Warranties and Acknowledgements Sample Clauses
Warranties and Acknowledgements. (a) The Supplier represents, warrants and undertakes that:
(i) it has all the Intellectual Property Rights and has procured the necessary Moral Rights consents required to:
A. carry out the Supplier's Activities; and
B. enable the Customer and each Customer User (or other permitted licensee) to use the requisite Services and/or Deliverables in the manner envisaged by this Agreement; and
(ii) its supply of the requisite Services and/or Deliverables to the Customer, and the Customer's, Customer Users' (and other permitted licensees') use of them in the manner envisaged by this Agreement will not infringe any Intellectual Property Rights or Moral Rights.
(b) The Supplier acknowledges and agrees that the Intellectual Property Rights and licences (as applicable) granted under this Agreement (including this clause 17) do not limit or reduce the Supplier's or its Personnel's obligations under this Agreement with respect to the Customer's Confidential Information, Personal Information and Customer Data.
Warranties and Acknowledgements. 3.1 The End User represents and warrants that:
a) it has full capacity, power and authority to enter into this Agreement;
b) it will fully and completely comply with all of the terms and conditions of this Agreement);
c) it will only use the Solution for the Permitted Purposes and in accordance with the terms and conditions set out in this Agreement;
d) it will not use the Solution for any Prohibited Purpose;
e) it will not make any representation, statement or promise in respect of Australia Post, and has no authority to do so; and
f) it has not relied on any representation made by Australia Post in entering into the Agreement.
3.2 Without limiting this clause, and to the extent permitted by Xxx, the End User acknowledges and agrees that:
a) Australia Post does not make any representation or warranty as to the accuracy, content, completeness or operation of the Australia Post Data or to them being virus free;
b) the Australia Post Data is not complete and it may contain errors; and
c) the Australia Post Data may include data sourced from third parties. The End User agrees to comply with third party terms and conditions which it is notified by Australia Post apply to the third party data referenced in this Agreement.
Warranties and Acknowledgements. 7.1. You warrant that where You are a Representative, You have the authority to agree to these Terms of Business on behalf of that person and agree that by registering to use the Software or Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms of Business, without limiting Your own personal obligations under these Terms of Business.
7.2. The provision of, access to, and use of, the Software or Services is on an “as is” basis and at Your own risk and You acknowledge that:
7.2.1. You are authorised to use the Software or Services and the Software and to access the information and Data that You input into the Software, including any information or Data input into the Software by any person You have authorised to use the Software or Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Software and the Software or Services (whether that information and Data is Your own or that of anyone else).
7.2.2. We have no responsibility to any person other than You and nothing in these Terms of Business confers, or purports to confer, a benefit on any person other than You. If You use the Software or Services or access the Software on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You agree that:
7.2.3. You are responsible for ensuring that You have the right to do so;
7.2.4. You are responsible for authorising any person who is given access to information or Data, and You agree that we have no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
7.2.5. We do not warrant that the use of the Software or Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software or Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software or Services. We are not in any way responsible for any such interference or prevention of Your access or use of the Software or Services;
7.2.6. It is Your sole responsibility to determine that the Software or Services meet the needs of Your business and are suitable for the purposes for which they are used;
7.2.7. You remain ...
Warranties and Acknowledgements. 7.1 LTT warrants that its services will be provided with reasonable skill and care. Except for:
7.1.1 warranties which are implied as a matter of law and cannot be lawfully excluded (including statutory rights); and
7.1.2 warranties set out elsewhere in this Agreement, LTT gives no other legal assurances about its services and all implied warranties and conditions are hereby excluded to the fullest extent permitted by law.
7.2 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties in relation to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have not right or remedy in respect of, any statement, representation (save for any fraudulent representation), assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
7.3 We may make reasonable amendments to this Agreement from time to time by giving You notice in writing. The changes take effect from the end of the notice period. In particular, we may make changes to comply with changes in the law, regulation or best practice in our industry. We may also make changes to the sections relating to Your CTA if asked to do so by the Direct Access Broker.
7.4 Any alterations requested by You only take effect once agreed in writing (excluding email) and signed by an authorised representative of LTT.
7.5 You acknowledge that LTT and LTT Associates are not brokers or investment advisers and that neither LTT or LTT Associates have represented to You that a profit can be made from any investment activity whatsoever. Any investment examples cited are for illustration purposes only and are not recommendations. Any decision to invest in any finance or investment product is made solely by You, and LTT, LTT Associates have no liability to You in respect of any such activities or the consequences thereof. You should consider seeking advice from a regulated financial advice or stockbroker should You wish to make investments.
Warranties and Acknowledgements. 13.1 By entering into this Agreement and/or your use of the Peppol AP Platform and the Services, you represent and warrant to and for the benefit of DataPost, that during the term of this Agreement, you:
(a) are duly incorporated and validly existing under the laws of your country of incorporation;
(b) have the corporate power to own your assets and to carry on your business as it is now being conducted;
(c) have the corporate power to enter into, perform your respective obligations under this Agreement;
(d) have taken all necessary corporate action to authorise entry into this Agreement;
(e) confirm that your entry into, exercise of your rights and/or performance of or compliance with your obligations under this Agreement and the transactions contemplated hereby do not and will not violate or conflict any law, regulation authorisation, directive or order (whether or not having the force of law) of which you are subject to, your constitutive documents (where applicable), or any agreement or arrangement to which you are a party or which is binding on you or your assets;
(f) confirm that you have obtained from all necessary approvals, consents and waivers where necessary or any such matters as may be required to carry out your obligations under this Agreement and the transactions contemplated under this Agreement or as may be required by applicable laws;
(g) confirm that the obligations herein are valid, binding and enforceable to you; and
(h) are aware that the Peppol AP Platform and the Website can be accessed from countries around the world and may contain references to services and content which are not available in your country, and you are residing in a jurisdiction where it is not prohibited by law to offer or use the Services. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.
13.2 You acknowledge that:
(a) you are authorized to access the Peppol AP Platform, use the Services, and to access the Data that you input into the Peppol AP Platform through the use of the Services, including any Data input into the Peppol AP Platform by any person you have authorized to use the Service. You are also authorized to access the processed Data that is made available to you through your use of the Services (whether that Data is your own or that of anyone else);
(b) DataPost has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person...
Warranties and Acknowledgements. 6.1. Data:
a. You represent and warrant that:
i. You have obtained all necessary consents and are otherwise authorised to input or upload the Data that You input or upload to the Website, including any Data inputted or uploaded to the Website by any Invited User or by an NodeSports Partner on Your behalf; and
ii. You are similarly authorised to access the processed Data that is made available to You through Your use of the Website and the Services, in each case, whether the inputted or uploaded Data is Your own or that of anyone else.
Warranties and Acknowledgements. 9.1 You warrant to us that:
(a) you are hiring the Equipment wholly or mainly for the purpose of a business carried on by you;
(b) before signing this Agreement, you have satisfied yourself that the Equipment complies with its description, is in good condition and working order and is suitable for the purpose for which you require it; and
(c) all information you have provided to us is correct and not misleading.
9.2 You acknowledge that:
(a) we make no express or implied warranties or representations regarding the Equipment and its use, or any software included in the Equipment (including our title or ability to grant rights to you for that software) other than those expressly set out in this Agreement;
(b) your rights to receive or have the benefit of the warranties, Services or software are separate from this Agreement and found only in your arrangements with the supplier of warranties, Services or software;
(c) no party is authorised to make any representation, statement or undertaking on our behalf in connection with this Agreement or the Equipment, and we make no representation as to the effect on you of entering into this Agreement; and
(d) any statements or arrangements made by or on behalf of us prior to the date of this Agreement and not included herein are of no effect.
Warranties and Acknowledgements. 8.1 The Property is sold as it stands and voetstoots, and the Seller excludes from the agreement:
8.1.1 the implied warranties in law against latent defects subject however to the provisions of the Consumer Protection Act No. 68 of 2008 (the CPA).
8.1.2 any rights whatsoever in law on the part of the Purchaser against the Seller in respect of any defect whatsoever, patent or latent or any burdens not mentioned in this agreement in or over the property, subject however to the provisions of the CPA.
8.2 This agreement constitutes the entire contract between the parties and the Purchaser hereby acknowledges that the rights and obligations of the parties are governed exclusively hereby. The Purchaser warrants not having been induced into entering into this contract by any representation not contained herein.
Warranties and Acknowledgements. 5.1 Each party warrants to the other that it is a properly constituted legal entity with the power and authority to enter into this XXXX.
5.2 In addition to the limitations set out in clause 6.1, and to the maximum extent permitted by law, Smartz Operations does not warrant that:
(a) the System or any part of it will:
(i) be error free or that its use will be uninterrupted;
(ii) be fit for the purpose for which it is required by Customer;
(iii) operate in combination with other software or any particular equipment or system; or
(iv) provide any function other than as expressly set out in writing by Smartz Operations; or
(b) the information obtained by Customer through the use of the System will meet Customer’s requirements.
5.3 To the maximum extent permitted by law, all warranties given by Smartz Operations will be void and of no effect if the breach of warranty arises out of, or in connection with:
(a) any failure by Customer or a Licensed User to comply with the Documentation or any guidelines or instructions issued by Smartz Operation;
(b) any fault, defect, omission or error in any data, software, equipment, devices or wireless networks not supplied by Smartz Operations ;
(c) misuse, theft, vandalism, fire, water or other similar cause outside Smartz Operations’ control;
(d) any failure by Customer to install the Software properly or the failure to install any upgrade or patch offered by Smartz Operations to rectify a fault;
(e) any modification, alteration, or addition made to the System by persons other than Smartz Operations or an authorised representative of Smartz Operation; or
(f) use of the System with any software, equipment, device or wireless network not specifically approved or recommended by Smartz Operations or in a manner or for a purpose not authorised by this XXXX.
5.4 If the System does not perform substantially in accordance with any specifications expressly set out in writing by Smartz Operations, Smartz Operations will use its best endeavours to modify or replace the System (which may require Customer to install a software patch) to make it compliant at Smartz operations’ expense. Should such modification or replacement be impractical, Smartz Operations may (at its option) terminate this XXXX. Any liability from Smartz Operations to the Customer shall not exceed the price paid by the Customer for the portion of the Smartz® system that is faulty. Subject to clause 6.1, Smartz Operations’ obligations under this clause 5.4 constitute ...
Warranties and Acknowledgements. 9.1. The Third Party Provider represents and warrants that:
9.1.1. it has full capacity, power and authority to enter into this Agreement;
9.1.2. it will fully and completely comply with all of the terms and conditions of this Licence Agreement (including, without limitation, the terms and conditions set out in the relevant Schedule or Annexure);
9.1.3. it will not make any representation, statement or promise to Australia Post that is incorrect or misleading or to others in respect of Australia Post or the Australia Post Data;
9.1.4. it will not advertise any Third Party Provider Solutions as Australia Post approved or anything similar or imply such is the case (except as expressly provided for under this Agreement);
9.1.5. it has not relied on any representation made by Australia Post which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Australia Post; and
9.1.6. the representations made to under the reporting requirements under clause 10 are true and complete.
9.2. Without limiting this clause, the Third Party Provider acknowledges that, to the extent permitted by law, Australia Post has not made and does not make any representation or warranty as to the accuracy, content, completeness or operation of the Australia Post Data or to them being virus free.
9.3. The Third Party Provider acknowledges and accepts that the Australia Post Data is not complete and it may contain errors.
9.4. The Third Party Provider acknowledges that the Australia Post Data may include data sourced from third parties. The Third Party Provider agrees to comply with third party terms and conditions which apply to the third party data as set out in the relevant Schedule or Annexure.