express or implied guarantees and guarantees, including but not limited to: (1) The products and/or services of this platform will meet your actual or specific needs or purposes; (2) The accuracy, completeness or timeliness of the products and/or services of this platform; (3) The products and/or services of this platform will be uninterrupted, uninterrupted, continuously stable or error-free error; (4) The accuracy or availability of any results or information obtained by using the products and/or services of this platform Reliability (5) Any errors, problems, failures in the products and/or services of this platform will be corrected Or resolve (6) Any products, services or other internal products purchased or obtained through the products and/or services of this platform Content meets your expectations; (7) Third-party services or external links in the products and/or services of this platform and the content they point to The accuracy, stability and completeness of; (8) The information you provide to Zhiyuan is not infringed in any way. 5.6 Any information downloaded through the products and/or services of this platform or obtained by other parties belongs to you Personally, you unilaterally assume that downloading such materials may damage your computer system or lose data. According to the risk. Any advice or information you get from the products and/or services of this platform, whether it’s Oral or written information shall not be available used as a guarantee or guarantee for use at all timesmatters not expressly stated in this agreement. certificate. 5.7 Due to force majeure, hacker attacks, system instability, network interruption, user shutdown, communication line Roads, defects in third-party services, government actions, etc. may cause the products and/or services of this platform to be Interruption, data loss, account loss, data damage in the account, and is subject other losses or risks. 5.8 You understand and agree that Xxxxxxx will not correct the direct, indirect, accidental, special, Responsible for secondary or punitive losses, including but not limited to profits, reputation, use, data parties Loss of surface or other intangible losses (even if Zhiyuan has been notified of the possibility of such damage Sex): (1) You use or cannot use the products and/or services of this platform; (2) Due to the purchase or acquisition of any goods, data, information through the products and/or services of this platform Information or services, receiving messages, or participating in transactions that result in the purchase of alternative goods and se cost; (3) Unauthorized access or modification of transmission content or data; (4) Any third party’s statement or behavior related to the platform’s products and/or services; or Other matters related to platform products and/or services. 5.9 You fully understand and agree that the products and/or services of this platform may be affected by a variety of factors, Including but without limitation to) not limited to your reasons, network equipment maintenance, network connection failure, network signal unrecovered Cover, network transmission delay or interruption, electronic terminal, communication or other system failure or error, Power failure, system instability, user shutdown, third-party service defect, strike, labor dispute Disputes, riots, riots, fires, floods, storms, explosions, wars, government actions, judicial actions Force majeure such as the order of hardware the political agency, other force majeure or softwarethe omission of a third party, errorsand Taiwan’s products and/or services are planned/adjusted/revised and other reasons; the products and/or services of this platform are also May be affected by various security issues, transmission blackoutssuch as other software you download and install or other Other websites contain viruses, delayed transmissions due Trojan horses or other malicious programs, hacker attacks, which threaten your device And data security, service interruption, data loss, damage, etc., which will affect the products of this platform and/ Or the use of services. Except that the laws and regulations clearly require Zhiyuan to internet traffic or incorrect data transmission bear the responsibility, due to the public nature of Any loss caused to you by the internetreasons mentioned above shall be borne by you, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will and Zhiyuan shall not be liable for this. 5.10 You fully understand and agree that any failure related actions you use the platform's products and/or services Any obligations, responsibilities and consequences arising should be borne by you. 5.11 You agree (and should obtain your user’s prior consent) hereby to provide those servicesxxxxx Xxxxxxx free and permanent , Irrevocable, non-exclusive rights and licenses to use you (and your Users) logo, unit or behavior to promote your (and your users) use of this data Use, including but not limited to any analysis, promotion, Use and develop all or part of authorized content in part promotion, advertising and/or related marketing. we The scope of the exercise of rights includes but is not limited to all websites and applications that may appear at present or in full, due to any abnormal the future Programs and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contraryterminal equipment. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Appears in 1 contract

Samples: Data Usage Agreement

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Disclaimer and Limitation of Liability. 3.1 While we 16.1 We make reasonable efforts no warranty that our Services will meet your requirement or that our Services will be secure, timely, uninterrupted or error free, or that any data, content, information, or other material accessible on or through any of our Platform are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to provide the Mobile App, you acknowledge that the Mobile App may not be available satisfy your particular requirements for use at all timesaccuracy of data input and output, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due for maintaining a means external to the public nature of Platform for the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense reconstruction of any kind incurred or suffered by you arising from or in connection with your lost data. All use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part and/or access of our employees or agents. 3.3 Your use of the Mobile App is wholly Services are at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionalityrisk and you are solely responsible for all damages resulting therefrom. 3.4 The biometric identity sensor module on your mobile device is not provided by us16.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE AND/OR ACCESS OF OURSERVICES, ANY USER GENERATED CONTENT (POSTED IN ANY OF OUR PLATFORM ) OR TRANSMITTED TO YOU OR OTHER USER, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF OUR SERVICES, WHETHER ONLINE OR OFFLINE. 16.3 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the biometric identity sensor technologyinternet or in any of our Platform or combination thereof. We do are not give responsible for any warrantyinjury or damage to any computer equipment belonging to any User, whether express or impliedany other person related to or resulting from use and/or access of our Services or otherwise in any way in connection with the Services. The Services are provided on an "AS-IS" basis and, of any kind including except as otherwise prohibited by applicable law, we expressly disclaim any warranty of qualityany kind, accuracy or performanceincluding, but not limited to warranties of merchantability, fitness for a particular purpose, title or and non-infringement. We cannot guarantee and do not promise any specific results from use of our Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Services shall create any warranty not expressly stated herein. 16.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES AND/OR DAMAGES WHATSOEVER SUFFERED INCURRED AND/OR SUSTAINED BY YOU THAT RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OUR SERVICES, ANY CHANGES TO THE OUR SERVICES OR UNAUTHORISED ACCEESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA, OR COMMUNICATION, TRANSMISSION, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF OUR PLATFORM OR ARISING IN CONNECTION WITH THE FRAUDULENT OR UNLAWFUL ACTS OF ANY THIRD PARTY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16.5 You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of any another's rights, including intellectual property rights. 3.5 The Mobile App may provide a range 16.6 IF YOU ARE DISSATISFIED WITH OUR SERVICES, ITS CONTENT, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICES OR WITH THE PROVISION OF THESE AGREEMENTS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USE THE SERVICES AND WHERE SOFTWARE APPLICATION HAS BEEN INSTALLED, TO UNINSTALL IT. 16.7 We will take reasonable measures to maintain the privacy and security of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is all personal data provided by us you in any of our Platform, but third parties (such as hackers) may breach or a third partyattempt to breach our security measures or may gain unauthorized access to our database or other equipment containing your personal data. YOU AGREE THAT WE SHALL NOT IN ANY WAY BE LIABLE FOR ANY LOSS AND DAMAGES OF ANY SORT, WHETHER ARISING UNDER CONTRACT, TORT OR OTEHRWISE WITH RESPECT TO ANY BREACH OF SECURITY OF OUR PLATFORM OR ANY OF OUR EQUIPMENT OR USER INFORMATION. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App16.8 Our Services provided from different Platform is controlled and offered by us from our facilities in Malaysia. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile device. 3.7 We make no representations representation that the Services is appropriate or warranties as to the accuracy, functionality available for use in other regions and countries. Those who access or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You use our Services from other jurisdictions do so at their own violation and are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bankcompliance with local law.

Appears in 1 contract

Samples: General Terms and Conditions of Use

Disclaimer and Limitation of Liability. 3.1 We provide the App on an “as is” and “as available” basis. We make no guarantee that the App will be uninterrupted, error free, or free from viruses or other harmful components. While we make take reasonable efforts precautions to provide prevent the Mobile Appexistence of computer viruses and/or other malicious programs, you acknowledge that the Mobile App may not be available we accept no liability for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasonsthem. We will not be liable for any failure to provide those services, in part also make no promises or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary. 3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents. 3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality. 3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warrantyguarantees, whether express or implied, of any kind including any warranty of qualitythat the content in the App is accurate, accuracy complete or performanceup-to-date. To the extent permitted by law, fitness we exclude all conditions, warranties, representations or other terms, which may apply to the App, whether express or implied. We only supply the App for a particular purpose, title or non-infringement of any rights. 3.5 The Mobile App may provide a range of informationdomestic business use. You acknowledge that such information has agree not been investigatedto use the App for any commercial or resale purposes, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any and we have no liability to you for any loss arising from any inaccuracyof profit, omission loss of business, business interruption, or incompleteness loss of business opportunity. Our maximum total liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the information, regardless total amount paid by you to us as part of whether the information is provided by us or a third party. 3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You Nothing in these Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law. Nothing in these Terms restricts any legal rights you may have as a consumer. Further, the App will be used in combination with a sensor device that you will either purchase directly from the sensor manufacturer or we will provide to you. How such sensor device will be provided will be agreed upon by both you and us. Regardless of how the sensor device is provided, we are solely not responsible for ensuring adequate protection its functionality, its accuracy and back-up of make no guarantees that the mobile sensor device and/or any data within such devicewill be uninterrupted, taking reasonable and appropriate precautions to scan for computer error free, or free form viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to your mobile deviceharmful components. 3.7 We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App or the compatibility of any particular device with the Mobile App. You are solely responsible for ensuring that your devices meet the system requirements specified by such third party or by the Bank.

Appears in 1 contract

Samples: Terms of Use

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