Common use of Indemnity and Exclusion of Liability Clause in Contracts

Indemnity and Exclusion of Liability. 10.1. Access to the Service may be affected by factors outside our control such as system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors. We will use all reasonable efforts to ensure that Your Loan Requests are processed in a timely manner and in accordance with the requirements of the law. Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service. 10.2. In return for the provision of the Services by ourselves, You agree to protect us and absolve us against any law suits, losses, charge, damage, liability, expense (including legal fees), fee or claim that we may suffer, incur or otherwise as a result of our provision of the Services to You. The protection and absolution You provide also includes any claim made by a third party against us that may result from You being in breach of these terms and conditions. 10.3. While we will make every commercially reasonable effort to ensure that You receive proper Service, we will not be responsible to You or to any other person claiming under You for any losses or damage, regardless of the nature in connection with the following unless procured through our own willful default or fraud: 10.3.1. a failure, malfunction, interruption or unavailability of the USSD System, Your mobile phone apparatus, the Network or the M-PESA System or the unavailability or any delays in disbursement of the Loan Amount; 10.3.2. Your failure to use or to give proper or complete instructions using the USSD System; 10.3.3. any fraudulent or illegal use of the Service, the USSD System, the M-PESA System and/or Your mobile phone apparatus; 10.3.4. any loss that may arise as a result of any negligence on Your part including revealing Your Service PIN to a third party 10.3.5. Your failure to comply with these Terms and Conditions; or 10.3.6. other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the M-PESA System, the USSD System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes. 10.4. We will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us. 10.5. We exclude any warranty and obligations that are implied by law and not set out in this Agreement to the extent that we are permitted by law. 10.6. In the event of any liability arising under these terms and conditions as a result of which we are found legally responsible You agree that our maximum aggregate liability to You or to any other person shall be limited to the Loan Amount outstanding at the time such liability arose.

Indemnity and Exclusion of Liability. 10.1. Access to the Service may be affected by factors outside our control such as system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors. We will use all reasonable efforts to ensure that Your Loan Requests are processed in a timely manner and in accordance with the requirements of the law. Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service. 10.2. In return for the provision of the Services by ourselves, You agree to protect us and absolve us against any law suits, losses, charge, damage, liability, expense (including legal fees), fee or claim that we may suffer, incur or otherwise as a result of our provision of the Services to You. The protection and absolution You provide also includes any claim made by a third party against us that may result from You being in breach of these terms and conditions. 10.3. While we will make every commercially reasonable effort to ensure that You receive proper Service, we will not be responsible to You or to any other person claiming under You for any losses or damage, regardless of the nature in connection with the following unless procured through our own willful wilful default or fraud: 10.3.1. 10.3.1 a failure, malfunction, interruption or unavailability of the USSD System, Your mobile phone apparatus, the Network or the M-PESA System or the unavailability or any delays in disbursement of the Loan Amount; 10.3.2. 10.3.2 Your failure to use or to give proper or complete instructions using the USSD System; 10.3.3. 11.3.3 any fraudulent or illegal use of the Service, the USSD System, the M-PESA System and/or Your mobile phone apparatus; 10.3.4. 10.3.4 any loss that may arise as a result of any negligence on Your part including revealing Your Service PIN to a third party 10.3.5. 10.3.5 Your failure to comply with these Terms and Conditions; or 10.3.6. 10.3.6 other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the M-PESA System, the USSD System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes. 10.4. We will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us. 10.5. We exclude any warranty and obligations that are implied by law and not set out in this Agreement to the extent that we are permitted by law. 10.6. In the event of any liability arising under these terms and conditions as a result of which we are found legally responsible You agree that our maximum aggregate liability to You or to any other person shall be limited to the Loan Amount outstanding at the time such liability arose.

Indemnity and Exclusion of Liability. 10.18.1. Access to the Service may be affected by factors outside our control such as system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors. We will use all reasonable efforts to ensure that Your Loan your Lump Sum Amounts Requests are processed in a timely manner and in accordance with the requirements of the law. Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service. 10.28.2. In return for the provision of the Services by ourselves, You you agree to protect us and absolve us against any law suits, losses, charge, damage, liability, expense (including legal fees), fee or claim that we may suffer, incur or otherwise as a result of our provision of the Services to Youyou. The protection and absolution You you provide also includes any claim made by a third party against us that may result from You you being in breach of these terms and conditions. 10.38.3. While we will make every commercially reasonable effort to ensure that You you receive proper Service, we will not be responsible to You you or to any other person claiming under You you for any losses or damage, regardless of the nature in connection with the following unless procured through our own willful wilful default or fraud: 10.3.1. 8.3.1 a failure, malfunction, interruption or unavailability of the USSD System, Your mobile phone apparatus, the Network or the M-PESA System or the unavailability or any delays in disbursement of the Loan Lump Sum Amounts Amount; 10.3.2. 8.3.2 Your failure to use or to give proper or complete instructions using the USSD System; 10.3.3. any 8.3.3 Any fraudulent or illegal use of the Service, the USSD System, the M-PESA System and/or Your your mobile phone apparatus; 10.3.4. 8.3.4 any loss that may arise as a result of any negligence on Your your part including revealing Your Service PIN to a third party 10.3.5. Your 8.3.5 your failure to comply with these Terms and Conditions; or 10.3.6. 8.3.6 other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the M-PESA jenga System, the USSD System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, lack of available resources, strikes or labour labor disputes. 10.48.4. We will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us. 10.58.5. We exclude any warranty and obligations that are implied by law and not set out in this Agreement to the extent that we are permitted by law. 10.68.6. In the event of any liability arising under these terms and conditions as a result of which we are found legally responsible You you agree that our maximum aggregate liability to You you or to any other person shall be limited to the Loan Lump Sum Amounts Amount outstanding at the time such liability arose.

Indemnity and Exclusion of Liability. 10.1. Access to the Service may be affected by factors outside our control such as system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors. We will use all reasonable efforts to ensure that Your Loan Requests are processed in a timely manner and in accordance with the requirements of the lawbased on credit scoring offered periodically and randomly. Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service. 10.2. In return for the provision of the Services by ourselves, You you agree to protect us and absolve us against any law suits, losses, charge, damage, liability, expense (including legal fees), fee or claim that we may suffer, incur or otherwise as a result of our provision of the Services to You. The protection and absolution You provide also includes any claim made by a third party against us that may result from You being in breach of these terms and conditionsConditions Of Use. 10.3. While we will make every commercially reasonable effort to ensure that You receive proper Service, we will not be responsible to You or to any other person claiming under You for any losses or damage, regardless of the nature in connection with the following unless procured through our own willful default or fraud: 10.3.1. a A failure, malfunction, interruption or unavailability of the USSD Designated System, Your mobile phone apparatus, the Network or the M-PESA System or the unavailability or any delays in disbursement of the Loan Amount; 10.3.2. Your failure to use or to give proper or complete instructions using the USSD System; 10.3.3. any Any fraudulent or illegal use of the Service, the USSD System, the M-PESA System and/or Your mobile phone apparatusdevices; 10.3.4. any Any loss that may arise as a result of any negligence on Your part including revealing Your Service PIN to a third party 10.3.5. Your failure to comply with these Terms and ConditionsConditions Of Use; or 10.3.6. other Other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the M-PESA Pesa System, the USSD System, terrorist or any enemy enemy/competitor action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, lack of available resources, strikes or labour labor disputes. 10.4. We will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us. 10.5. We exclude any warranty and obligations that are implied by law and not set out in this Agreement to the extent that we are permitted by law. 10.6. In the event of any liability arising under these terms and conditions Conditions Of Use as a result of which we and or third part engaged to provide the service are found legally responsible You agree that our maximum aggregate liability to You or to any other person shall be limited to the Loan Amount outstanding at the time such liability arose. 10.7. We shall not become liable to you for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with your application for or your use of the Service 10.8. Consignor or Bank or M-Pesa Limited shall not become liable to you for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with your application for or your use of the Services