LIABILITY AND DISCLAIMERS. Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability: • For death or personal injury caused by our negligence; • For fraud or fraudulent misrepresentation; or • For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any: • loss of income or revenue; • loss of business; • loss of profits or contracts; • loss of anticipated savings; • loss of data; and • waste of management or office time. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
LIABILITY AND DISCLAIMERS. Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, including (without limit) for any:
LIABILITY AND DISCLAIMERS. The maximum extent permitted by law: (i) all representations, warranties and undertakings, including those implied by statute or otherwise, are hereby excluded including, without limitation, all representations, warranties and undertakings in relation to any AgentIQ services, information and materials contained or accessible through the Platform (including, without limitation, in relation to their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose) and all representations, warranties and undertakings that the Platform will be uninterrupted, timely, secure or error-free, and (ii) we accept no responsibility for the compliance of the Platform or the information contained in it with the laws of any country other than New Zealand. The Platform is provided on an “as is” and “as available” basis and your use of the Platform is at your sole risk. Neither we, nor any of our directors, employees, affiliate or representatives will be liable to you (or any other person affiliated with you or who may have an interest in AgentIQ services) for any: (i) direct, indirect, consequential, punitive, special or exemplary loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, good will, or (iii) loss of or damage to property, arising out of or in connection with your use or accessing of the Platform, notwithstanding that we may have had knowledge of the possibility of such loss or damages, or such loss or damages may have been reasonably foreseeable. You agree that if we are held responsible for any loss or damages, our total liability to you for all damages, losses and causes of action (whether in tort, contract or otherwise) shall be limited to the amount paid by you, if any, for the use of AgentIQ Services. If you are dissatisfied with AgentIQ or our services, your only remedy under these Terms shall be to discontinue your use of the AgentIQ services. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control. We shall under no circumstances whatever be liable to you, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and AgentIQ services. You agree to indemnify us and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits), claims and expenses of any kind, whether direct or indirect, which arise from...
LIABILITY AND DISCLAIMERS. 10.1. TourScanner shall have unrestricted liability for losses caused intentionally or with gross negligence by TourScanner, its legal representatives, or senior executives, and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance, TourScanner's liability shall be as set forth in the provisions for simple negligence in (10.2) below.
10.2. TourScanner shall have unrestricted liability for death, personal injury or damage to health caused by the intent or negligence of TourScanner. TourScanner shall further have unrestricted liability according to the provisions of the Product Liability Act.
10.3. TourScanner shall be liable for losses caused by the breach of its primary obligations by TourScanner, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Partner may rely. If TourScanner breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by TourScanner at the time the respective service was performed.
10.4. The System and Content are provided on an "as is" and on an "as available" basis. TourScanner shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.
10.5. TourScanner makes no express or implied warranties or representations of any kind with respect to the Service, the Booking System, the Platform, the Content or other items offered by TourScanner.
LIABILITY AND DISCLAIMERS. 2.1 Notwithstanding anything to the contrary contained in these terms, Catalyst Fund Managers shall not be liable to you or to any other person in respect of any loss or damage of whatsoever nature directly or indirectly caused by or arising from any of the following circumstances, and you hereby indemnify Catalyst Fund Managers against any claims in respect of such loss or damage:
LIABILITY AND DISCLAIMERS. 2.1 Notwithstanding anything to the contrary contained in these terms, the use of this website and its content is at your own risk. Catalyst Fund Managers shall not be liable to you or to any other person in respect of any loss or damage of whatsoever nature directly or indirectly caused by or arising from any of the following circumstances, and you hereby indemnify Catalyst Fund Managers against any claims in respect of such loss or damage: any fact or circumstance beyond the reasonable control of Catalyst Fund Managers; any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for whatever reason; any suspension or interruption in the provision of access by Catalyst Fund Managers; any breach of privacy or security by any person or entity; the loss, damage, destruction, theft, contamination or corruption of any data or content; the preservation and integrity of any text or any other data or content; any publication or use of any information, content, products or services which may be promoted, displayed on or associated with the Catalyst Fund Managers website or any other website which can be accessed from the Catalyst Fund Managers website however such loss or liability may occur, and whether such loss or liability is financial, personal, consequential, incidental or otherwise; your failure to perform any of your obligations in terms of this agreement, including but not limited to a failure to comply with any guideline set out in clause in 3.1. Without limiting the generality of the a foregoing, Catalyst Fund Managers shall not be liable for any damages, claim or liability including without limitation indirect, consequential or incidental loss suffered by you or any other person, whether arising from contract or delict or any other action, act or omission, and you hereby indemnify and hold Catalyst Fund Managers harmless against any such damages, claim or liability, including but not limited to loss of profits, loss of anticipated business and/or loss of goodwill. Catalyst Fund Managers advises that the content is obtained from various sources which Catalyst Fund Managers reasonably believes to be reliable. However, Catalyst Fund Managers does not, save where it is expressly stated on the Catalyst Fund Managers website, operate, control or endorse any content, products or service offered or accessible by means of the Catalyst Fund Managers website, and any ent...
LIABILITY AND DISCLAIMERS. 3.1 Service Provider acknowledges that Service Provider is solely responsible for Service Provider’s actions. Service Provider is not an employee, agent, contractor, or subcontractor of Scheduled Relief and Scheduled Relief assumes no liability for any act or omission of Service Provider either prior to or after a Clinic engages Service Provider.
3.2 Service Provider acknowledges that Scheduled Relief’s role is limited to supplying Clinics with Service Provider’s name and information specified in Section 1.2 for a Clinic’s consideration. Service Provider is solely responsible for all decisions to provide services to a Clinic. Scheduled Relief makes no representation or guaranty that a Clinic will offer to engage Service Provider.
3.3 Service Provider understands there is no charge to Service Provider for adding Service Provider to Scheduled Relief’s list of available Veterinary Service Providers and providing Service Provider’s name to Clinics requesting a Veterinary Service Provider.
3.4 Service Provider acknowledges that Clinics are solely responsible for Clinic’s actions and the actions of their employees, contractors and agents. Scheduled Relief assumes no liability for any act or omission of a Clinic either prior to or after a Clinic engages Service Provider.
3.5 Service Provider acknowledges and agrees that although Scheduled Relief may assist in the referral or introduction of Service Provider to a Clinic, Scheduled Relief cannot predict a Clinic’s suitability. Service Provider further acknowledges and agrees that Scheduled Relief does not guarantee payment by a Clinic, and any collection of such payment is exclusively the responsibility of the Service Provider. Only Service Provider can assess whether Service Provider should perform services for a Clinic.
3.6 Servicer Provider understands that in connection with a request from a Clinic, Scheduled Relief will post such available shifts on its website (as described more fully in the attached “Services & Procedures” description). Scheduled Relief makes no representations or guarantees to Service Provider that the Service Provider will be selected to fill any shift. Accordingly, Service Provider agrees that Scheduled Relief shall not be liable for the failure of Service Provider to be selected to fill any shift by a Clinic, for any reason.
3.7 Service Provider hereby unconditionally releases and agrees to hold Scheduled Relief and Scheduled Relief’s Affiliates harmless from any act of nonfeasance, misf...
LIABILITY AND DISCLAIMERS. 5.1 Supplier acknowledges that the early payment service contemplated by this Addendum is entirely optional and requested by the Supplier at its sole discretion. Xxxxxxxxx.xxx has no liability of any nature whatsoever to Supplier in relation to the matters contemplated hereby, regardless of the cause of action (including breach of contract, breach of warranty, strictly liability or negligence, including without limitation for failing to provide the early payment service or not paying the Qualifying Invoices early). To the fullest extent permitted by law, Xxxxxxxxx.xxx assumes no responsibility for and specifically disclaims any liability or obligation in relation thereto. In particular, but without limitation, Supplier agrees that Xxxxxxxxx.xxx is not liable for any late payment interest or any other penalties whether express or implied for failing to pay the Qualifying Invoices early. Supplier hereby waives any rights to bring any claim of any nature whatsoever against Xxxxxxxxx.xxx in relation to this Addendum and/or the matters contemplated hereby whether in contract, tort or otherwise.
5.2 Xxxxxxxxx.xxx makes no warranty or representation of any kind in respect of the early payment service contemplated by this Addendum and all warranties, representations and conditions whether express or implied by statute, common law or otherwise are excluded and disclaimed to the fullest extent permitted by law.
5.3 The Third Party (and not Xxxxxxxxx.xxx) provides the SaaS Services and Xxxxxxxxx.xxx is therefore not responsible for them. Xxxxxxxxx.xxx assumes no responsibility for and specifically disclaims any liability or obligation with respect to the SaaS Services and/or any acts or omissions of the Third Party and to the fullest extent permitted by applicable law, disclaims any liability, warranties or representations whether express or implied in fact or by operation of law or statutory in relation thereto (including, without limitation, breach of contract, tort, loss of data or otherwise and/or the privacy or security practices and policies of the Third Party and/or functionality and/or SaaS Services provided by the Third Party.) Without limiting the foregoing, to the maximum extent permitted under applicable law, Xxxxxxxxx.xxx and the Third Party makes no (and hereby disclaims all) warranties, representations, or conditions, whether written, oral, express, implied (in contract or tort or otherwise) or statutory, including any implied warranties of merchantabi...
LIABILITY AND DISCLAIMERS. 8.1 EXCEPT FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE; (II) EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; (III) CUSTOMER’S VIOLATION OF MAD REPORTING GMBH’S INTELLECTUAL PROPERTY RIGHTS; OR
LIABILITY AND DISCLAIMERS. 8.1 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
8.2 During repairs, some or all of Your stored data, if any, may be lost. You must ensure that any data is saved elsewhere prior to repairs.
8.3 Except as the Terms state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
8.4 Except to the extent of any liability under the ACL, We are not liable:
(a) to You or any third party for any failure of a statutory guarantee
(b) for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused.
8.5 Nothing in the Terms excludes, restricts or modifies the application of any State or Federal legislation which cannot be excluded, restricted or modified.
