Miscellaneous. 7.1. Governing Law and Exclusive Forum. The construction, interpretation and performance of this Agreement, as well as the legal relations of the parties, shall be governed by and construed in accordance with the laws identified as the Governing Law for the applicable Contract Jurisdiction in Table 1, without regard to its choice of law principles. All disputes arising under this Agreement shall be heard only by a court of competent jurisdiction in the Venue in the applicable Contract Jurisdiction in Table 1, and You submit to the jurisdiction of such courts for the purpose of litigating such disputes.
Miscellaneous. The failure by either party to enforce a breach of the agreement or to exercise its rights due to such breach shall not be deemed a waiver of such rights to enforce any future breach of the agreement.
Miscellaneous o Limitation of Liability. The D2I delbetalning and Splitit Platform and the D2I delbetalning Services and all accompanying documentation are provided to you on an “as is” basis without any warranties, either express or implied, including without limitation any warranties of title, non- infringement, merchantability or fitness for a particular purpose. D2I delbetalning makes no warranty that the D2I delbetalning services will be continuous or error-free. The Merchant understands and agrees that due to the protracted repayment period and the risk of chargebacks, the D2I delbetalning instalment processing solution is less secure than a traditional transaction. Fraud prevention is the Merchant’s sole responsibility, and D2I delbetalning is not responsible for any non-valid or fraudulent Transactions that are processed. Nothing in this Agreement limits or excludes either party’s liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law. The Merchant further acknowledges and agrees that following the completion of the Transaction, Merchant shall have no right to pursue the Consumer for (1) non payment of a debt; (2) any claim for damages; and (3) any rights relating to the use of the Merchant’s equipment. • Exclusion of Consequential Damages. Under no circumstances will we or any of our affiliates or vendors, officers, directors, employees, contractors or agents of the parties be liable for any indirect, incidental, consequential or special damages however D2I Financial services AB, Xxxxxxxxxxxxx 0, 000 00 Xxxx, Tel. 00-0000000, e-post: xxxxxxxxxx@xxxxxx0Xxxxxxxx.xxx or whenever arising, including, without limitation damages for lost revenue, lost profits, anticipated profits, lost business, lost data or injury to business reputation or cost of procurement of substitute services, under any cause of action whether in contract or in tort, including negligence or otherwise, regardless of whether we have been advised of the possibility of such damages. Our total liability to you, whether arising in tort (including negligence), contract or otherwise, under this Merchant Agreement or with regard to any services, shall not exceed the aggregate fees received by us for providing you with services during the thirty (30) days preceding the date on which the claim arose. • Indemnification. You agree to defend, indemnify and hold Splitit and D2I ...
Miscellaneous. Rule 32: Extracts, Copies and Information Concerning Published International
Miscellaneous. 25.1 No delay or omission in exercising any powers or privileges under this Agreement shall be construed as a waiver thereof. Any exercise of any part of the rights shall not preclude subsequent enforcement of any such rights which have not, or have not fully, been exercised.
25.2 No amendment to this Agreement shall be effective against any party unless made in writing and signed by each of the parties hereto.
25.3 The Company agrees that none of its obligations under this Agreement shall be subject to any counterclaim, set off or similar defence.
Miscellaneous. Points are personal and cannot be assigned to another party. Points have no financial value and cannot be redeemed for cash. Moreover, two or more Members may not combine their points in order to meet the limits for points spending. A Member may, however, choose to transfer (for example) a train journey paid for with points to another party
Miscellaneous. 15.1 In the event of a conflict between this DPA and the Agreement, this DPA shall prevail.
15.2 Any changes or supplements to this DPA shall, in order to be effective, be made in writing and signed by both Parties.
Miscellaneous. The Norwegian authorities further confirmed that the support is applied in a non-discriminatory manner also to foreign investors and that it will regularly report to the Authority on the application of the scheme.
Miscellaneous. I övrigt ska vad som sägs i Avtalet äga tillämpning även för Leverantörens behandling av personuppgifter och åtagandena under detta Personuppgiftsbiträdesavtal. Vid motstridighet mellan bestämmelserna i Avtalet och detta Personuppgiftsbiträdesavtal ska dock bestämmelserna i Personuppgiftsbiträdesavtalet äga företräde i förhållande till behandling av personuppgifter och inget i Avtalet ska anses begränsa eller ändra åtaganden i detta Personuppgiftsbiträdesavtal i den mån detta skulle medföra att Kunden inte uppfyller kraven enligt Dataskyddsreglerna.
Miscellaneous. Firefighter's outfits