Common use of Exclusion of warranties etc Clause in Contracts

Exclusion of warranties etc. (a) The Software is provided “as is”. Except as expressly provided in this agreement, HosPortal excludes all representations and warranties, of any nature, in relation to the Software to the maximum extent permitted by law. HosPortal specifically disclaims all implied warranties, including warranties of merchantability, non-infringement and fitness for a particular purpose. (b) Without limiting clause 3.7(a), HosPortal does not warrant that the use of the Software will be uninterrupted or error free. (c) Without limiting clause 3.7(a): (i) HosPortal does not warrant that any Customer Data will not be lost or destroyed. The Customer acknowledges that HosPortal has advised it to ensure that it keeps a copy of the Customer Data; (ii) the Customer acknowledges that the Software relies on a network of other cloud based software, including cloud based software provided by third parties and that, during any period of failure of any of that other software, the Software will not be available for use by the Customer or the Users; and (iii) the Customer agrees that HosPortal may undertake maintenance of its systems, network and infrastructure which prevents the use of the Software by the Customer and the Users during the Term. Where practicable, HosPortal will undertake this maintenance during periods identified to be of low activity (for example, outside of normal business hours on a Business Day or on days other than Business Days).