Common use of Disclaimers and Liabilities Clause in Contracts

Disclaimers and Liabilities. 7.1 We will use reasonable endeavours to ensure that ScholaSys 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 provision of the ScholaSys or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx . 7.2 We do not warrant: 7.2.1 that ScholaSys or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the 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 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 use will be correct, accurate or reliable; 7.2.5 that any defects in the ScholaSys or the Website can or will be corrected. 7.3 Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW (including its members, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1 access to the ScholaSys or 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 content on the Website; 7.3.8 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 not provided 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 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 directly related to CAW’s gross negligence. 7.4 To the maximum extent permitted by law all undertakings and warranties given by us under this 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 are liable, our total liability (and that of any Affiliate, Business Partner, or third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or the Website in the 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 proportionate to the charges paid by you to use ScholaSys and takes into account the fact that it is not within our control how and for what purposes you use ScholaSys.

Appears in 1 contract

Samples: Terms and Conditions of Use

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Disclaimers and Liabilities. 7.1 1. We will use reasonable endeavours endeavors to ensure that ScholaSys 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 provision of the ScholaSys SmartPractice software or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx .xxxxxxx@xxxxxxxxxxxxx.xx.xx 7.2 2. We do not warrant: 7.2.1  1. that ScholaSys the SmartPractice software or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, ScholaSys the SmartPractice software and server will be free from attack; 7.2.2  2. that all the information we provide on ScholaSys the SmartPractice software and the Website is correct and complete, but we nevertheless undertake to use our reasonable endeavours endeavors to ensure that all the information we provide on "ScholaSys" the SmartPractice software and the Website is correct and complete at the time of the last update to the relevant page; 7.2.3  3. that ScholaSys the SmartPractice software or the Website will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys 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; 7.2.4  4. that ScholaSys the SmartPractice software or the Website results of use will be correct, accurate or reliable; 7.2.5  5. that any defects in the ScholaSys SmartPractice software or the Website can or will be corrected. 7.3 3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW SmartPractice (including its membersdirectors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1  1. access to the ScholaSys SmartPractice software or the Website; 7.3.2  2. access to websites linked (including hyperlinked) to the Website; 7.3.3  3. inability to access the Website; 7.3.4  4. inability to access websites linked to the Website; 7.3.5  5. services or software available from the Website (including ScholaSysthe SmartPractice software); 7.3.6  6. content available on the Website; 7.3.7  7. downloads and use of content on the Website; 7.3.8  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 not provided 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  9. your breach of any of the terms of this Agreement; 7.3.10  10. use of ScholaSys the SmartPractice software or the Website other than in accordance with this Agreement; or 7.3.11  11. any other reason not directly related to CAW’s SmartPractice's gross negligence. 7.4 4. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 5. To the extent extent, we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys the SmartPractice software or the Website in the 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 proportionate to the charges paid by you to use ScholaSys the SmartPractice software and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysthe SmartPractice software.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Liabilities. 7.1 7.1. We will use reasonable endeavours to ensure that ScholaSys Accounting will give the functionality and levels of service as described on the Website, Website and Applications when used in accordance with it and this Agreement. If you believe our provision of the ScholaSys or Sage Business Cloud Accounting, the Website or Applications does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx xxxxxxx@xxxxxxxxxx.xxxxxxx.xxx.xx. 7.2 7.2. We do not warrant: 7.2.1 7.2.1. that ScholaSys or Accounting, the Website or Applications will be continuously available, or that your use thereof will be uninterrupted or error or bug bug-free, or that Accounting, the Website, ScholaSys Website or Applications and server will be free from attack; 7.2.2 7.2.2. that all the information we provide on ScholaSys and 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 "ScholaSys" and 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 7.2.3. that ScholaSys or Sage Business Cloud Accounting, the Website or Applications will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys Accounting 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 7.2.4. that ScholaSys or Accounting, the Website or Applications results of use will be correct, accurate or reliable; 7.2.5 7.2.5. that any defects in the ScholaSys or Accounting, the Website or Applications can or will be corrected. 7.3 7.3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW The Access Group (including its membersdirectors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1 7.3.1. access to the ScholaSys Accounting, the Website or the WebsiteApplications; 7.3.2 7.3.2. access to websites linked (including hyperlinked) to the WebsiteWebsite or Applications; 7.3.3 7.3.3. inability to access the WebsiteWebsite or Applications; 7.3.4 7.3.4. inability to access websites linked to the WebsiteWebsite or Applications; 7.3.5 7.3.5. services or software available from the Website or Applications (including ScholaSysSage Business Cloud Accounting); 7.3.6 7.3.6. content available on the WebsiteWebsite or Applications; 7.3.7 7.3.7. downloads and use of content on the WebsiteWebsite or Applications; 7.3.8 7.3.8. 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 not provided 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 7.3.9. your breach of any of the terms of this Agreement; 7.3.10 7.3.10. use of ScholaSys or Accounting, the Website or Applications other than in accordance with this Agreement; or 7.3.11 7.3.11. any other reason not directly related to CAWThe Access Group’s gross negligence. 7.4 7.4. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 7.5. To the extent we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- party thirdparty Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or Accounting, the Website or Applications in the 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 proportionate to the charges paid by you to use ScholaSys Sage Business Cloud Accounting and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysAccounting.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Liabilities. 7.1 a. We will use reasonable endeavours to ensure that ScholaSys MyMobileOfficeOnline 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 provision of the ScholaSys MyMobileOfficeOnline or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx .xxxxxxx@xxxx.xxx 7.2 b. We do not warrant: 7.2.1 i. that ScholaSys MyMobileOfficeOnline or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, ScholaSys MyMobileOfficeOnline and server will be free from attack; 7.2.2 ii. that all the information we provide on ScholaSys MyMobileOfficeOnline 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" MyMobileOfficeOnline and the Website is correct and complete at the time of the last update to the relevant page; 7.2.3 iii. that ScholaSys MyMobileOfficeOnline or the Website will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys 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; 7.2.4 iv. that ScholaSys MyMobileOfficeOnline or the Website results of use will be correct, accurate or reliable; 7.2.5 v. that any defects in the ScholaSys MyMobileOfficeOnline or the Website can or will be corrected. 7.3 vi. Once data has been downloaded to your device, we will not be held liable nor responsible for the protection and safe keeping of such Company Data. c. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW MyMobileOfficeOnline (including its membersdirectors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 judgements which we incur or suffer in any way arising from the following: 7.3.1 i. access to the ScholaSys MyMobileOfficeOnline or the Website; 7.3.2 ii. access to websites linked (including hyperlinked) to the Website; 7.3.3 iii. inability to access the Website; 7.3.4 iv. inability to access websites linked to the Website; 7.3.5 v. services or software available from the Website (including ScholaSysMyMobileOfficeOnline); 7.3.6 vi. content available on the Website; 7.3.7 vii. downloads and use of content on the Website; 7.3.8 viii. 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 not provided 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 ix. your breach of any of the terms of this Agreement; 7.3.10 x. use of ScholaSys MyMobileOfficeOnline or the Website other than in accordance with this Agreement; or 7.3.11 xi. any other reason not directly related to CAW’s MyMobileOfficeOnline's gross negligence. 7.4 d. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 e. To the extent we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- third-party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys 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 7 9 has been calculated to be proportionate to the charges paid by you to use ScholaSys MyMobileOfficeOnline and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysMyMobileOfficeOnline. 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 suffered by the client from any cause whatsoever as a result of MyMobileOfficeOnline failure to provide, or delay in providing, or providing only partial, disaster recovery. h. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.

Appears in 1 contract

Samples: Service Level Agreement

Disclaimers and Liabilities. 7.1 7.1. We will use reasonable endeavours to ensure that ScholaSys Credible Disclosures 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 provision of the ScholaSys Credible Disclosures or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx xxxxxxx@xxxxxxxxxxxxxxxxxxx.xx.xx. 7.2 7.2. We do not warrant: 7.2.1 7.2.1. that ScholaSys Credible Disclosures or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that the Website, ScholaSys Credible Disclosure Services and server will be free from attack; 7.2.2 7.2.2. that all the information we provide on ScholaSys Credible Disclosures 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" Credible Disclosures and the Website is correct and complete at the time of the last update to the relevant page; 7.2.3 7.2.3. that ScholaSys Credible Disclosures or the Website will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys Credible Disclosure Services 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 7.2.4. that ScholaSys Credible Disclosure Services or the Website results of use will be correct, accurate or reliable; 7.2.5 7.2.5. that any defects in the ScholaSys Credible Disclosure Services or the Website can or will be corrected. 7.3 7.3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW Credible Disclosures (including its membersdirectors, employees, affiliates, third-party Contractorscontractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1 7.3.1. access to the ScholaSys Credible Disclosure Services or the Website; 7.3.2 7.3.2. access to websites linked (including hyperlinked) to the Website; 7.3.3 7.3.3. inability to access the Website; 7.3.4 7.3.4. inability to access websites linked to the Website; 7.3.5 7.3.5. services or software available from the Website (including ScholaSysCredible Disclosure Services); 7.3.6 7.3.6. content available on the Website; 7.3.7 7.3.7. downloads and use of content on the Website; 7.3.8 7.3.8. 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 not provided 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 7.3.9. your breach of any of the terms of this Agreement; 7.3.10 7.3.10. use of ScholaSys Credible Disclosure Services or the Website other than in accordance with this Agreement; or 7.3.11 7.3.11. any other reason not directly related to CAWCredible Disclosures’s gross negligence. 7.4 7.4. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 7.5. To the extent we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- third-party Contractorcontractor) shall not exceed the amount of charges actually paid by you to use ScholaSys Credible Disclosure Services or the Website in the 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 proportionate to the charges paid by you to use ScholaSys Credible Disclosure Services and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysCredible Disclosure Services.

Appears in 1 contract

Samples: Software License Agreement

Disclaimers and Liabilities. 7.1 o 7.1. We will use reasonable endeavours to ensure that ScholaSys Accounting will give the functionality and levels of service as described on the Website, Website and Applications when used in accordance with it and this Agreement. If you believe our provision of the ScholaSys or Sage Business Cloud Accounting, the Website or Applications does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx xxxxxxx@xxxxxxxxxx.xxxxxxx.xxx.xx. 7.2 o 7.2. We do not warrant: 7.2.1 7.2.1. that ScholaSys or Accounting, the Website or Applications will be continuously available, or that your use thereof will be uninterrupted or error or bug bug-free, or that Accounting, the Website, ScholaSys Website or Applications and server will be free from attack; 7.2.2 7.2.2. that all the information we provide on ScholaSys and 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 "ScholaSys" and 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 7.2.3. that ScholaSys or Sage Business Cloud Accounting, the Website or Applications will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys Accounting 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 7.2.4. that ScholaSys or Accounting, the Website or Applications results of use will be correct, accurate or reliable; 7.2.5 7.2.5. that any defects in the ScholaSys or Accounting, the Website or Applications can or will be corrected. 7.3 o 7.3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW Sage (including its membersdirectors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1 7.3.1. access to the ScholaSys Accounting, the Website or the WebsiteApplications; 7.3.2 7.3.2. access to websites linked (including hyperlinked) to the WebsiteWebsite or Applications; 7.3.3 7.3.3. inability to access the WebsiteWebsite or Applications; 7.3.4 7.3.4. inability to access websites linked to the WebsiteWebsite or Applications; 7.3.5 7.3.5. services or software available from the Website or Applications (including ScholaSysSage Business Cloud Accounting); 7.3.6 7.3.6. content available on the WebsiteWebsite or Applications; 7.3.7 7.3.7. downloads and use of content on the WebsiteWebsite or Applications; 7.3.8 7.3.8. 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 not provided 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 7.3.9. your breach of any of the terms of this Agreement; 7.3.10 7.3.10. use of ScholaSys or Accounting, the Website or Applications other than in accordance with this Agreement; or 7.3.11 7.3.11. any other reason not directly related to CAWSage’s gross negligence. 7.4 o 7.4. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 o 7.5. To the extent we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or Accounting, the Website or Applications in the 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 proportionate to the charges paid by you to use ScholaSys Sage Business Cloud Accounting and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysAccounting.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Liabilities. 7.1 We will use reasonable endeavours 5.1 It is the duty of taxpayers, who are users of Vi-M’s tax assist software to ensure that ScholaSys will give the functionality pay and levels of service file their taxes as described on the Website, and when used due. Vi-M accepts no responsibility for default in accordance with it and this Agreement. If you believe our provision of the ScholaSys or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx regard. 7.2 5.2 We do not warrant: 7.2.1 5.2.1 that ScholaSys or the Website Tax Assist Software will be continuously available, or that your use thereof will thereofwill be uninterrupted or error or bug free, or that the Website, ScholaSys Tax Assist Software and server will be free from attack; 7.2.2 5.2.2 that all the information we provide on ScholaSys and the Website 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 "ScholaSys" and the Website Tax Assist Software is correct and complete at the time of the last update to the relevant page; 7.2.3 5.2.3 that ScholaSys or the Website Tax Assist Software will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys 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; 7.2.4 5.2.4 that ScholaSys or the Website Tax Assist Software results of use will be correct, accurate or reliable; 7.2.5 5.2.5 that any defects in the ScholaSys or the Website Tax Assist Software can or will be corrected. 7.3 5.3 Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW Vi-M (including its memberspartners, employees, affiliates, third-third- party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 your use of the followingtax assist software including: 7.3.1 5.3.1 access to the ScholaSys or the WebsiteTax Assist Software; 7.3.2 5.3.2 access to websites linked (including hyperlinked) to the Websitesoftware or website; 7.3.3 5.3.3 inability to access the Websitewebsite; 7.3.4 5.3.4 inability to access websites linked to the Website; 7.3.5 5.3.5 services or software available from the Website (including ScholaSysTax AssistSoftware); 7.3.6 5.3.6 content available on the Websitesoftware or website; 7.3.7 5.3.7 downloads and use of content on the Websitesoftware or website; 7.3.8 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 not provided by us and used by you, telecommunications services, third-party and / or electricity supply service not provided by usservice, including the Internet; 7.3.9 5.3.9 your breach of any of the terms of this Agreement; 7.3.10 5.3.10 use of ScholaSys Tax Assist Software or the Website other than in accordance with this Agreement; or 7.3.11 5.3.11 any other reason not directly related to CAW’s Vi-M's gross negligence. 7.4 5.4 To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 5.5 To the extent we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- third-party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or the Website in the 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 proportionate to the charges paid by you to use ScholaSys access Tax Assist Software and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysTax Assist Software.

Appears in 1 contract

Samples: Terms and Conditions

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Disclaimers and Liabilities. 7.1 1. We will use reasonable endeavours to ensure that ScholaSys the SmartPractice software will give the functionality and levels of service as described on the Website, Website when used in accordance with it and this Agreement. If you believe our provision of the ScholaSys SmartPractice software or the Website does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx .xxxxxxx@xxxxxxxxxxxxx.xx.xx 7.2 2. We do not warrant: 7.2.1 1. that ScholaSys the SmartPractice software or the Website will be continuously available, or that your use thereof will be uninterrupted or error or bug bug-free, or that the Website, ScholaSys the SmartPractice software and server will be free from attack; 7.2.2 2. that all the information we provide on ScholaSys the SmartPractice software, 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" the SmartPractice software, and the Website is correct and complete at the time of the last update to the relevant page; 7.2.3 3. that ScholaSys the SmartPractice software or the Website will meet your requirements requirements, and, for this purpose, it is specifically recorded that ScholaSys 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; 7.2.4 4. that ScholaSys the SmartPractice software or the Website results of use will be correct, accurate or reliable; 7.2.5 5. that any defects in the ScholaSys SmartPractice software or the Website can or will be corrected. 7.3 3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW SmartPractice (including its membersdirectors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1 1. access to the ScholaSys SmartPractice software or the Website; 7.3.2 2. access to websites linked (including hyperlinked) to the Website; 7.3.3 3. inability to access the Website; 7.3.4 4. inability to access websites linked to the Website; 7.3.5 5. services or software available from the Website (including ScholaSysthe SmartPractice software); 7.3.6 6. content available on the Website; 7.3.7 7. downloads and use of content on the Website; 7.3.8 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 not provided by us and used by you, telecommunications services, third-party and / or and/or electricity supply service not provided by us, including the Internet; 7.3.9 9. your breach of any of the terms of this Agreement; 7.3.10 10. use of ScholaSys the SmartPractice software or the Website other than in accordance with this Agreement; or 7.3.11 11. any other reason not directly related to CAW’s SmartPractice's gross negligence. 7.4 To the maximum extent permitted by law all undertakings and warranties given by us under this 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 are liable, our total liability (and that of any Affiliate, Business Partner, or third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or the Website in the 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 proportionate to the charges paid by you to use ScholaSys and takes into account the fact that it is not within our control how and for what purposes you use ScholaSys.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Liabilities. 7.1 1. We will use reasonable endeavours endeavors to ensure that ScholaSys the software will give the functionality thefunctionality 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 ScholaSys software or the Website does Websitedoes not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx .xxxxxxx@xxxxxxxxxxxxx.xx.xx 7.2 2. We do not warrant: 7.2.1 ▪ 1. that ScholaSys the software or the Website will be continuously available, or that your thatyour use thereof will be uninterrupted or error or bug free, or that the Website, ScholaSys the software and server will be free from attack; 7.2.2 ▪ 2. that all the information we provide on ScholaSys the software and the Website is correct iscorrect and complete, but we nevertheless undertake to use our reasonable endeavours to endeavorsto ensure that all the information we provide on "ScholaSys" the software and the Website is correct and complete at the time of the last update to the relevant page; 7.2.3 ▪ 3. that ScholaSys the software or the Website will meet your requirements and, for this purpose, it is specifically recorded that ScholaSys the software is provided "as is" and it is your responsibility to satisfy yourself that make sure it meets your requirements and is compatible with your hardware and software prior to making use thereof; 7.2.4 ▪ 4. that ScholaSys the software or the Website results of use will be correct, accurate or reliable; 7.2.5 ▪ 5. that any defects in the ScholaSys software or the Website can or will be correctedbecorrected. 7.3 3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW SmartPractice (Pty) Ltd (including its membersdirectors, employees, affiliates, third-party Contractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or lossor liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified usindemnified against all costs (including the costs of enforcement), expenses, liabilities (including any includingany 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 savingsanticipatedsavings, 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 judgmentswhich we incur or suffer in any way arising from the following: 7.3.1 ▪ 1. access to the ScholaSys software or the Website; 7.3.2 ▪ 2. access to websites linked (including hyperlinked) to the Website; 7.3.3 ▪ 3. inability to access the Website; 7.3.4 ▪ 4. inability to access websites linked to the Website; 7.3.5 ▪ 5. services or other software available from the Website (including ScholaSysthe SmartPractice and TaxSmart software); 7.3.6 ▪ 6. content available on the Website; 7.3.7 ▪ 7. downloads and use of content on the Website; 7.3.8 ▪ 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 not provided 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 ▪ 9. your breach of any of the terms of this Agreement; 7.3.10 ▪ 10. use of ScholaSys th software or the Website other than in accordance with this Agreement; or 7.3.11 ▪ 11. any other reason not directly related to CAWSmartPractice (Pty) Ltd’s gross negligence. 7.4 4. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 5. To the extent extent, we are liable, our total liability (and that of any Affiliate, Business Partner, Partner or third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys the software or the Website in the year prior to the date the circumstances causing such causingsuch liability first arose. The limitation of liability in this clause 7 has been calculated to be proportionate beproportionate to the charges paid by you to use ScholaSys the software and takes into account intoaccount the fact that it is not within our control how and for what purposes you use ScholaSysthe software.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Liabilities. 7.1 5.1. We will use reasonable endeavours to ensure that ScholaSys Sage ESS will give the functionality and levels of service as described on the WebsiteWebsite and Applications, when used in accordance with it and this Agreement. If you believe our provision of the ScholaSys or Sage ESS, the Website or Applications does not conform to this undertaking, you should notify us by email at xxxxxxx@xxx.xx.xx .xxxx.xxxx@xxxx.xxx 7.2 5.2. We do not warrant: 7.2.1 5.2.1. that ScholaSys or Sage ESS, the Website or Applications will be continuously available, or that your use thereof will be uninterrupted or error or bug free, or that Sage ESS, the Website, ScholaSys Website or Applications and server will be free from attack; 7.2.2 5.2.2. that all the information we provide on ScholaSys and Sage ESS, the Website or Applications is correct and complete, but we nevertheless undertake to use our reasonable endeavours to ensure that all the information we provide on "ScholaSys" and Sage ESS, the Website or Application is correct and complete at the time of the last update to the relevant pagepages; 7.2.3 5.2.3. that ScholaSys or Sage ESS, the Website or Applications will meet your requirements requirements, and, for this purpose, it is specifically recorded that ScholaSys Sage ESS 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 5.2.4. that ScholaSys or Sage ESS, the Website or Applications results of use will be correct, accurate or reliable; 7.2.5 5.2.5. that any defects in the ScholaSys or Sage ESS, the Website or Applications can or will be corrected. 7.3 5.3. Subject to the provisions of any applicable legislation and save as otherwise provided in this Agreement, CAW Sage (including its membersdirectors, employees, affiliates, third-party Contractorscontractors, business partners, Internet service providers and agents) shall not be liable for any damage, loss or 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 following: 7.3.1 5.3.1. access to the ScholaSys Sage ESS, the Website or the WebsiteApplications; 7.3.2 5.3.2. access to websites linked (including hyperlinked) to the WebsiteWebsite or Applications; 7.3.3 5.3.3. inability to access the WebsiteWebsite or Applications; 7.3.4 5.3.4. inability to access websites linked to the WebsiteWebsite or Applications; 7.3.5 5.3.5. services or software available from the Website (including ScholaSys)or Applications; 7.3.6 5.3.6. content available on the WebsiteWebsite or Applications; 7.3.7 5.3.7. downloads and use of content on the WebsiteWebsite or Applications; 7.3.8 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 not provided 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 5.3.9. your breach of any of the terms of this Agreement; 7.3.10 5.3.10. use of ScholaSys or Sage ESS, the Website or Applications other than in accordance with this Agreement; or 7.3.11 5.3.11. any other reason not directly related to CAWSage’s gross negligence. 7.4 5.4. To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings, undertakings and conditions, express or implied, statutory, statutory or otherwise are excluded. 7.5 5.5. To the extent we are liable, our total liability (and that of any Affiliate, Business Partner, or third- party Contractor) shall not exceed the amount of charges actually paid by you to use ScholaSys or Sage ESS, the Website or Applications in the year prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 7 5 has been calculated to be proportionate to the charges paid by you to use ScholaSys Sage ESS and takes into account the fact that it is not within our control how and for what purposes you use ScholaSysSage ESS.

Appears in 1 contract

Samples: Terms of Use

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