Liabilities of the Issuer. 1. The Issuer shall not be liable for any unauthorized transactions in the account(s) through the use of MPay Portal and MPay Wallet Services which can be attributed to the fraudulent or negligent conduct of the User.
Liabilities of the Issuer. (a) The Issuer shall indemnify each Agent (on an after tax basis) against any Liability (including, but not limited to, all properly incurred costs, legal fees, charges and expenses (together, Expenses) paid or incurred in disputing or defending any Liability, including amounts in respect of Irrecoverable VAT incurred thereon) which such Agent may incur under this Agreement except to the extent that any Liability or Expenses result from the wilful default, gross negligence or fraud of such Agent or that of its officers, directors or employees save that this indemnity shall not extend to any Tax imposed on or calculated by reference to the fees, charges, commissions or other remuneration payable to any Agent. Such indemnity will survive the termination (whether by resignation or removal of the Agents) or expiry of this Agreement.
Liabilities of the Issuer. (a) The Issuer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by it herein. The Issuer Certificate Agent on behalf of the Issuer shall immediately deposit with the Note Trustee for credit to the Note Collection Account any funds the Issuer may receive in respect of payments on any Contributed Security due after the Cut-off Date.
Liabilities of the Issuer. The NFT Purchaser acknowledges and agrees that, to the fullest extent permitted by applicable law, the disclaimers of liability contained in these Terms apply to all damages or injury whatsoever caused by or related to: • Use of, respectively the inability to use AMAZE NFTs; • Complications arising from the use or the inability to use the personal wallet used to receive the AMAZE NFTs. The application to set up a private wallet falls within the exclusive liability of all NFT Purchasers. The Issuer cannot be held liable for any inconveniences that arise from the use of any wallets obtained by the NFT Purchasers; • Gas fees. The NFT Purchaser is obligated to keep track of the current Gas prices and make sure that he has enough funds at his disposal to satisfy the respective Gas fees due. Gas fees may arise. It may be the case that such Gas fees exceed the value of the transaction intended to be conducted. The Issuer cannot be held liable for any changes of Gas fees associated with the transaction of AMAZE NFTs. The Issuer may furthermore not be held liable for any circumstances arising due to the fact that NFT Purchaser does not dispose of enough funds to satisfy the amount of Gas fees due and therefore is not able to conduct the favoured transaction; • The Issuer under any cause or action whatsoever including but not limited to actions for breach of warranty, breach of contract or tort; • Indirect, incidental, special, exemplary or consequential damages including for loss of profits, goodwill or data; • Damages or interferences arising out of any interactions with the smart contract implemented in relation to AMAZE NFTs; • Losses of the AMAZE NFTs for whatever reason; and • Tax liabilities arising to the NFT Purchaser. All NFT Purchasers are exclusively responsible for the determination of their own tax duties with respect to the cause of their emergence, their extent and their settlement. The Issuer cannot be held liable for any misinformation and defaulted transmission of facts that the NFT Purchaser owes to any national authority. The Issuer cannot be held liable for any misinformation provided by the NFT Purchaser. In particular, the Issuer may not be held liable for any loss of AMAZE NFTs due to: • Wrong or bad wallet address provided by the NFT Purchaser used for receiving or withdrawals or transferring NFTs; • False network wallet address provided by the NFT Purchaser; and • Loss of wallet keys by the NFT Purchaser. The Issuer’s aggregate liability i...
