Common use of Disclaimers and Liabilities Clause in Contracts

Disclaimers and Liabilities. 8.1. The BEE123 Portal is provided on an “as is” basis, and BEE123 and its directors, members, employees, content providers, agents, Affiliates and Contractors exclude, to the fullest extent permitted by applicable law, any warranty of any kind, whether express or implied, including warranties of satisfactory quality, fitness for a particular purpose, non-infringement, title, security and compatibility. It is the Client’s sole responsibility to satisfy itself prior to entering into this Agreement that the Services and the BEE123 Portal will meet its individual requirements and be compatible with its hardware and/or software. The functions embodied on or in the materials of the BEE123 Portal or the Services are not warranted to be uninterrupted or without error, and BEE123 does not warrant that any results of use will be correct, accurate or reliable, or that any defects in the BEE123 Portal or Services can or will be corrected. The Client, not BEE123, assumes the entire cost of all necessary servicing, repair or correction due to the use of the BEE123 Portal or the Services by the Client and its End Users. 8.2. Subject to clauses 3, 4, 8 and 9 and the Client’s compliance with the terms of this Agreement, BEE123 will use reasonable endeavours to ensure that the BEE123 Portal will give the functionality and levels of service as described on the BEE123 Portal, when used in accordance with this Agreement and BEE123’s requirements and directions (as made available on the BEE123 Portal or notified to the Client in writing) from time to time. 8.3. BEE123 will use reasonable endeavours to keep the BEE123 Portal and Services available at all times, however, BEE123 does not warrant that the BEE123 Portal will be continuously available, or that the Client’s use of BEE123 Portal or the Services will be uninterrupted or error-free, or that BEE123’s server(s) will be free from attack. 8.4. While BEE123 will use reasonable efforts to ensure that all information it provides on the BEE123 Portal and/or Services is correct and complete at the time of the last update to the relevant Page, BEE123 makes no representations or warranties as to such information’s accuracy, adequacy, correctness, quality or reliability. The Client bears all risks from any use or results of using any information or the Services and are solely responsible for validating the integrity of any information received from the BEE123 Portal and the Services. 8.5. BEE123 does not warrant, whether expressly or impliedly, that the BEE123 Portal, the Services or any applications, downloads or files available via the BEE123 Portal or Services are free of viruses, worms, trojans, bombs, time locks or any other data or code which has the ability to corrupt or affect the operation of the user’s system. 8.6. No advice or opinion expressed on the BEE123 Portal should be regarded as professional advice and users are advised to seek professional advice before placing reliance on any opinion given in the BEE123 Portal or through the Services. 8.7. BEE123, its Affiliates and/or Contractors will not, under any circumstances, be liable for any damages of any kind arising from: 8.7.1. BEE123’s use of or reliance on any information or documentation provided by or on behalf of the Client, including any BEE certificates or other verification. The Client hereby warrants that any such information or documentation provided by or on behalf of the Client is accurate, correct and has been lawfully obtained; or 8.7.2. any data capture errors. 8.8. BEE123 shall not be liable for and shall be excused from any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including acts of God, communications failure, theft, destruction or unauthorised access to BEE123’s records, programs or services. Any undertakings or warranties provided in this clause 8 shall be unenforceable and shall not apply to any non- compliance which does not have a material effect on functionality and/or levels of service, nor shall it be enforceable or apply to the extent that any non- compliance arose or was exacerbated by any: 8.8.1. use of the BEE123 Portal or the Services other than in accordance with this Agreement; or 8.8.2. circumstances beyond BEE123’s reasonable control, including any interruption to or failure of any web site, computer or telecommunications or utilities services not provided by BEE123, including the Internet. 8.9. If the Client believes the provision of the BEE123 Portal does not conform to the undertakings above, it should notify BEE123 by e-mail at xxxxxxx@xxx000.xx.xx. 8.10. The remedies provided under this clause 8 are the Client’s sole and exclusive remedies in the event of a breach of BEE123’s undertakings or obligations under this Agreement. 8.11. The Client acknowledges that no oral or written communications by or on behalf of BEE123 shall create a warranty or in any way increase the scope of the undertakings set out in this Agreement. 8.12. BEE123, its Affiliates and/or Contractors will not, under any circumstances, be liable for any damages of any kind arising from the use of the BEE123 Portal or the Services, or any part thereof, or the unavailability of the same, including: 8.12.1. lost income, lost profits or lost business, wasted time, anticipated savings, lost goodwill, third party costs and charges, loss of business information, loss of data or any business interruption, in each case whether caused directly or indirectly; 8.12.2. any circumstances arising out of or in connection with the Internet, any third party or the Client’s telecommunication service(s) or computer system(s), and/or associated or supporting systems not provided by BEE123 and used by the Client or its End Users to use or otherwise access the BEE123 Portal and/or the Services, including any third-party middleware, systems, platforms or the like into which the BEE123 Portal and/or the Services have been integrated or with which the BEE123 Portal and/or the Services have been combined; or 8.12.3. any indirect, consequential, incidental, punitive or special damages, however caused and whether arising under contract, delict (including negligence), statute or otherwise, even if BEE123 knew or ought to have known of such potential liability. 8.13. Subject to the limitation and exclusions set out in this clause 8, BEE123’s (and that of any Affiliates or Contractors) total aggregate liability, whether in contract, warranty, delict/tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, shall not exceed the amount of charges actually paid by the Client to use the BEE123 Portal in the 12 (twelve) month period prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 8 has been calculated to be proportionate to the charges paid by the Client to use the BEE123 Portal and/or the Services and takes into account the fact that it is not within BEE123’s control how and for what purposes the Client uses the BEE123 Portal and/or the Services. 8.14. The Client agrees to defend, indemnify and hold BEE123 harmless, as well as its Affiliates, licensors, employees, agents, sponsors, third-party information providers and Contractors, against any and all claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to registration or use of the BEE123 Portal and/or the Services by its End Users (including any information disclosed in any dealings they have with any other user of the BEE123 Portal), any information provided thereon on which the Client may rely, the Client’s conduct, its use of or inability to use the BEE123 Portal and/or the Services, the Client’s failure to perform any of its obligations in terms of this Agreement, the Client’s breach or alleged breach of this Agreement or of any representation or warranty contained herein, the Client’s unauthorised use of the BEE123 Portal, any reliance on any BEE certificate or other document or information provided by or on behalf of the Client, any fraudulent or criminal acts on the part of the Client or its End Users (including the falsification of any documents), or the Client’s violation of any rights of another person. 8.15. In no event shall BEE123, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, delict/tort (including negligence) or otherwise, arising out of or in any way connected with the use of the BEE123 Portal, the Services, information or materials contained in or accessed through the BEE123 Portal or the Services, including any damages caused by or resulting from the Client’s reliance on any information obtained from BEE123, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance. 8.16. BEE123 shall not be liable to the Client or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, and the Client hereby expressly indemnifies BEE123 against any claims in respect of such loss or damage resulting from or related to the Client’s use of or inability to use the BEE123 Portal, the Services, information or materials contained in or accessed through the BEE123 Portal or the Services: (i) any fact or circumstance beyond BEE123’s reasonable control; (ii) any breakdown in the service provided by any Internet service provider (including a communications link failure); (iii) the performance or unavailability of the BEE123 Portal or the Services (including any system errors or errors in calculation resulting from or relating to the BEE123 Portal or the Services), or any other web site or database to which it is connected; (iv) any suspension or interruption in the provision of access to the BEE123 Portal or the Services; (v) any breach of privacy or security by any person or entity; (vi) the loss, damage, destruction, theft, contamination or corruption of any data, User Details or content accessible by means of the BEE123 Portal or the Services; (vii) the preservation and integrity of any text or any other form of data, User Details or information or material which is contained on or accessible from the BEE123 Portal or the Services; (viii) any publication or use of any User Details or information or material which is contained on or accessible from the BEE123 Portal or the Services; or (ix) its access to the Internet, the BEE123 Portal or the Services.

Disclaimers and Liabilities. 8.17.1. The This BEE123 Portal is provided on an “"as is” " basis, and BEE123 we and its our directors, members, employees, content providers, agents, Affiliates and Contractors exclude, to the fullest extent permitted by applicable law, any warranty of any kind, kind whether express or implied, including warranties of satisfactory quality, fitness for a particular purpose, non-infringement, title, security and compatibility. It is the Client’s your sole responsibility to satisfy itself yourself prior to entering into this Agreement that the Services and the BEE123 Portal will meet its your individual requirements and be compatible with its your hardware and/or software. The functions embodied on or in the materials of the BEE123 Portal or the Services are not warranted to be uninterrupted or without error, and BEE123 does we do not warrant that any results of use will be correct, accurate or reliable, or that any defects in the BEE123 Portal or Services can or will be corrected. The ClientYou, not BEE123us, assumes assume the entire cost of all necessary servicing, repair or correction due to the your use of the BEE123 Portal or the Services by the Client and its End UsersServices. 8.27.2. Subject to clauses 3, 4, 7 and 8 and 9 and the Client’s your compliance with the terms of this Agreement, BEE123 we will use reasonable endeavours to ensure that the BEE123 Portal will give the functionality and levels of service as described on the BEE123 Portal, when used in accordance with this Agreement and BEE123’s our requirements and directions (as made available on the BEE123 Portal or notified to the Client you in writing) from time to time. 8.37.3. BEE123 We will use reasonable endeavours to keep the BEE123 Portal and Services available at all times, however, BEE123 does we do not warrant that the BEE123 Portal will be continuously available, or that the Client’s your use of BEE123 Portal or the Services will be uninterrupted or error-free, or that BEE123’s server(s) our server will be free from attack. 8.47.4. While BEE123 we will use reasonable efforts to ensure that all information it provides we provide on the BEE123 Portal and/or Services is correct and complete at the time of the last update to the relevant Pagepage, BEE123 makes we make no representations or warranties as to such information’s accuracy, adequacy, correctness, quality or reliability. The Client bears You bear all risks from any use or results of using any information or the Services and are solely responsible for validating the integrity of any information received from the BEE123 Portal and the Services. 8.57.5. BEE123 does We do not warrant, whether expressly express or impliedlyimplied, that the BEE123 Portal, the Services or any applications, downloads or files available via the BEE123 Portal or Services are free of viruses, worms, trojans, bombs, time locks or any other data or code which has the ability to corrupt or affect the operation of the user’s 's system. 8.67.6. No advice or opinion expressed on the BEE123 Portal should be regarded as professional advice and users are advised to seek professional advice before placing reliance on any opinion given in the BEE123 Portal or through the Services. 8.77.7. BEE123We, its our Affiliates and/or Contractors will not, under any circumstances, be liable for any damages of any kind arising from: 8.7.17.7.1. BEE123’s our use of or reliance on any information or documentation provided by you or on behalf of the Clientyour behalf, including any BEE certificates or other verification. The Client You hereby warrants warrant that any such information or documentation provided by you or on your behalf of the Client is accurate, correct and has been lawfully obtained; or 8.7.27.7.2. any data capture errors. 8.87.8. BEE123 We shall not be liable for and shall be excused from any failure to perform its our obligations under in this Agreement due to causes beyond its our reasonable control, including acts of God, communications failure, theft, destruction or unauthorised access to BEE123’s records, programs or services. Any undertakings or warranties provided in this clause 8 7 shall be unenforceable and shall not apply to any non- non-compliance which does not have a material effect on functionality and/or levels of service, nor shall it be enforceable or apply to the extent that any non- non-compliance arose or was exacerbated by any: 8.8.1. use of the BEE123 Portal or the Services other than in accordance with this Agreement; or 8.8.2. circumstances beyond BEE123’s reasonable control, including any interruption to or failure of any web site, computer or telecommunications or utilities services not provided by BEE123, including : the Internet. 8.97.9. If the Client believes the you believe our provision of the BEE123 Portal does not conform to the undertakings above, it you should notify BEE123 us by e-mail email at xxxxxxx@xxx000.xx.xx. 8.107.10. The remedies provided under this clause 8 7 are the Client’s your sole and exclusive remedies in the event of a breach of BEE123’s the undertakings or our obligations under this Agreement. 8.117.11. The Client acknowledges that You acknowledge that, no oral or written communications by or on our behalf of BEE123 shall create a warranty or in any way increase the scope of the undertakings set out in this Agreement. 8.127.12. BEE123We, its our Affiliates and/or Contractors will not, under any circumstances, be liable for any damages of any kind arising from the use of the BEE123 Portal or the Services, or any part thereof, or the unavailability of the same, including: 8.12.17.12.1. lost income, lost profits or lost business, wasted time, anticipated savings, lost goodwill, third party costs and charges, loss of business information, loss of data or any business interruption, in each case whether caused directly or indirectly;; or 8.12.27.12.2. any circumstances arising out of or in connection with the Internet, any third party or the Client’s your telecommunication service(s) service, third party or your computer system(s)system, and/or associated or supporting systems not provided by BEE123 us and used by the Client or its End Users you to use or otherwise access the BEE123 Portal and/or the Services, including any third-party middleware, systems, platforms or the like into which the BEE123 Portal and/or the Services have been integrated or with which the BEE123 Portal and/or the Services have been combined; or; 8.12.37.12.3. any indirect, consequential, incidental, punitive or special damagesdamage, however caused and whether arising under contract, delict (including negligence), statute or otherwise, even if BEE123 we knew or ought to have known of such potential liability. 8.137.13. Subject to the limitation and exclusions set out in this clause 87, BEE123’s our (and that of any Affiliates or ContractorsAffiliate's and Contractor’s) total aggregate aggregated liability, whether in contract, warranty, delict/tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, shall not exceed the amount of charges actually paid by the Client you to use the BEE123 Portal in the 12 (twelve) month period prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 8 7 has been calculated to be proportionate to the charges paid by the Client you to use the BEE123 Portal and/or the Services and takes into account the fact that it is not within BEE123’s our control how and for what purposes the Client uses you use the BEE123 Portal and/or the Services. 8.147.14. The Client agrees You agree to defend, indemnify and hold BEE123 us harmless, as well as its our Affiliates, licensors, employees, agents, sponsors, third-party information providers and Contractors, against any and all claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to your registration or use of the BEE123 Portal and/or the Services by its End Users (including any information disclosed you disclose in any dealings they you have with any other user of the BEE123 Portal), any information provided thereon on which the Client you may rely, the Client’s your conduct, its your use of or inability to use the BEE123 Portal and/or the Services, the Client’s your failure to perform any of its your obligations in terms of this Agreement, the Client’s your breach or alleged breach of this Agreement or of any representation or warranty contained herein, the Client’s your unauthorised use of the BEE123 Portal, any reliance on any BEE certificate or other document or information provided by you or on behalf of the Clientyour behalf, any fraudulent or criminal acts on the your part of the Client or its End Users (including the falsification of any documents), or the Client’s your violation of any rights of another personanother. 8.157.15. In no event shall BEE123we, its our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, delict/tort (including negligence) or otherwise, arising out of or in any way connected with the use of the BEE123 Portal, the Services, information or materials contained in or accessed through the BEE123 Portal or the Services, including any damages caused by or resulting from the Client’s your reliance on any information obtained from BEE123us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance. 8.167.16. BEE123 We shall not be liable to the Client you or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, and the Client you hereby expressly indemnifies indemnify BEE123 against any claims in respect of such loss or damage resulting from or related to the Client’s your use of or inability to use the BEE123 Portal, the Services, information or materials contained in or accessed through the BEE123 Portal or the Services: (i) any fact or circumstance beyond BEE123’s our reasonable control; (ii) any breakdown in the service provided by any Internet service provider (including a communications link line failure); (iii) the performance or unavailability of the BEE123 Portal or the Services (including any system errors or errors in calculation resulting from or relating to the BEE123 Portal or the Services), or any other web site or database to which it is connected; (iv) any suspension or interruption in the provision of access to the BEE123 Portal or the Services; (v) any breach of privacy or security by any person or entity; (vi) the loss, damage, destruction, theft, contamination or corruption of any data, User Details or content accessible by means of the BEE123 Portal or the Services; (vii) the preservation and integrity of any text or any other form of data, User Details or information or material which is contained on or accessible from the BEE123 BEE23 Portal or the Services; (viii) any publication or use of any User Details or information or material which is contained on or accessible from the BEE123 BEE23 Portal or the Services; or (ix) its your access to the Internet, the BEE123 Portal or the Services.

Disclaimers and Liabilities. 8.17.1. The This BEE123 Portal is provided on an “"as is” " basis, and BEE123 we and its our directors, members, employees, content providers, agents, Affiliates and Contractors exclude, to the fullest extent permitted by applicable law, any warranty of any kind, kind whether express or implied, including warranties of satisfactory quality, fitness for a particular purpose, non-infringement, title, security and compatibility. It is the Client’s your sole responsibility to satisfy itself yourself prior to entering into this Agreement that the Services and the BEE123 Portal will meet its your individual requirements and be compatible with its your hardware and/or software. The functions embodied on or in the materials of the BEE123 Portal or the Services are not warranted to be uninterrupted or without error, and BEE123 does we do not warrant that any results of use will be correct, accurate or reliable, or that any defects in the BEE123 Portal or Services can or will be corrected. The ClientYou, not BEE123us, assumes assume the entire cost of all necessary servicing, repair or correction due to the your use of the BEE123 Portal or the Services by the Client and its End UsersServices. 8.27.2. Subject to clauses 3, 4, 7 and 8 and 9 and the Client’s your compliance with the terms of this Agreement, BEE123 we will use reasonable endeavours to ensure that the BEE123 Portal will give the functionality and levels of service as described on the BEE123 Portal, when used in accordance with this Agreement and BEE123’s our requirements and directions (as made available on the BEE123 Portal or notified to the Client you in writing) from time to time. 8.37.3. BEE123 We will use reasonable endeavours to keep the BEE123 Portal and Services available at all times, however, BEE123 does we do not warrant that the BEE123 Portal will be continuously available, or that the Client’s your use of BEE123 Portal or the Services will be uninterrupted or error-free, or that BEE123’s server(s) our server will be free from attack. 8.47.4. While BEE123 we will use reasonable efforts to ensure that all information it provides we provide on the BEE123 Portal and/or Services is correct and complete at the time of the last update to the relevant Pagepage, BEE123 makes we make no representations or warranties as to such information’s accuracy, adequacy, correctness, quality or reliability. The Client bears You bear all risks from any use or results of using any information or the Services and are solely responsible for validating the integrity of any information received from the BEE123 Portal and the Services. 8.57.5. BEE123 does We do not warrant, whether expressly express or impliedlyimplied, that the BEE123 Portal, the Services or any applications, downloads or files available via the BEE123 Portal or Services are free of viruses, worms, trojans, bombs, time locks or any other data or code which has the ability to corrupt or affect the operation of the user’s 's system. 8.67.6. No advice or opinion expressed on the BEE123 Portal should be regarded as professional advice and users are advised to seek professional advice before placing reliance on any opinion given in the BEE123 Portal or through the Services. 8.77.7. BEE123We, its our Affiliates and/or Contractors will not, under any circumstances, be liable for any damages of any kind arising from: 8.7.17.7.1. BEE123’s our use of or reliance on any information or documentation provided by you or on behalf of the Clientyour behalf, including any BEE certificates or other verification. The Client You hereby warrants warrant that any such information or documentation provided by you or on your behalf of the Client is accurate, correct and has been lawfully obtained; or 8.7.27.7.2. any data capture errors. 8.87.8. BEE123 We shall not be liable for and shall be excused from any failure to perform its our obligations under in this Agreement due to causes beyond its our reasonable control, including acts of God, communications failure, theft, destruction or unauthorised access to BEE123’s records, programs or services. Any undertakings or warranties provided in this clause 8 7 shall be unenforceable and shall not apply to any non- non-compliance which does not have a material effect on functionality and/or levels of service, nor shall it be enforceable or apply to the extent that any non- non-compliance arose or was exacerbated by any: 8.8.17.8.1. use of the BEE123 Portal or the Services other than in accordance with this Agreement; or 8.8.2. circumstances or 7.8.2.circumstances beyond BEE123’s reasonable our control, including any interruption to or failure of any web site, computer or computer, telecommunications or utilities services and/or electric service not provided by BEE123us, including the Internet. 8.97.9. If the Client believes the you believe our provision of the BEE123 Portal does not conform to the undertakings above, it you should notify BEE123 us by e-mail email at xxxxxxx@xxx000.xx.xx. 8.107.10. The remedies provided under this clause 8 7 are the Client’s your sole and exclusive remedies in the event of a breach of BEE123’s the undertakings or our obligations under this Agreement. 8.117.11. The Client acknowledges that You acknowledge that, no oral or written communications by or on our behalf of BEE123 shall create a warranty or in any way increase the scope of the undertakings set out in this Agreement. 8.127.12. BEE123We, its our Affiliates and/or Contractors will not, under any circumstances, be liable for any damages of any kind arising from the use of the BEE123 Portal or the Services, or any part thereof, or the unavailability of the same, including: 8.12.17.12.1. lost income, lost profits or lost business, wasted time, anticipated savings, lost goodwill, third party costs and charges, loss of business information, loss of data or any business interruption, in each case whether caused directly or indirectly;; or 8.12.27.12.2. any circumstances arising out of or in connection with the Internet, any third party or the Client’s your telecommunication service(s) service, third party or your computer system(s)system, and/or associated or supporting systems not provided by BEE123 us and used by the Client or its End Users you to use or otherwise access the BEE123 Portal and/or the Services, including any third-party middleware, systems, platforms or the like into which the BEE123 Portal and/or the Services have been integrated or with which the BEE123 Portal and/or the Services have been combined; or; 8.12.37.12.3. any indirect, consequential, incidental, punitive or special damagesdamage, however caused and whether arising under contract, delict (including negligence), statute or otherwise, even if BEE123 we knew or ought to have known of such potential liability. 8.137.13. Subject to the limitation and exclusions set out in this clause 87, BEE123’s our (and that of any Affiliates or ContractorsAffiliate's and Contractor’s) total aggregate aggregated liability, whether in contract, warranty, delict/tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, shall not exceed the amount of charges actually paid by the Client you to use the BEE123 Portal in the 12 (twelve) month period prior to the date the circumstances causing such liability first arose. The limitation of liability in this clause 8 7 has been calculated to be proportionate to the charges paid by the Client you to use the BEE123 Portal and/or the Services and takes into account the fact that it is not within BEE123’s our control how and for what purposes the Client uses you use the BEE123 Portal and/or the Services. 8.147.14. The Client agrees You agree to defend, indemnify and hold BEE123 us harmless, as well as its our Affiliates, licensors, employees, agents, sponsors, third-party information providers and Contractors, against any and all claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to your registration or use of the BEE123 Portal and/or the Services by its End Users (including any information disclosed you disclose in any dealings they you have with any other user of the BEE123 Portal), any information provided thereon on which the Client you may rely, the Client’s your conduct, its your use of or inability to use the BEE123 Portal and/or the Services, the Client’s your failure to perform any of its your obligations in terms of this Agreement, the Client’s your breach or alleged breach of this Agreement or of any representation or warranty contained herein, the Client’s your unauthorised use of the BEE123 Portal, any reliance on any BEE certificate or other document or information provided by you or on behalf of the Clientyour behalf, any fraudulent or criminal acts on the your part of the Client or its End Users (including the falsification of any documents), or the Client’s your violation of any rights of another personanother. 8.157.15. In no event shall BEE123we, its our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, delict/tort (including negligence) or otherwise, arising out of or in any way connected with the use of the BEE123 Portal, the Services, information or materials contained in or accessed through the BEE123 Portal or the Services, including any damages caused by or resulting from the Client’s your reliance on any information obtained from BEE123us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance. 8.167.16. BEE123 We shall not be liable to the Client you or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, and the Client you hereby expressly indemnifies indemnify BEE123 against any claims in respect of such loss or damage resulting from or related to the Client’s your use of or inability to use the BEE123 Portal, the Services, information or materials contained in or accessed through the BEE123 Portal or the Services: (i) any fact or circumstance beyond BEE123’s our reasonable control; (ii) any breakdown in the service provided by any Internet service provider (including a communications link line failure); (iii) the performance or unavailability of the BEE123 Portal or the Services (including any system errors or errors in calculation resulting from or relating to the BEE123 Portal or the Services), or any other web site or database to which it is connected; (iv) any suspension or interruption in the provision of access to the BEE123 Portal or the Services; (v) any breach of privacy or security by any person or entity; (vi) the loss, damage, destruction, theft, contamination or corruption of any data, User Details or content accessible by means of the BEE123 Portal or the Services; (vii) the preservation and integrity of any text or any other form of data, User Details or information or material which is contained on or accessible from the BEE123 BEE23 Portal or the Services; (viii) any publication or use of any User Details or information or material which is contained on or accessible from the BEE123 BEE23 Portal or the Services; or (ix) its your access to the Internet, the BEE123 Portal or the Services.