Common use of Limitation of Liability; No Warranties Clause in Contracts

Limitation of Liability; No Warranties. 1. Kasih AP Gold, its agents, employees, or officers, shall under no circumstances be liable: i. to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; ii. for any special, general, direct, indirect, incidental or consequential damages, even if we had been advised of the possibility thereof; iii. for any fees, duties, taxes, or loss as a result of theft or any other loss of gold after it has been removed from the Vault at your request for delivery or collection; iv. for any damages resulting from latent defect, loss of data or loss of profits; v. for any damages resulting from any of your instructions not being sufficiently clear or any failure by you to provide correct or requested information; vi. for any loss as a result of risks associated with online trading, including software and hardware failure latent defect, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties; vii. for any penalties, fees, interest, costs or damages imposed upon or incurred by you with respect to any transfers or payments, or for our inability to retrieve electronic payments from accounts held at financial institutions. 2. Kasih AP Gold will not be in breach of this Agreement or otherwise liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any obligations under this Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to: i. Force Majeure; or ii. neglect, serious fault or wilful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies. 3. In case of Force Majeure, we will use our reasonable endeavours to mitigate the effect of the Force Majeure and to carry out our obligations under this Agreement in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify you of the nature and extent of the circumstances giving rise to Force Majeure. If the Force Majeure in question prevails for a continuous period in excess of six (6) months after the date on which the Force Majeure begins, you shall be entitled to give notice to us to terminate this Agreement in accordance with clause 13. 4. In the case of market distortion, volatile markets, systems (including third party systems upon which Kasih AP Gold is reliant) being hacked, and market disruption, Kasih AP Gold reserves the right to adjust an order if the metal and currency quotes received from Kasih AP Gold’s data source, when the order was placed, is found to be incorrect. Kasih AP Gold will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to trade on the corrected market rate. 5. Our total liability to you in respect of any losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Kasih AP Gold Wallet at the time of the alleged claim, subject always to a maximum liability limit of $10 (ten) United States dollars or equivalent. 6. Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to determine your balance on the Kasih AP Gold Platform. 7. If you grant express permission for a third party to connect to your Kasih AP Gold Wallet, either through the third party’s product or through the Kasih AP Gold Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Kasih AP Gold responsible for, and will indemnify Kasih AP Gold from, any liability arising from the actions or omissions of this third party in connection with the permissions you grant. 8. Kasih AP Gold shall not be responsible for any loss or damages resulting from any failure on your part to conduct appropriate due diligence on parties with whom you choose to deal. You accept that you may make and receive payments from other Kasih AP Gold users and understand that Kasih AP Gold does not accept liability for the fraudulent or misleading actions of parties to whom you make and from whom you receive payments. It is your entire responsibility to conduct appropriate due diligence and your choice whether or not to make a payment or agree to receive a payment in return for goods or services. 9. You will not be held responsible for any fraudulent transactions on your Kasih AP Gold Wallet directly resulting from: i. fraudulent, or grossly negligent acts committed by us; or ii. a breach of security of the Kasih AP Gold Platform except where such transactions resulted from the misuse of your Password. 10. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KASIH AP GOLD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 11. This clause 11 shall survive termination of the Agreement or closure of any Kasih AP Gold Wallet.

Limitation of Liability; No Warranties. 1. Kasih AP GoldKasihgold, its agents, employees, or officers, shall under no circumstances be liable: i. to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; ii. for any special, general, direct, indirect, incidental or consequential damages, even if we had been advised of the possibility thereof; iii. for any fees, duties, taxes, or loss as a result of theft or any other loss of gold after it has been removed from the Vault at your request for delivery or collection; iv. for any damages resulting from latent defect, loss of data or loss of profits; v. for any damages resulting from any of your instructions not being sufficiently clear or any failure by you to provide correct or requested information; vi. for any loss as a result of risks associated with online trading, including software and hardware failure latent defect, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties; vii. for any penalties, fees, interest, costs or damages imposed upon or incurred by you with respect to any transfers or payments, or for our inability to retrieve electronic payments from accounts held at financial institutions. 2. Kasih AP Gold Kasihgold will not be in breach of this Agreement or otherwise liable for liablefor any loss suffered or incurred as a result of any delay in performance or any non-performance of any obligations under this Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to: i. Force Majeure; or ii. neglect, serious fault or wilful willful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies. 3. In case of Force Majeure, we will use our reasonable endeavours endeavors to mitigate the effect of the Force Majeure and to carry out our obligations under this Agreement in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify you of the nature and extent of the circumstances giving rise to Force Majeure. If the Force Majeure in question prevails for a continuous period in excess of six (6) months after the date on which the Force Majeure begins, you shall be entitled to give notice to us to terminate this Agreement in accordance with clause 13. 4. In the case of market distortion, volatile markets, systems (including third party systems upon which Kasih AP Gold Kasihgold is reliant) being hacked, and market disruption, Kasih AP Gold Kasihgold reserves the right to adjust an order anorder if the metal and currency quotes received from Kasih AP GoldKasihGold2u’s data source, when the order was placed, is found to be incorrect. Kasih AP Gold Kasihgold will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to wantto trade on the corrected market rate. 5. Our total liability to you in respect of any losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Kasih AP Gold Wallet Kasihgold Account at the time thetime of the alleged claim, subject always to a maximum liability limit of $10 Rm10 (ten) United States dollars Malaysian Ringgit or equivalent. 6. Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to determine your balance on the Kasih AP Gold Kasihgold Platform. 7. If you grant express permission for a third party to connect to your Kasih AP Gold WalletKasihgold Account, either through the third party’s product or through the Kasih AP Gold Kasihgold Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Kasih AP Gold responsible forKasihgold responsiblefor, and will indemnify Kasih AP Gold Kasihgold from, any liability arising from the actions theactions or omissions of this third party in connection with the permissions you grant. 8. Kasih AP Gold Kasihgold shall not be responsible for any loss or damages resulting from any failure on your part to conduct appropriate due diligence on parties with whom you choose to deal. You accept that you may make and receive payments from other Kasih AP Gold Kasihgold users and understand that Kasih AP Gold Kasihgold does not accept liability for the fraudulent or misleading actions of parties to whom you make and from whom you receive payments. It is your entire responsibility to conduct appropriate due diligence and your choice whether or not to make a payment or agree oragree to receive a payment in return for goods or services. 9. You will not be held responsible for any fraudulent transactions on your Kasih AP Gold Wallet Kasihgold Account directly resulting from: i. fraudulent, or grossly negligent acts committed by us; or ii. a breach of security of the Kasih AP Gold Kasihgold Platform except where such transactions resulted from the misuse of your Password. 10. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KASIH AP GOLD DISCLAIMS KASIHGOLDDISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 11. This clause 11 shall survive termination of the Agreement or closure of any Kasih AP Gold Wallet.

Limitation of Liability; No Warranties. 1. Kasih AP Gold, its agents, employees, or officers, shall under no circumstances be liable: i. to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; ii. for any special, general, direct, indirect, incidental or consequential damages, even if we had been advised of the possibility thereof; iii. for any fees, duties, taxes, or loss as a result of theft or any other loss of gold after it has been removed from the Vault at your request for delivery or collection; iv. for any damages resulting from latent defect, loss of data or loss of profits; v. for any damages resulting from any of your instructions not being sufficiently clear or any failure by you to provide correct or requested information; vi. for any loss as a result of risks associated with online trading, including software and hardware failure latent defect, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties; vii. for any penalties, fees, interest, costs or damages imposed upon or incurred by you with respect to any transfers or payments, or for our inability to retrieve electronic payments from accounts held at financial institutions. 2. Kasih AP Gold will not be in breach of this Agreement or otherwise liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any obligations under this Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to: i. Force Majeure; or ii. neglect, serious fault or wilful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies. 3. In case of Force Majeure, we will use our reasonable endeavours to mitigate the effect of the Force Majeure and to carry out our obligations under this Agreement in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify you of the nature and extent of the circumstances giving rise to Force Majeure. If the Force Majeure in question prevails for a continuous period in excess of six (6) months after the date on which the Force Majeure begins, you shall be entitled to give notice to us to terminate this Agreement in accordance with clause 13. 4. In the case of market distortion, volatile markets, systems (including third party systems upon which Kasih AP Gold is reliant) being hacked, and market disruption, Kasih AP Gold reserves the right to adjust an order if the metal and currency quotes received from Kasih AP Gold’s data source, when the order was placed, is found to be incorrect. Kasih AP Gold will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to trade on the corrected market rate. 5. Our total liability to you in respect of any losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Kasih AP Gold Wallet Account at the time of the alleged claim, subject always to a maximum liability limit of $10 Rm10 (ten) United States dollars Malaysian Ringgit or equivalent. 6. Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to determine your balance on the Kasih AP Gold Platform. 7. If you grant express permission for a third party to connect to your Kasih AP Gold WalletAccount, either through the third party’s product or through the Kasih AP Gold Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Kasih AP Gold responsible for, and will indemnify Kasih AP Gold from, any liability arising from the actions or omissions of this third party in connection with the permissions you grant. 8. Kasih AP Gold shall not be responsible for any loss or damages resulting from any failure on your part to conduct appropriate due diligence on parties with whom you choose to deal. You accept that you may make and receive payments from other Kasih AP Gold users and understand that Kasih AP Gold does not accept liability for the fraudulent or misleading actions of parties to whom you make and from whom you receive payments. It is your entire responsibility to conduct appropriate due diligence and your choice whether or not to make a payment or agree to receive a payment in return for goods or services. 9. You will not be held responsible for any fraudulent transactions on your Kasih AP Gold Wallet Account directly resulting from: i. fraudulent, or grossly negligent acts committed by us; or ii. a breach of security of the Kasih AP Gold Platform except where such transactions resulted from the misuse of your Password. 10. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KASIH AP GOLD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 11. This clause 11 shall survive termination of the Agreement or closure of any Kasih AP Gold WalletAccount.

Limitation of Liability; No Warranties. 117.1. Kasih AP GoldTo the maximum extent permitted by law, Xxxx Xxxx, its agents, employees, or officers, shall will under no circumstances be liable: i. 17.1.1. to you, whether in contract, tortdelict, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; ii17.1.2. for any special, general, direct, indirect, incidental or consequential damages, even if we had been advised of the possibility thereof; iii17.1.3. for any fees, duties, taxes, or loss as a result of theft or any other loss of gold a Krugerrand after it has been removed from the Vault at your request for delivery or collection; iv17.1.4. for any damages resulting from latent defect, loss of data or loss of profits; v. 17.1.5. for any damages resulting from any of your instructions not being sufficiently clear or any failure by you to provide correct or requested information; vi17.1.6. for any loss as a result of risks associated with online trading, including software and hardware failure latent defectfailure, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties; vii17.1.7. for any penalties, fees, interest, costs or damages imposed upon or incurred by you with respect to any transfers or payments, 17.2. To the maximum extent permitted by law, or for our inability to retrieve electronic payments from accounts held at financial institutions. 2. Kasih AP Gold Xxxx Xxxx will not be in breach of this Agreement or otherwise liable for any loss suffered or incurred as a result of any delay in performance or any non-non- performance of any obligations under this Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to: i. a) Force Majeure; or ii. b) neglect, serious fault or wilful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies. 317.3. In case of Force Majeure, we will use our reasonable endeavours to mitigate the effect of the Force Majeure and to carry out our obligations under this Agreement in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify you of the nature and extent of the circumstances giving rise to Force Majeure. If the Force Majeure in question prevails for a continuous period in excess of six (6) months after the date on which the Force Majeure begins, you shall will be entitled to give notice to us to terminate this Agreement in accordance with clause 1319.1. 4. In the case of market distortion, volatile markets, systems (including third party systems upon which Kasih AP Gold is reliant) being hacked, and market disruption, Kasih AP Gold reserves the right to adjust an order if the metal and currency quotes received from Kasih AP Gold’s data source, when the order was placed, is found to be incorrect. Kasih AP Gold will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to trade on the corrected market rate. 5. Our total liability to you in respect of any losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Kasih AP Gold Wallet at the time of the alleged claim, subject always to a maximum liability limit of $10 (ten) United States dollars or equivalent. 617.4. Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all timesalways function. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to determine your Xxxx Gold Account balance on the Kasih AP Xxxx Gold PlatformWebsite. 717.5. If you grant express permission for a third party to access or connect to your Kasih AP Xxxx Gold WalletAccount, either through the third party’s 's product or through the Kasih AP Xxxx Gold Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Kasih AP Gold Xxxx Xxxx responsible for, and will indemnify Kasih AP Gold Xxxx Xxxx from, any liability arising from the actions or omissions of this third party in connection with the permissions you grant. 817.6. Kasih AP Gold shall Xxxx Xxxx will not be responsible for any loss or damages resulting from any failure on your part to conduct an appropriate due diligence on parties with whom you choose to deal. You accept that you may make and receive payments from other Kasih AP Xxxx Gold users and understand that Kasih AP Gold Xxxx Xxxx does not accept liability for the fraudulent or misleading actions of parties to whom you make and from whom you receive payments. It is your entire responsibility to conduct appropriate due diligence and diligences in respect of your choice whether or not to make a payment or agree to receive a payment in return for goods or services. 917.7. You will not be held responsible for any fraudulent transactions on your Kasih AP Xxxx Gold Wallet Account directly resulting from: i. a) fraudulent, or grossly negligent acts committed by us; or ii. b) a breach of security of the Kasih AP Xxxx Gold Platform Website except where such transactions resulted from the misuse of your Password. 1017.8. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KASIH AP GOLD XXXX XXXX DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 1117.9. This clause 11 shall 17 will survive termination of the Agreement or closure of any Kasih AP Gold WalletXxxx Xxxx Account.