Disclaimers and Liabilities. 7.1 To the maximum extent permitted under Applicable Laws, the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use of any Systems or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform. 7.2 Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. To the maximum extent permitted under Applicable Laws, we disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
Appears in 1 contract
Samples: Platform Agreement
Disclaimers and Liabilities. 7.1 To a. We will use reasonable endeavours to ensure that MyMobileOfficeOnline will give the maximum extent permitted under Applicable Lawsfunctionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations MyMobileOfficeOnline or any kind of warranties whatsoever (whether expressed or implied the Website does not conform to this undertaking, you should notify us by law). email at xxxxxxx@xxxx.xxx
b. We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant warrant:
i. that our services, functions contained in MyMobileOfficeOnline or access to the Platform or other content Website will be timelycontinuously available, or that your use thereof will be uninterrupted or error-free without omission, that defects will be correctederror or bug free, or that the Platform or its contents are Website, MyMobileOfficeOnline and server will be free of infection by computer viruses and/or other harmful or corrupting codefrom attack;
ii. that all the information we provide on MyMobileOfficeOnline and the Website is correct and complete, programme, macro but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on MyMobileOfficeOnline and such other unauthorized software, or that the download, installation or use of any Systems or content Website is correct and complete at the time of the Platform last update to the relevant page;
iii. that MyMobileOfficeOnline or the Website will meet your requirements and, for this purpose, it is specifically recorded that MyMobileOfficeOnline is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
iv. that MyMobileOfficeOnline or the Website results of use will be correct, accurate or reliable;
v. that any defects in the MyMobileOfficeOnline or with any computer the Website can or will be corrected.
vi. Once data has been downloaded to your device, we will not affect the functionality or performance of the computer. We are not responsible or be held liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not nor responsible for the availability or contents protection and safe keeping of those websites such Company Data.
c. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, MyMobileOfficeOnline (including its directors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damages damage, loss or injury liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgements which we incur or suffer in any way arising from the availability following:
i. access to the MyMobileOfficeOnline or contents the Website;
ii. access to websites linked (including hyperlinked) to the Website;
iii. inability to access the Website;
iv. inability to access websites linked to the Website;
v. services or software available from the Website (including MyMobileOfficeOnline);
vi. content available on the Website;
vii. downloads and use of those websitescontent on the Website;
viii. Any links any failure to other websites are perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided as a convenience to you as a user by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
ix. your breach of any of the Platform, and does terms of this Agreement;
x. use of MyMobileOfficeOnline or the Website other than in accordance with this Agreement; or
xi. any other reason not imply our endorsement of the linked website or association with their operators. directly related to MyMobileOfficeOnline's gross negligence.
d. To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
e. To the extent we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner or indirectthird-party Contractor) shall not exceed the amount of charges actually paid by you to use MyMobileOfficeOnline or the Website in the year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 9 has been calculated to be proportionate to the charges paid by you to use MyMobileOfficeOnline and takes into account the fact that it is not within our control how and for what purposes you use MyMobileOfficeOnline.
f. MyMobileOfficeOnline reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the MyMobileOfficeOnline network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the MyMobileOfficeOnline network.
g. Although MyMobileOfficeOnline shall use reasonable endeavours to provide disaster recovery, MyMobileOfficeOnline does not specify any recovery time, nor shall MyMobileOfficeOnline be liable for any loss or damage of whatever nature incurred or losses (including suffered by the client from any viruscause whatsoever as a result of MyMobileOfficeOnline failure to provide, spywareor delay in providing, malwareor providing only partial, worms, errors or damaging materials disaster recovery.
h. The client is accordingly advised to make back-ups of its data. Nothing contained in the linked sites) caused or alleged to this paragraph should be caused construed as a representation that any back-ups of data implemented by client will be successful or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksway will avoid disaster.
Appears in 1 contract
Samples: Service Level Agreement
Disclaimers and Liabilities. 7.1 To We will use reasonable endeavours to ensure that ScholaSys will give the maximum extent permitted under Applicable Lawsfunctionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our provision of the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations ScholaSys or any kind of warranties whatsoever (whether expressed or implied the Website does not conform to this undertaking, you should notify us by law). email at xxxxxxx@xxx.xx.xx .
7.2 We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant warrant:
7.2.1 that our services, functions contained in ScholaSys or access to the Platform or other content Website will be timelycontinuously available, or that your use thereof will be uninterrupted or error-free without omission, that defects will be correctederror or bug free, or that the Platform Website, ScholaSys and server will be free from attack;
7.2.2 that all the information we provide on ScholaSys and the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on "ScholaSys" and the Website is correct and complete at the time of the last update to the relevant page;
7.2.3 that ScholaSys or its contents are free the Website will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
7.2.4 that ScholaSys or the Website results of infection by computer viruses and/or other harmful use will be correct, accurate or corrupting code, programme, macro and such other unauthorized software, reliable;
7.2.5 that any defects in the ScholaSys or that the download, installation Website can or use will be corrected.
7.3 Subject to the provisions of any Systems or content of the Platform applicable legislation and save as otherwise provided in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third this Agreement, CAW (including its members, employees, affiliates, third-party sites. The Platform may contain links to other websites which are not maintained by us. SimilarlyContractors, other websites may contain links to the Platform. We have no control over such sites business partners, Internet service providers and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and agents) shall not be liable for any damages damage, loss or injury liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the availability following:
7.3.1 access to the ScholaSys or contents the Website;
7.3.2 access to websites linked (including hyperlinked) to the Website;
7.3.3 inability to access the Website;
7.3.4 inability to access websites linked to the Website;
7.3.5 services or software available from the Website (including ScholaSys);
7.3.6 content available on the Website;
7.3.7 downloads and use of those websites. Any links content on the Website;
7.3.8 any failure to other websites are perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided as a convenience to you as a user by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
7.3.9 your breach of any of the Platform, and does terms of this Agreement;
7.3.10 use of ScholaSys or the Website other than in accordance with this Agreement; or
7.3.11 any other reason not imply our endorsement of the linked website or association with their operators. directly related to CAW’s gross negligence.
7.4 To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings, and conditions, express or implied, statutory, or otherwise are excluded.
7.5 To the extent we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner, or indirect, for any damage third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or losses (including any virus, spyware, malware, worms, errors or damaging materials contained the Website in the linked sites) caused or alleged year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 has been calculated to be caused proportionate to the charges paid by or in connection with you to use ScholaSys and takes into account the fact that it is not within our control how and for what purposes you use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksScholaSys.
Appears in 1 contract
Samples: Terms and Conditions of Use
Disclaimers and Liabilities. 7.1 To o 7.1. We will use reasonable endeavours to ensure that Accounting will give the maximum extent permitted under Applicable Lawsfunctionality and levels of service as described on the Website and Applications when used in accordance with it and this Agreement. If you believe our provision of the Sage Business Cloud Accounting, the Platform Website or Applications does not conform to this undertaking, you should notify us by email at xxxxxxx@xxxxxxxxxx.xxxxxxx.xxx.xx.
o 7.2. We do not warrant:
7.2.1. that Accounting, the Website or Applications will be continuously available, or that your use thereof will be uninterrupted or error or bug-free, or that Accounting, the Website or Applications and server will be free from attack;
7.2.2. that all the information we provide on Accounting, the Website and Applications is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on Sage Business Cloud Accounting, the Website and Applications is correct and complete at the time of the last update to the relevant page;
7.2.3. that Sage Business Cloud Accounting, the Website or Applications will meet your requirements and, for this purpose, it is specifically recorded that Accounting is provided “AS ISas is” on an “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law)and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
7.2.4. We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitationthat Accounting, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement Website or Applications results of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content use will be timelycorrect, uninterrupted accurate or error-free without omissionreliable;
7.2.5. that any defects in the Accounting, that defects the Website or Applications can or will be corrected, or that .
o 7.3. Subject to the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use provisions of any Systems or content of the Platform applicable legislation and save as otherwise provided in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third this Agreement, Sage (including its directors, employees, affiliates, third-party sites. The Platform may contain links to other websites which are not maintained by us. SimilarlyContractors, other websites may contain links to the Platform. We have no control over such sites business partners, Internet service providers and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and agents) shall not be liable for any damages damage, loss or injury liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the availability following:
7.3.1. access to the Accounting, the Website or contents Applications;
7.3.2. access to websites linked (including hyperlinked) to the Website or Applications;
7.3.3. inability to access the Website or Applications;
7.3.4. inability to access websites linked to the Website or Applications;
7.3.5. services or software available from the Website or Applications (including Sage Business Cloud Accounting);
7.3.6. content available on the Website or Applications;
7.3.7. downloads and use of those websitescontent on the Website or Applications;
7.3.8. Any links any failure to other websites are perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided as a convenience to you as a user by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
7.3.9. your breach of any of the Platformterms of this Agreement;
7.3.10. use of Accounting, and does the Website or Applications other than in accordance with this Agreement; or
7.3.11. any other reason not imply our endorsement of the linked website or association with their operatorsdirectly related to Sage’s gross negligence.
o 7.4. To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
o 7.5. To the extent we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner or indirectthird- party Contractor) shall not exceed the amount of charges actually paid by you to use Accounting, for any damage the Website or losses (including any virus, spyware, malware, worms, errors or damaging materials contained Applications in the linked sites) caused or alleged year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 has been calculated to be caused proportionate to the charges paid by or in connection with you to use Sage Business Cloud Accounting and takes into account the fact that it is not within our control how and for what purposes you use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksAccounting.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimers and Liabilities. 7.1 To 5.1 It is the maximum extent permitted under Applicable Lawsduty of taxpayers, the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations or any kind who are users of warranties whatsoever (whether expressed or implied by law)Vi-M’s tax assist software to pay and file their taxes as and when due. Vi-M accepts no responsibility for default in this regard.
5.2 We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant warrant:
5.2.1 that our services, functions contained in or access to the Platform or other content Tax Assist Software will be timelycontinuously available, or that your use thereofwill be uninterrupted or error-free without omission, that defects will be correctederror or bug free, or that the Platform Website, Tax Assist Software and server will be free from attack;
5.2.2 that all the information we provide on Tax Assist Software is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on Tax Assist Software is correct and complete at the time of the last update to the relevant page;
5.2.3 that Tax Assist Software will meet your requirements and, for this purpose, it is specifically recorded that Tax Assist Software is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
5.2.4 that Tax Assist Software results of use will be correct, accurate or its contents are free of infection by computer viruses and/or other harmful reliable;
5.2.5 that any defects in the Tax Assist Software can or corrupting code, programme, macro and such other unauthorized software, or that will be corrected.
5.3 Subject to the download, installation or use provisions of any Systems or content of the Platform applicable legislation and save as otherwise provided in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third this Agreement, Vi-M (including its partners, employees, affiliates, third- party sites. The Platform may contain links to other websites which are not maintained by us. SimilarlyContractors, other websites may contain links to the Platform. We have no control over such sites business partners, Internet service providers and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and agents) shall not be liable for any damages damage, loss or injury liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user your use of the Platformtax assist software including:
5.3.1 access to the Tax Assist Software;
5.3.2 access to websites linked (including hyperlinked) to the software or website;
5.3.3 inability to access the website;
5.3.4 inability to access websites linked to the Website;
5.3.5 services or software available from the Website (including Tax AssistSoftware);
5.3.6 content available on the software or website;
5.3.7 downloads and use of content on the software or website;
5.3.8 any failure to perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system used by you, telecommunications services, third-party and does not imply our endorsement / or electricity supply service, including the Internet;
5.3.9 your breach of any of the linked website terms of this Agreement;
5.3.10 use of Tax Assist Software or association the Website other than in accordance with their operators. this Agreement; or
5.3.11 any other reason not directly related to Vi-M's gross negligence.
5.4 To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
5.5 To the extent we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner or indirect, third-party Contractor) shall not exceed the amount of charges actually paid by you to access Tax Assist Software and takes into account the fact that it is not within our control how and for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the what purposes you use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksTax Assist Software.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimers and Liabilities. 7.1 To the maximum extent permitted under Applicable Laws, the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law)1. We will use reasonable endeavors to ensure that the SmartPractice software will give the functionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our licensors disclaim provision of the SmartPractice software or the Website does not conform to the fullest extent permitted this undertaking, you should notify us by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rightsemail at xxxxxxx@xxxxxxxxxxxxx.xx.xx
2. Without limiting the foregoing, we We do not warrant warrant:
1. that our services, functions contained in the SmartPractice software or access to the Platform or other content Website will be timelycontinuously available, or that your use thereof will be uninterrupted or error-free without omission, that defects will be correctederror or bug free, or that the Platform or its contents are Website, the SmartPractice software and server will be free from attack;
2. that all the information we provide on the SmartPractice software and the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavors to ensure that all the information we provide on the SmartPractice software and the Website is correct and complete at the time of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or the last update to the relevant page;
3. that the downloadSmartPractice software or the Website will meet your requirements and, installation for this purpose, it is specifically recorded that the SmartPractice software is provided "as is" and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
4. that the SmartPractice software or the Website results of use will be correct, accurate or reliable;
5. that any defects in the SmartPractice software or the Website can or will be corrected.
3. Subject to the provisions of any Systems or content of the Platform applicable legislation and save as otherwise provided in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third this Agreement, SmartPractice (including its directors, employees, affiliates, third-party sites. The Platform may contain links to other websites which are not maintained by us. SimilarlyContractors, other websites may contain links to the Platform. We have no control over such sites business partners, Internet service providers and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and agents) shall not be liable for any damages damage, loss or injury liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the availability following:
1. access to the SmartPractice software or contents the Website;
2. access to websites linked (including hyperlinked) to the Website;
3. inability to access the Website;
4. inability to access websites linked to the Website;
5. services or software available from the Website (including the SmartPractice software);
6. content available on the Website;
7. downloads and use of those websitescontent on the Website;
8. Any links any failure to other websites are perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided as a convenience to you as a user by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
9. your breach of any of the Platform, and does not imply our endorsement terms of this Agreement;
10. use of the linked website SmartPractice software or association the Website other than in accordance with their operatorsthis Agreement; or
11. any other reason not directly related to SmartPractice's gross negligence.
4. To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
5. To the extent, we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner or indirect, for any damage third- party Contractor) shall not exceed the amount of charges actually paid by you to use the SmartPractice software or losses (including any virus, spyware, malware, worms, errors or damaging materials contained the Website in the linked sites) caused or alleged year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 has been calculated to be caused proportionate to the charges paid by or in connection with you to use the SmartPractice software and takes into account the fact that it is not within our control how and for what purposes you use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksthe SmartPractice software.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimers and Liabilities. 7.1 To the maximum extent permitted under Applicable Laws, the Platform is provided “AS IS” on an “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law)1. We will use reasonable endeavors to ensure that the software will give thefunctionality and levels of service as described on the Website, when used in accordance with it and this Agreement. If you believe our licensors disclaim provision of the software or the Websitedoes not conform to the fullest extent permitted this undertaking, you should notify us by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rightsemail at xxxxxxx@xxxxxxxxxxxxx.xx.xx
2. Without limiting the foregoing, we We do not warrant warrant:
▪ 1. that our services, functions contained in the software or access to the Platform or other content Website will be timelycontinuously available, or thatyour use thereof will be uninterrupted or error-free without omission, that defects will be correctederror or bug free, or that the Platform or its contents are Website, the software and server will be free from attack;
▪ 2. that all the information we provide on the software and the Website iscorrect and complete, but we nevertheless undertake to use our reasonable endeavorsto ensure that all the information we provide on the software and the Website is correct and complete at the time of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or the last update to the relevant page;
▪ 3. that the downloadsoftware or the Website will meet your requirements and, installation for this purpose, it is specifically recorded that the software is provided "as is" and it is your responsibility to make sure it meets your requirements and is compatible with your hardware and software prior to making use thereof;
▪ 4. that the software or the Website results of use will be correct, accurate or reliable;
▪ 5. that any defects in the software or the Website can or will becorrected.
3. Subject to the provisions of any Systems or content of the Platform applicable legislation and as otherwise provided in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third this Agreement, SmartPractice (Pty) Ltd (including its directors, employees, affiliates, third-party sites. The Platform may contain links to other websites which are not maintained by us. SimilarlyContractors, other websites may contain links to the Platform. We have no control over such sites business partners, Internet service providers and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and agents) shall not be liable for any damages damage, lossor liability of any nature incurred by whomever and you agree to indemnify us and keep usindemnified against all costs (including the costs of enforcement), expenses, liabilities (includingany tax liability), injuries, direct, indirect or injury consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipatedsavings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgmentswhich we incur or suffer in any way arising from the availability following:
▪ 1. access to the software or contents the Website;
▪ 2. access to websites linked (including hyperlinked) to the Website;
▪ 3. inability to access the Website;
▪ 4. inability to access websites linked to the Website;
▪ 5. services or other software available from the Website (including the SmartPractice and TaxSmart software);
▪ 6. content available on the Website;
▪ 7. downloads and use of those websitescontent on the Website;
▪ 8. Any links any failure to other websites are perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided as a convenience to you as a user by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
▪ 9. your breach of any of the Platform, and does terms of this Agreement;
▪ 10. use of th software or the Website other than in accordance with this Agreement; or
▪ 11. any other reason not imply our endorsement of the linked website or association with their operatorsdirectly related to SmartPractice (Pty) Ltd’s gross negligence.
4. To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
5. To the extent, we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner or indirect, for any damage third- party Contractor) shall not exceed the amount of charges actually paid by you to use the software or losses (including any virus, spyware, malware, worms, errors or damaging materials contained the Website in the linked sites) caused or alleged year prior to be caused the date the circumstances causingsuch liability first arose. The limitation of liability in this clause 7 has been calculated to beproportionate to the charges paid by or in connection with you to use the software and takes intoaccount the fact that it is not within our control how and for what purposes you use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksthe software.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimers and Liabilities. 7.1 To 7.1. We will use reasonable endeavours to ensure that Accounting will give the maximum extent permitted under Applicable Lawsfunctionality and levels of service as described on the Website and Applications when used in accordance with it and this Agreement. If you believe our provision of the Sage Business Cloud Accounting, the Platform Website or Applications does not conform to this undertaking, you should notify us by email at xxxxxxx@xxxxxxxxxx.xxxxxxx.xxx.xx.
7.2. We do not warrant:
7.2.1. that Accounting, the Website or Applications will be continuously available, or that your use thereof will be uninterrupted or error or bug-free, or that Accounting, the Website or Applications and server will be free from attack;
7.2.2. that all the information we provide on Accounting, the Website and Applications is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on Sage Business Cloud Accounting, the Website and Applications is correct and complete at the time of the last update to the relevant page;
7.2.3. that Sage Business Cloud Accounting, the Website or Applications will meet your requirements and, for this purpose, it is specifically recorded that Accounting is provided “AS ISas is” on an “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law)and it is your responsibility to satisfy yourself that it meets your requirements and is compatible with your hardware and software prior to making use thereof;
7.2.4. We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitationthat Accounting, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement Website or Applications results of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content use will be timelycorrect, uninterrupted accurate or error-free without omissionreliable;
7.2.5. that any defects in the Accounting, that defects the Website or Applications can or will be corrected, or that .
7.3. Subject to the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use provisions of any Systems or content of the Platform applicable legislation and save as otherwise provided in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third this Agreement, The Access Group (including its directors, employees, affiliates, third-party sites. The Platform may contain links to other websites which are not maintained by us. SimilarlyContractors, other websites may contain links to the Platform. We have no control over such sites business partners, Internet service providers and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and agents) shall not be liable for any damages damage, loss or injury liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business, loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss), damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the availability following:
7.3.1. access to the Accounting, the Website or contents Applications;
7.3.2. access to websites linked (including hyperlinked) to the Website or Applications;
7.3.3. inability to access the Website or Applications;
7.3.4. inability to access websites linked to the Website or Applications;
7.3.5. services or software available from the Website or Applications (including Sage Business Cloud Accounting);
7.3.6. content available on the Website or Applications;
7.3.7. downloads and use of those websitescontent on the Website or Applications;
7.3.8. Any links any failure to other websites are perform our obligations in this Agreement due to causes beyond our reasonable control including any interruption to or failure of any website, your computer, associated supporting system not provided as a convenience to you as a user by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by us, including the Internet;
7.3.9. your breach of any of the Platformterms of this Agreement;
7.3.10. use of Accounting, and does the Website or Applications other than in accordance with this Agreement; or
7.3.11. any other reason not imply our endorsement of the linked website or association with their operatorsdirectly related to The Access Group’s gross negligence.
7.4. To the maximum extent permitted by law all undertakings and warranties given by us under Applicable Lawsthis Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
7.5. To the extent we disclaim all responsibility are liable, our total liability (and liabilitythat of any Affiliate, direct Business Partner or indirectthirdparty Contractor) shall not exceed the amount of charges actually paid by you to use Accounting, for any damage the Website or losses (including any virus, spyware, malware, worms, errors or damaging materials contained Applications in the linked sites) caused or alleged year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 has been calculated to be caused proportionate to the charges paid by or in connection with you to use Sage Business Cloud Accounting and takes into account the fact that it is not within our control how and for what purposes you use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risksAccounting.
Appears in 1 contract
Samples: Terms and Conditions
