Common use of Indemnity and Liability Clause in Contracts

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to you.

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible Subject to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreementclause 10.5: (a) our total aggregate liability in contract, we are responsible for loss tort (including negligence or damage you suffer that is a foreseeable result of our breach of contract statutory duty), misrepresentation, restitution or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or ifotherwise, at the time we entered into arising in connection with the Agreement with you, both shall be limited to an amount equal to the sums paid by you to us under the Agreement; (b) we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are shall not be liable to you for business losses. We are providing our services to for: i) indirect or consequential damages or losses (including losses suffered by you for personal or private use. If any Visitor arising from termination of the Event is for any commercial, business Agreement); or re-sale purpose we will have no liability to you for ii) any loss of profitprofits, loss of businessrevenue, business interruptionloss of data, loss of goodwill, loss of contracts or loss of business opportunity.opportunity (in each case whether direct or indirect) which arise out of or in connection with the Agreement; 10.6 We are not liable for Visitor’s losses. We will (c) we shall not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement.; and 10.7 We are not liable for your acts or those of your Visitors. We (d) we shall not be liable to you for any loss you suffer arising from non-performance or delay in performance of the Agreement which is wholly or partially attributable to your own actions acts or omissions or those of your Visitors any Visitor or those of any third party supplier (unless they are supplier. 10.5 Nothing in the Agreement excludes or limits our sub-contractor). In particular, if we are liability for any matter for which liability cannot able to perform any obligations under the Agreement, lawfully be limited or are delayed in performing them, as a result of those actions or omissions, we will not be liable to youexcluded.

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any VisitorAttendee; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises Venue (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premisesour premises, damage to or loss of any property at the Premisesour premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any VisitorAttendee; or (ed) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any VisitorAttendee. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s Delegates’ losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any VisitorDelegate, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor Delegate arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your VisitorsDelegates. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors Delegates or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to you. 10.8 Our liability is limited. Our total aggregate liability to you under this Agreement, or in connection with its subject matter, will not exceed: (a) where you are a consumer (i.e. a private individual, for example booking a wedding or party), an amount equal to one hundred and twenty-five per cent (125%) of the total Price, if our liability arises due to our failure to perform our services with reasonable skill and care or to provide them in accordance with the main characteristics identified in the Proposal; or (b) in all other circumstances an amount equal to the sums paid by you to us under this Agreement. Because our liability to you is generally limited, and because we do not accept liability for matters outside our control, we strongly recommend that you take out appropriate event insurance. 10.9 Where our liability is not limited. Nothing in the Agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which liability cannot lawfully be limited or excluded.

Indemnity and Liability. 10.1 You will indemnify us (and any 27.1 The Agreement does not limit or exclude our liability to you in respect of fraud, fraudulent misrepresentation, death or injury arising by reason of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, negligence or any other wrongful act matter that cannot be limited or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused excluded by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitorlaw. 10.2 We will notify you promptly if we become aware of any claim against which you are required 27.2 Subject to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement27.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any losses, costs, damages, liabilities or expenses suffered relating to the Agreement or any trading activities undertaken by you using the services we provide to you. Our entire liability to you is limited to paying you, subject to the rest of the Agreement, your realised available profits and available unencumbered deposits. 27.3 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs, claims, damages and expenses of any nature whatsoever (present, future, contingent or otherwise and including legal fees) which we suffer or incur as a direct or indirect result of (i) a breach by you of your obligations under the Agreement, or (ii) any misrepresentation or breach of warranty by you; (iii) us exercising our rights under the Agreement, (iv) the occurrence of any Default Event, or (v) any error in any instruction given to us by any Authorised Third Party or acting on any instruction, which is, or appears to be, from an Authorised Third Party. 27.4 Subject to clause 27.1, we will not be liable: (i) for any indirect or consequential loss or damage (whether for loss of profit, loss of businessbusiness or otherwise), business interruptioncosts, expenses or loss of business opportunity. 10.6 We are not liable other claims for Visitor’s losses. We will not be liable to you for loss consequential compensation whatsoever (howsoever caused) which arise out of or damage to any property owned or hired by you or any Visitor, except in relation to the extent such loss Agreement; (ii) for any incidental, special, punitive or damage is our fault. We will not be liable to you consequential damages caused by any act or omission of ours under the Agreement; or (iii) for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions any error in any Order, instruction or omissionsinformation given by you or an authorised person, we or as a result of us acting on any Order or instruction which is, or appears to be, from such authorised person. 27.5 Nothing in the Agreement will not be liable exclude or restrict any duty or liability owed by us to youyou under CIMA Rules, which will, in the event of conflict, prevail over the Agreement.

Indemnity and Liability. 10.1 ▇▇▇▇ will defend You from any claim made by a third party that your Use of the Product infringes a United States or European Union patent or a registered copyright (a “Claim”), and we will indemnify us You and hold You harmless against any damages and costs finally awarded by a court of competent jurisdiction or settlement agreed by ▇▇▇▇ (and any including reasonable attorneys’ fees) arising out of our officersa Claim, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: provided that we have received from You: (a) any third party claim brought or threatened against us or them arising from your breach prompt written notice of the Agreement, your negligence, or claim (but in any other wrongful act or omission on your part or the part of any Visitor; event notice in sufficient time for us to respond without prejudice); (b) any third party reasonable assistance in the defense and investigation of the claim, including providing us a copy of the claim brought and all relevant evidence in your possession, custody or threatened against us or them otherwise connected with control; and (c) the Event or exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim. If your use of a Product is (or in our opinion is likely to be) enjoined, if required by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure a license for your continued Use of the Premises Product in accordance with this ▇▇▇▇; (except ii) substitute a substantially functionally similar Product; or (iii) terminate your right to continue using the Product and refund the license fees paid by You, prorated using a straight line depreciation formula to reflect your Use of the Product from the license purchase date. ▇▇▇▇’▇ indemnification obligations above do not apply: (1) if the Product is modified by any party other than ▇▇▇▇, but solely to the extent such claim the alleged infringement is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by such modification; (2) if the Product is used in combination with any Visitor; (d) misuse of our IT networks product, software or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required equipment not belonging to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent▇▇▇▇, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except solely to the extent the alleged infringement is caused by such loss or damage is our fault. We will not be liable combination; (3) to you for unauthorized use of Products; (4) to any loss suffered or incurred by you or any Visitor Claim arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions your Content; or omissions(5) if You settle or make any admissions with respect to a Claim without ▇▇▇▇’▇ prior written consent. THIS SECTION 11 FIRST PARAGRAPH (IP INDEMNIFICATION BY ▇▇▇▇) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY PRODUCT OR OTHER ITEMS PROVIDED BY ▇▇▇▇ UNDER THIS ▇▇▇▇. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ▇▇▇▇, we will not be liable to youITS REPRESENTATIVES, AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY LOSS OF DATA, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME OR PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU BY USE OF THE PRODUCT, WHETHER OR NOT ▇▇▇▇ OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. NEITHER PARTY’S LIABILITY TO THE OTHER SHALL EXCEED THE FEES PAID BY YOU TO ▇▇▇▇ IN THE 12 (TWELVE) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Indemnity and Liability. 10.1 47.1 You will indemnify us (and acknowledge that we shall not be held liable for any of our officersconsequential, employeesindirect, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligenceincidental, or any other wrongful act or omission on your part or the part special losses (including loss of any Visitor; (bprofits and trading losses) any third party claim brought or threatened against us or them otherwise connected with the Event or resulting from your use of the Premises (except to the extent such claim is attributable to our breach Services, even if you have informed us of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss possibility of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercialConsequential loss includes pure economic loss, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruptionand probable losses, whether direct or indirect. 47.2 Except in cases of our negligence or wilful default, we will not be responsible for any losses, damages, or loss claims resulting directly or indirectly from unauthorized access to your account data, unless you report the misuse of business opportunityyour access data to us. 10.6 47.3 We are not liable for Visitor’s any losses. , damages, or claims resulting directly or indirectly from any research you rely on for placing an order, regardless of whether the research was published by us or not. 47.4 We will not be held accountable for any losses, damages, or claims resulting directly or indirectly from a delay in transmitting an order. 47.5 We are not responsible for any losses, damages, or claims resulting directly or indirectly from changes in tax rates. 47.6 We will not be liable for any losses, damages, or claims if we fail to you for loss of or damage receive any documents related to any property owned or hired by you your account or any Visitorfunds held on your behalf, or if you fail to receive any documentation we send to you. 47.7 This Agreement does not limit or exclude any duty or liability that we may owe you. 47.8 You agree to indemnify us against any losses, liabilities, costs, claims, actions, demands, or expenses incurred by us in connection with your obligations under this Agreement, except to the extent such loss in cases of our negligence, fraud, or damage is wilful default, or that of our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreementemployees. 10.7 We are not liable 47.9 Our failure to pursue remedies for your acts violations or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those enforce strict performance of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the condition or provision in this Agreement, or our failure to exercise any right or remedy to which we are delayed in performing thementitled under this Agreement, as does not imply a result waiver of those actions such rights or omissions, we will not be liable to youremedies.

Indemnity and Liability. 10.1 You will indemnify us (and any 27.1 The Agreement does not limit or exclude our liability to you in respect of fraud, fraudulent misrepresentation, death or injury arising by reason of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, negligence or any other wrongful act matter that cannot be limited or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused excluded by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitorlaw. 10.2 We will notify you promptly if we become aware of any claim against which you are required 27.2 Subject to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement27.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any losses, costs, damages, liabilities or expenses suffered relating to the Agreement or any trading activities undertaken by you using the services we provide to you. Our entire liability to you is limited to paying you, subject to the rest of the Agreement, your realised available profits and available unencumbered deposits. 27.3 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs, claims, damages and expenses of any nature whatsoever (present, future, contingent or otherwise and including legal fees) which we suffer or incur as a direct or indirect result of (i) a breach by you of your obligations under the Agreement, or (ii) any misrepresentation or breach of warranty by you; (iii) us exercising our rights under the Agreement, (iv) the occurrence of any Default Event, or (v) any error in any instruction given to us by any Authorised Third Party or acting on any instruction, which is, or appears to be, from an Authorised Third Party. 27.4 Subject to clause 27.1, we will not be liable: (i) for any indirect or consequential loss or damage (whether for loss of profit, loss of businessbusiness or otherwise), business interruptioncosts, expenses or loss of business opportunity. 10.6 We are not liable other claims for Visitor’s losses. We will not be liable to you for loss consequential compensation whatsoever (howsoever caused) which arise out of or damage to any property owned or hired by you or any Visitor, except in relation to the extent such loss Agreement; (ii) for any incidental, special, punitive or damage is our fault. We will not be liable to you consequential damages caused by any act or omission of ours under the Agreement; or (iii) for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions any error in any Order, instruction or omissionsinformation given by you or an authorised person, we or as a result of us acting on any Order or instruction which is, or appears to be, from such authorised person. 27.5 Nothing in the Agreement will not be liable exclude or restrict any duty or liability owed by us to youyou under BHS Rules, which will, in the event of conflict, prevail over the Agreement.

Indemnity and Liability. 10.1 9.1. You will shall indemnify us (against any actual consequences, claims, proceedings or losses that may arise or be incurred or sustained by us by reason of carrying out the telephonic instructions from, or purported to be from, you. 9.2. You shall indemnify and any of our officers, employees, agents or contractors) keep us fully indemnified against all liabilitiesactual claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or incurred sustained by us us, directly or them arising fromindirectly, by reason of or in connection with this Agreement, including but not limited to: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission provision of this Agreement on your part or the part of any Visitor;part; and/or (b) the enforcement or protection of our rights and remedies against you under this Agreement, or in obtaining or seeking to obtain payment of all or any third party claim brought or threatened against us or them otherwise connected with the Event or your use part of the Premises (except monies hereby agreed to the extent such claim is attributable to our breach of the Agreement or our negligence);be paid by you; and/or (c) any damage to the Premiseschange in any law, damage to regulation or loss of any property at the Premisesofficial directive which may have an effect on this Agreement, or injury to any person caused by any Visitor; (d) misuse and such indemnity shall be paid by you upon demand and/or may be debited to your Card Account without notice. 9.3. You undertake to pay to us the amount of any actual loss or damages which our IT networks directors, officers, employees (the "Indemnified Persons") may suffer or facilities incur by reason of your failure to comply with this Agreement or by reason of breach thereof by you or any Visitor; or (e) your breach arising out of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the EventCard Account or the Covered Card. However, providing such details as we may requirethis clause will not apply in the event of gross negligence, fraud, wilful misconduct on the part of the Indemnified Persons. 10.4 9.4. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are shall not responsible be liable for any loss or damage that is not foreseeable. Loss howsoever incurred or damage is foreseeable if either it is obvious that it will happen suffered by you by reason of us or ifa Merchant or any bank or financial institution or any ATM or other party refusing to allow a Card Transaction, or accept the Card or the Card number or the PIN or to extend or provide a cash withdrawal up to the Limit or at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales processall. 10.5 9.5. We are shall not liable be responsible for the refusal by any Merchant or member institution of VISA International or MasterCard to honour or accept the Card or for any defect or deficiency in the goods or services supplied to you by any Merchant or, where applicable, for business lossesany breach or non-performance by a Merchant of a Card Transaction. 9.6. If there is a dispute between you and us, a Merchant, a bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim or right of set- off which you may have against us, such Merchant, or other bank or financial institution or person. 9.7. We are providing our services to you for personal or private use. If the Event is shall not be liable for any commercialdisputes brought to our notice by you after 30 days from the date of the relevant statement of account. 9.8. We shall not be liable, business or re-sale purpose we will have no liability in any way, to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage of whatever nature, due to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreementdisruption or failure or defect in any ATM or machine or terminal or communication system or facilities or data processing system or transmission link or any industrial or other dispute or anything or cause, whether beyond our control or otherwise. 10.7 We are not liable for your acts or those of your Visitors9.9. We shall not be liable to you in the following circumstances: (a) exercise by us of our right to terminate any Card or Card Account pursuant to Clause 7.4; (b) any injury to your credit character and reputation due to repossession of the Card by us, or any request for its return or refusal by any loss you suffer arising from your own actions person to honor or omissions accept the Card; and (c) any error or those of your Visitors omission in any details disclosed by us pursuant to Clause 9. (d) any delay or those of any third party supplier (unless they are inability on our sub-contractor). In particular, if we are not able part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the Agreementcontrol of any of our servants, agents or are delayed contractors; (e) any damage to or loss or inability to retrieve any data or information that may be stored in performing themyour Card or any microchip or circuit or device in your Card or the corruption of any such data or information, as a result howsoever caused; (f) for any loss, theft, use or misuse of those actions the Card or omissionsdisclosure of your PIN and/or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, we will not be liable character and reputation in relation to our repossession or our request for the return of the Card or your use of the Card; (g) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused.

Indemnity and Liability. 10.1 a. You will indemnify defend, indemnify, and hold harmless us (and any our affiliates and licensors, and each of our their respective employees, officers, employeesdirectors, agents or contractors) and representatives from and against all liabilitiesany claims, damages, losses, damagesliabilities, costs costs, and expenses suffered (including reasonable legal fees) arising out of or incurred by us or them arising from: relating to the following (“Claim”): (a) your or any third party claim brought or threatened against us or them arising from your breach End Users’ use of the Agreement, Cloud Services (including any activities under your negligence, or any other wrongful act or omission on account and use by your part or the part of any Visitor; employees and personnel); (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the this Agreement or our negligence); (c) any damage to the Premises, damage to or loss violation of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities applicable law by you or any VisitorEnd User; or (ec) your breach of the Agreement or any other negligence or wrongful act or omission on your part End Users’ Content or the part combination of such Content with other applications, content or processes, including any Visitorclaim involving alleged infringement or misappropriation of third-party rights by such Content or by the use, development, design, production, advertising or marketing of such Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable legal fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates. 10.2 We b. You will notify you promptly if we become aware of any claim against which you are required be responsible to provide an indemnity under clause 10.1. We will defend or settle the Claim, but must not make any admission or settlement in relation to such claim settle the Claim without your our prior written consent, which you . We may not unreasonably withhold, condition or delayalso assume control of the defence and settlement of the Claim at any time. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Eventc. SUJBECT TO THIS AGREEMENT, providing such details as we may requireTHE CLOUD SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE CLOUD SERVICES, INCLUDING ANY WARRANTY THAT THE CLOUD SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 10.4 We are responsible d. Our obligations to you only for foreseeable loss and damage caused are defined by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business lossesfailing to provide the Cloud Services (except as expressly provided for in this Agreement), or results from our negligence or wilful misconduct. We are providing Neither of us (nor any of our services employees, agents, affiliates or licensors) is liable to you for personal or private use. If the Event is other for any commercialindirect, business special, punitive, incidental or re-sale purpose we will have no liability to you consequential loss or damage of any kind, or for any loss of profit, profits or revenue or loss of business, business interruptionof, or damage, to data, even if the party responsible for the loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to has been advised of the extent possibility of such loss or damage is damage. e. Notwithstanding anything in the Agreement to the contrary, except for liability based on our fault. We wilful misconduct or fraudulent misrepresentation and liability for death or personal injury arising from our negligence, our maximum aggregate monetary liability to you (and that of our employees, agents, affiliates and licensors) in connection with this Agreement, the Cloud Services under any basis of law, whether for breach of contract, negligence or otherwise, will not be liable exceed the lesser of: (a) the Fees that you have paid for the Cloud Services in the 12 month period prior to you for any loss suffered or incurred by you or any Visitor arising from any termination the occurrence of this Agreementthe event giving rise to the claim; and (b)US $100,000. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to you.

Indemnity and Liability. 10.1 You will indemnify us (and any 27.1 The Agreement does not limit or exclude our liability to you in respect of fraud, fraudulent misrepresentation, death or injury arising by reason of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, negligence or any other wrongful act matter that cannot be limited or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused excluded by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitorlaw. 10.2 We will notify you promptly if we become aware of any claim against which you are required 27.2 Subject to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement27.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any losses, costs, damages, liabilities or expenses suffered relating to the Agreement or any trading activities undertaken by you using the services we provide to you. Our entire liability to you is limited to paying you, subject to the rest of the Agreement, your realised available profits and available unencumbered deposits. 27.3 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs, claims, damages and expenses of any nature whatsoever (present, future, contingent or otherwise and including legal fees) which we suffer or incur as a direct or indirect result of (i) a breach by you of your obligations under the Agreement, or (ii) any misrepresentation or breach of warranty by you; (iii) us exercising our rights under the Agreement, (iv) the occurrence of any Default Event, or (v) any error in any instruction given to us by any Authorised Third Party or acting on any instruction, which is, or appears to be, from an Authorised Third Party. 27.4 Subject to clause 27.1, we will not be liable: i. for any indirect or consequential loss or damage (whether for loss of profit, loss of businessbusiness or otherwise), business interruptioncosts, expenses or loss of business opportunity. 10.6 We are not liable other claims for Visitor’s losses. We will not be liable to you for loss consequential compensation whatsoever (howsoever caused) which arise out of or damage to any property owned or hired by you or any Visitor, except in relation to the extent such loss Agreement; ii. for any incidental, special, punitive or damage is our faultconsequential damages caused by any act or omission of ours under the Agreement; or iii. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions any error in any Order, instruction or omissionsinformation given by you or an authorised person, we or as a result of us acting on any Order or instruction which is, or appears to be, from such authorised person. 27.5 Nothing in the Agreement will not be liable exclude or restrict any duty or liability owed by us to youyou under CIMA Rules, which will, in the event of conflict, prevail over the Agreement.

Indemnity and Liability. 10.1 We do not seek to exclude our liability to you in negligence for death or personal injury or for any losses caused by our fraud. 24.1 You will indemnify us, and keep us (and any indemnified on demand, in respect of our officers, employees, agents or contractors) against all liabilities, losses, damages, losses or costs and expenses suffered of any kind or nature whatsoever that may be incurred by us as a result of any failure by you to perform any of your obligations under this Agreement. This includes our reasonable legal costs and disbursements incurred with external solicitors and collections agencies in seeking to enforce our rights under this Agreement. 24.2 You will be responsible for all losses on your Account if you act fraudulently or them arising from: (a) any third party claim brought if you allowed another person to use your Account, whether you allowed that person to use your Account expressly or threatened against us or them arising from your breach whether they were able to do so as a result of the Agreement, your negligence. 24.3 The Website, Platform and our communications infrastructure generally is not immune to failure and may from time to time fail to operate satisfactorily or any other wrongful act or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to at all. To the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premisespermitted by law, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for in relation to any loss that you suffer as a result of profitany delay or defect in or failure of the whole or any part of the Website, loss Trading Platform or any other part of businessour communications infrastructure provided that the occurrence of the delay, business interruption, defect or loss of business opportunityfailure was beyond our reasonable control. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss 24.4 In the event of a delay or damage to any property owned defect in or hired by you failure of the whole or any Visitorpart of the Website, except Platform or communications infrastructure generally you should immediately telephone us to the extent report such loss delay, defect or damage is our faultfailure. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if Please note that we are not able to perform carry out open or close orders over the telephone. We take no responsibility for any obligations under trading losses incurred during times when your account is suspended, restricted or during emergency situations when access to any part of the AgreementWebsite, Platform or are delayed in performing themcommunications infrastructure is not available. By consenting to this agreement, you agree to bear all responsibility for any losses incurred during or as a result of those actions or omissionsthese situations. 24.5 Provided we have taken reasonable care and skill in the performance of our services and in carrying out our obligations under this Agreement, we will not be liable have no liability to youyou in relation to any loss you may have suffered caused by (a) any act or omission of ours under this Agreement or (b) in the event that any computer viruses, worms, software bombs or similar items are introduced into your computer hardware or software via the Website, provided that provided we have taken reasonable steps to prevent any such introduction.

Indemnity and Liability. 10.1 8.1 You will indemnify at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of our your conduct or breach of this Agreement (or any conduct or breach of this Agreement by your officers, employees, agents contractors, associates, affiliates or contractorsagents). 8.2 We will provide the website to you under this Agreement with due care and skill, but we do not warrant that we will do so without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) against all liabilitiesrelating in any way to the website including, lossesbut not limited to, damages, costs and expenses suffered loss or incurred by us or them arising fromdamage you might suffer as a result of: (a) any third party claim brought errors, mistakes or threatened against us or them arising from your breach of inaccuracies associated with the Agreement, your negligence, website or any other wrongful act product listings or omission on your part or product descriptions accessible through the part of any Visitorwebsite; (b) You acting, or failing to act, on any third party claim brought information contained in or threatened against us referred to in the website and/or any linked software, applications, websites or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence)websites; (c) any personal injury or property damage to the Premises, damage to or loss of any property at nature resulting from your access to, and use of, the Premises, or injury to any person caused by any Visitorwebsite; (d) misuse any interruption or cessation of transmission to or from our IT networks or facilities by you or any Visitor; orwebsite; (e) your breach any bugs, viruses, Trojan horses, worms, logic bombs or other harmful code or communications which may be transmitted to or through our website by any third party; and/or (f) any loss of data or material that may occur while trying to upload, save or interface that data or material with the website; (g) the merchantability or fitness for any purpose of the Agreement website or any other negligence linked applications, websites or wrongful act or omission on your part or the part of any Visitorwebsites. 10.2 8.3 We will notify you promptly if we become aware of do not warrant, endorse, guarantee or assume responsibility for any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission products or settlement in relation to such claim without your prior written consent, which you services (or claims or statements about those products or services) that You may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute view in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused website – particularly those made by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s lossesthird parties. We will not be liable a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services. 8.4 We do not take any responsibility for loss direct or indirect damages or consequential losses suffered by use of or damage to in connection with the website. Where any property owned or hired by you or any Visitor, except law implies a warranty into this Agreement which may not be lawfully excluded then to the extent such loss or damage is allowed by law, our fault. We liability for breach of the warranty will not at our option be liable limited to you for any loss suffered or incurred by you or any Visitor arising from any termination the resupply of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreementwebsite and/or services, or are delayed in performing them, as a result the payment of those actions or omissions, we will not be liable the cost of resupply of our website and/or services to you.

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third third-party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Visitor; (b) any third third-party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible Subject to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreementclause 10.5: (a) our total aggregate liability in contract, we are responsible for loss tort (including negligence or damage you suffer that is a foreseeable result of our breach of contract statutory duty), misrepresentation, restitution or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or ifotherwise, at the time we entered into arising in connection with the Agreement with you, both shall be limited to an amount equal to the sums paid by you to us under the Agreement; (b) we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are shall not be liable to you for business losses. We are providing our services to for: i) indirect or consequential damages or losses (including losses suffered by you for personal or private use. If any Visitor arising from termination of the Event is for any commercial, business Agreement); or re-sale purpose we will have no liability to you for ii) any loss of profitprofits, loss of businessrevenue, business interruptionloss of data, loss of goodwill, loss of contracts or loss of business opportunity.opportunity (in each case whether direct or indirect) which arise out of or in connection with the Agreement (but without limiting your payment obligations); 10.6 We are not liable for Visitor’s losses. We will (c) we shall not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement.; and 10.7 We are not liable for your acts or those of your Visitors. We (d) we shall not be liable to you for any loss you suffer arising from non-performance or delay in performance of the Agreement which is wholly or partially attributable to your own actions acts or omissions or those of your Visitors any Visitor or those of third-party supplier. 10.5 Nothing in the Agreement excludes or limits our liability for any third party supplier (unless they are our sub-contractor). In particular, if we are matter for which liability cannot able to perform any obligations under the Agreement, lawfully be limited or are delayed in performing them, as a result of those actions or omissions, we will not be liable to youexcluded.

Indemnity and Liability. 10.1 9.1. You will shall indemnify us (against any actual consequences, claims, proceedings or losses that may arise or be incurred or sustained by us by reason of carrying out the telephonic instructions from, or purported to be from, you. 9.2. You shall indemnify and any of our officers, employees, agents or contractors) keep us fully indemnified against all liabilitiesactual claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or incurred sustained by us us, directly or them arising fromindirectly, by reason of or in connection with this Agreement, including but not limited to: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission provision of this Agreement on your part or the part of any Visitor;part; and/or (b) the enforcement or protection of our rights and remedies against you under this Agreement, or in obtaining or seeking to obtain payment of all or any third party claim brought or threatened against us or them otherwise connected with the Event or your use part of the Premises (except monies hereby agreed to the extent such claim is attributable to our breach of the Agreement or our negligence);be paid by you; and/or (c) any damage change in any law, regulation or official directive which may have an effect on this Agreement, and such indemnity shall be paid by you upon demand and/or may be debited to your Card Account without notice. 9.3. You undertake to pay to us the Premises, damage to or loss amount of any property at actual loss or damages which our directors, officers, employees (the Premises, "Indemnified Persons") may suffer or injury incur by reason of your failure to any person caused comply with this Agreement or by any Visitor; (d) misuse reason of our IT networks or facilities breach thereof by you or any Visitor; or (e) your breach arising out of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the EventCard Account or the Credit Card. However, providing such details as we may requirethis clause will not apply in the event of gross negligence, fraud, wilful misconduct on the part of the Indemnified Persons. 10.4 9.4. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are shall not responsible be liable for any loss or damage that is not foreseeable. Loss howsoever incurred or damage is foreseeable if either it is obvious that it will happen suffered by you by reason of us or ifa Merchant or any bank or financial institution or any ATM or other party refusing to allow a Card Transaction, or accept the Card or the Card number or the PIN or to extend or provide a cash withdrawal up to the Limit or at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales processall. 10.5 9.5. We are shall not liable be responsible for the refusal by any Merchant or member institution of VISA International or MasterCard to honour or accept the Card or for any defect or deficiency in the goods or services supplied to you by any Merchant or, where applicable, for business lossesany breach or non performance by a Merchant of a Card Transaction. 9.6. If there is a dispute between you and us, a Merchant, a bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim or right of set-off which you may have against us, such Merchant, or other bank or financial institution or person. 9.7. We are providing our services to you for personal or private use. If the Event is shall not be liable for any commercialdisputes brought to our notice by you after 30 days from the date of the relevant statement of account. 9.8. We shall not be liable, business or re-sale purpose we will have no liability in any way, to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage of whatever nature, due to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreementdisruption or failure or defect in any ATM or machine or terminal or communication system or facilities or data processing system or transmission link or any industrial or other dispute or anything or cause, whether beyond our control or otherwise. 10.7 We are not liable for your acts or those of your Visitors9.9. We shall not be liable to you in the following circumstances: (a) exercise by us of our right to terminate any Card or Card Account pursuant to Clause 7.4; (b) any injury to your credit character and reputation due to repossession of the Card by us, or any request for its return or refusal by any loss you suffer arising from your own actions person to honor or omissions accept the Card; and (c) any error or those of your Visitors omission in any details disclosed by us pursuant to Clause 9. (d) any delay or those of any third party supplier (unless they are inability on our sub-contractor). In particular, if we are not able part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the Agreementcontrol of any of our servants, agents or are delayed contractors; (e) any damage to or loss or inability to retrieve any data or information that may be stored in performing themyour Card or any microchip or circuit or device in your Card or the corruption of any such data or information, as a result howsoever caused; (f) for any loss, theft, use or misuse of those actions the Card or omissionsdisclosure of your PIN and/or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, we will not be liable character and reputation in relation to our repossession or our request for the return of the Card or your use of the Card; (g) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused.

Indemnity and Liability. 10.1 You will indemnify us (and any 27.1 The Agreement does not limit or exclude our liability to you in respect of fraud, fraudulent misrepresentation, death or injury arising by reason of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, negligence or any other wrongful act matter that cannot be limited or omission on your part or the part of any Visitor;excluded by law.‌ (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except 27.2 Subject to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement27.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any losses, costs, damages, liabilities or expenses suffered relating to the Agreement or any trading activities undertaken by you using the services we provide to you. Our entire liability to you is limited to paying you, subject to the rest of the Agreement, your realised available profits and available unencumbered deposits. 27.3 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs, claims, damages and expenses of any nature whatsoever (present, future, contingent or otherwise and including legal fees) which we suffer or incur as a direct or indirect result of (i) a breach by you of your obligations under the Agreement, or (ii) any misrepresentation or breach of warranty by you; (iii) us exercising our rights under the Agreement, (iv) the occurrence of any Default Event, or (v) any error in any instruction given to us by any Authorised Third Party or acting on any instruction, which is, or appears to be, from an Authorised Third Party. 27.4 Subject to clause 27.1, we will not be liable: (i) for any indirect or consequential loss or damage (whether for loss of profit, loss of businessbusiness or otherwise), business interruptioncosts, expenses or loss of business opportunity. 10.6 We are not liable other claims for Visitor’s losses. We will not be liable to you for loss consequential compensation whatsoever (howsoever caused) which arise out of or damage to any property owned or hired by you or any Visitor, except in relation to the extent such loss Agreement; (ii) for any incidental, special, punitive or damage is our fault. We will not be liable to you consequential damages caused by any act or omission of ours under the Agreement; or (iii) for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions any error in any Order, instruction or omissionsinformation given by you or an authorised person, we or as a result of us acting on any Order or instruction which is, or appears to be, from such authorised person. 27.5 Nothing in the Agreement will not be liable exclude or restrict any duty or liability owed by us to youyou under FSMA or FCA Rules, which will, in the event of conflict, prevail over the Agreement.

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible Subject to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreementclause 10.5: (a) our total aggregate liability in contract, we are responsible for loss tort (including negligence or damage you suffer that is a foreseeable result of our breach of contract statutory duty), misrepresentation, restitution or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or ifotherwise, at the time we entered into arising in connection with the Agreement with you, both shall be limited to an amount equal to the sums paid by you to us under the Agreement; (b) we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are shall not be liable to you for business losses. We are providing our services to for: i) indirect or consequential damages or losses (including losses suffered by you for personal or private use. If any Visitor arising from termination of the Event is for any commercial, business Agreement); or re-sale purpose we will have no liability to you for ii) any loss of profitprofits, loss of businessrevenue, business interruptionloss of data, loss of goodwill, loss of contracts or loss of business opportunity.opportunity (in each case whether direct or indirect) which arise out of or in connection with the Agreement (but without limiting your payment obligations); 10.6 We are not liable for Visitor’s losses. We will (c) we shall not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement.; and 10.7 We are not liable for your acts or those of your Visitors. We (d) we shall not be liable to you for any loss you suffer arising from non-performance or delay in performance of the Agreement which is wholly or partially attributable to your own actions acts or omissions or those of your Visitors any Visitor or those of any third party supplier (unless they are supplier. 10.5 Nothing in the Agreement excludes or limits our sub-contractor). In particular, if we are liability for any matter for which liability cannot able to perform any obligations under the Agreement, lawfully be limited or are delayed in performing them, as a result of those actions or omissions, we will not be liable to youexcluded.

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) : any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Visitor; (b) ; any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) ; any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) ; misuse of our IT networks or facilities by you or any Visitor; or (e) or your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 . We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 . You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible . Subject to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreementclause 10.5: our total aggregate liability in contract, we are responsible for loss tort (including negligence or damage you suffer that is a foreseeable result of our breach of contract statutory duty), misrepresentation, restitution or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or ifotherwise, at the time we entered into arising in connection with the Agreement with you, both shall be limited to an amount equal to the sums paid by you to us under the Agreement; we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are shall not be liable to you for business losses. We are providing our services to for: i) indirect or consequential damages or losses (including losses suffered by you for personal or private use. If any Visitor arising from termination of the Event is for any commercial, business Agreement); or re-sale purpose we will have no liability to you for ii) any loss of profitprofits, loss of businessrevenue, business interruptionloss of data, loss of goodwill, loss of contracts or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will opportunity (in each case whether direct or indirect) which arise out of or in connection with the Agreement; we shall not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We ; and we shall not be liable to you for any loss you suffer arising from non-performance or delay in performance of the Agreement which is wholly or partially attributable to your own actions acts or omissions or those of your Visitors any Visitor or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to yousupplier.

Indemnity and Liability. 10.1 You 11.1 Indemnification by Postman Postman will defend you from any claim made by a third party that the Services infringe or misappropriate any copyright, trade secret, United States patent, or trademark right of that third party (a "Claim"), and we will indemnify us you and hold you harmless against any damages and costs finally awarded by a court of competent jurisdiction or agreed to in a settlement by Postman (and any including reasonable attorneys' fees) arising out of our officersa Claim, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: provided that we have received from you: (a) any third party claim brought or threatened against us or them arising from your breach prompt written notice of the Agreement, your negligence, or Claim (but in any other wrongful act or omission on your part or the part of any Visitor; event notice in sufficient time for us to respond without prejudice); (b) reasonable assistance in the defense and investigation of the Claim, including providing us a copy of the Claim and all relevant evidence in your possession or control; and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim, provided that we will not settle any third Claim unless the settlement unconditionally releases you of all liability. Use of the Services is (or in our opinion is likely to be) enjoined, if required by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure a license for your continued Use of the Services in accordance with these Terms; (ii) substitute a substantially functionally similar Service; or (iii) terminate your right to continue using the Services and refund any prepaid, unused Subscription Fees applicable to the remaining portion of your Subscription Term. Postman's indemnification obligations above do not apply: (1) to any Services provided to you free of charge, (2) if the Services are modified by any party claim brought other than Postman, but solely to the extent the alleged infringement is caused by such modification; (3) if the Services are used in combination with any non-Postman product, software or threatened against us or them otherwise connected with equipment, but solely to the Event or your extent the alleged infringement is caused by such combination; (4) to unauthorized use of the Premises Services; (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c5) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you Content or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor Claim arising from any termination of this Agreement. 10.7 We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions Content; or omissions(6) if you settle or make any admissions with respect to a Claim without Postman's prior written consent. THIS SECTION 11.1 (INDEMNIFICATION BY POSTMAN) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY SERVICES, we CONTENT OR OTHER ITEMS PROVIDED BY POSTMAN UNDER THESE TERMS. 11.2 Indemnification by You You will defend Postman from any claim made by a third party in connection with any Content uploaded or generated by you or your Users in your Use of the Services, and you will indemnify and hold Postman harmless against any damages and costs finally awarded by a court of competent jurisdiction or agreed to in a settlement by you (including reasonable attorneys' fees) arising out of such a claim, provided that you have received from us: (a) prompt written notice of the claim (but in any event notice in sufficient time for you to respond without prejudice); (b) reasonable assistance in the defense and investigation of the claim, including providing you a copy of the claim and all relevant evidence in our possession or control (at your request and expense); and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the claim, provided that you may not be liable to yousettle any claim unless the settlement unconditionally releases Postman of all liability.

Indemnity and Liability. 10.1 9.1. You will shall indemnify us (against any actual consequences, claims, proceedings or losses that may arise or be incurred or sustained by us by reason of carrying out the telephonic instructions from, or purported to be from, you. 9.2. You shall indemnify and any of our officers, employees, agents or contractors) keep us fully indemnified against all liabilitiesactual claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or incurred sustained by us us, directly or them arising fromindirectly, by reason of or in connection with this Agreement, including but not limited to: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission provision of this Agreement on your part or the part of any Visitor;part; and/or (b) the enforcement or protection of our rights and remedies against you under this Agreement, or in obtaining or seeking to obtain payment of all or any third party claim brought or threatened against us or them otherwise connected with the Event or your use part of the Premises (except monies hereby agreed to the extent such claim is attributable to our breach of the Agreement or our negligence);be paid by you; and/or (c) any damage to the Premiseschange in any law, damage to regulation or loss of any property at the Premises, or injury to any person caused by any Visitor;official directive which may have an effect on this Agreement, (d) misuse and such indemnity shall be paid by you upon demand and/or may be debited to your Card Account without notice. 9.3. You undertake to pay to us the amount of any actual loss or damages which our IT networks directors, officers, employees (the "Indemnified Persons") may suffer or facilities incur by reason of your failure to comply with this Agreement or by reason of breach thereof by you or any Visitor; or (e) your breach arising out of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the EventCard Account or the Credit Card. However, providing such details as we may requirethis clause will not apply in the event of gross negligence, fraud, wilful misconduct on the part of the Indemnified Persons. 10.4 9.4. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are shall not responsible be liable for any loss or damage that is not foreseeable. Loss howsoever incurred or damage is foreseeable if either it is obvious that it will happen suffered by you by reason of us or ifa Merchant or any bank or financial institution or any ATM or other party refusing to allow a Card Transaction, or accept the Card or the Card number or the PIN or to extend or provide a cash withdrawal up to the Limit or at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales processall. 10.5 9.5. We are shall not liable be responsible for the refusal by any Merchant or member institution of VISA International or MasterCard to honour or accept the Card or for any defect or deficiency in the goods or services supplied to you by any Merchant or, where applicable, for business lossesany breach or non-performance by a Merchant of a Card Transaction. 9.6. If there is a dispute between you and us, a Merchant, a bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim or right of set-off which you may have against us, such Merchant, or other bank or financial institution or person. 9.7. We are providing our services to you for personal or private use. If the Event is shall not be liable for any commercialdisputes brought to our notice by you after 30 days from the date of the relevant statement of account. 9.8. We shall not be liable, business or re-sale purpose we will have no liability in any way, to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage of whatever nature, due to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreementdisruption or failure or defect in any ATM or machine or terminal or communication system or facilities or data processing system or transmission link or any industrial or other dispute or anything or cause, whether beyond our control or otherwise. 10.7 We are not liable for your acts or those of your Visitors9.9. We shall not be liable to you in the following circumstances: (a) exercise by us of our right to terminate any Card or Card Account pursuant to Clause 7.4; (b) any injury to your credit character and reputation due to repossession of the Card by us, or any request for its return or refusal by any loss you suffer arising from your own actions person to honor or omissions accept the Card; and (c) any error or those of your Visitors omission in any details disclosed by us pursuant to Clause 9. (d) any delay or those of any third party supplier (unless they are inability on our sub-contractor). In particular, if we are not able part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the Agreementcontrol of any of our servants, agents or are delayed contractors; (e) any damage to or loss or inability to retrieve any data or information that may be stored in performing themyour Card or any microchip or circuit or device in your Card or the corruption of any such data or information, as a result howsoever caused; (f) for any loss, theft, use or misuse of those actions the Card or omissionsdisclosure of your PIN and/or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, we will not be liable character and reputation in relation to our repossession or our request for the return of the Card or your use of the Card; (g) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused.

Indemnity and Liability. 10.1 (1) You will indemnify us (and any of our officers, employees, agents or contractors) against are responsible for all liabilities, losseslosses or costs of any kind or nature whatsoever that may be incurred by us as a result of any failure by you to perform any of your obligations under this Agreement, damagesin relation to any Transaction or in relation to any false information or declaration made either to us or to any third party, in particular to any Exchange. You acknowledge that this responsibility extends to our legal and administrative costs and expenses suffered incurred in respect of taking any legal or incurred investigatory action against you, or instructing any debt collection agency, to recover monies owed by us or them arising from:you to us. (a2) You agree that you will not hold us liable for any losses, liabilities, judgements, suits, actions, proceedings claims, damages and/or costs suffered by you resulting from or arising out of any act or omission by any person obtaining access to your account by using your designated account number and/or password and/or Security Details, whether or not you authorized such access. (3) We shall not be liable for any default, omissions, errors, or mistakes by any third party claim brought or threatened against us or them arising from your breach associated company other than as a result of the Agreement, your our own negligence, fraud or any other wrongful act or omission on your part or the part of any Visitor; (b) any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) misuse of our IT networks or facilities by you or any Visitor; or (e) your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement willful default in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delaythe appointment of that third party. 10.3 You must notify (4) Certain information in relation to our services is provided by third parties and we are not liable for any inaccuracy, errors, or omissions in the information they provide us promptly except where such inaccuracy, error or omission is caused by our own negligence, fraud or willful default in relation to the appointment of any claim brought or threatened against you or that third party. (5) Without prejudice to any other dispute in connection with the Event, providing such details as we may require. 10.4 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with terms of this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for in relation to any loss, costs or expenses that you suffer as a result of: i) any delay or defect in or failure of the whole or any part of our Electronic Trading Services' software or any Systems or network links or any other means of communication; or ii) any computer viruses, worms, software bombs or similar items introduced into your computer hardware or software via our Electronic Trading Services, except where such loss, cost or expense is a result of our own negligence, fraud or willful default. (6) Without prejudice to any other terms of this Agreement, we will have no liability to you in relation to any loss, costs or expenses that you suffer as a result of: i) any inability by you to open or close a Transaction; or ii) any cause beyond our reasonable control and the effect of which is beyond our reasonable control to avoid. (7) Without prejudice to any other terms of this Agreement, we will have no liability to you in relation to any loss which is a side effect of profitthe main loss or damage and which is not a foreseeable consequence of a breach of this Agreement including, without limitation, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable profits, failure to you for avoid a loss, loss of or damage to any property owned or hired by you or any Visitordata, except to the extent such loss or damage is our fault. We will not be liable to you for corruption of data, loss of goodwill or reputation, caused by any loss suffered act or incurred by you or any Visitor arising from any termination omission of ours under this Agreement. 10.7 We are not liable (8) Nothing in this Agreement shall limit our liability for your acts personal injury or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to youdeath.

Indemnity and Liability. 10.1 You will indemnify us (and any of our officers, employees, agents or contractors) against all liabilities, losses, damages, costs and expenses suffered or incurred by us or them arising from: (a) : any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission on your part or the part of any Visitor; (b) ; any third party claim brought or threatened against us or them otherwise connected with the Event or your use of the Premises (except to the extent such claim is attributable to our breach of the Agreement or our negligence); (c) ; any damage to the Premises, damage to or loss of any property at the Premises, or injury to any person caused by any Visitor; (d) ; misuse of our IT networks or facilities by you or any Visitor; or (e) or your breach of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 . We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 . You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the Event, providing such details as we may require. 10.4 . We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales process. 10.5 . We are not liable to you for business losses. We are providing our services to you for personal or private use. If the Event is for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 . We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreement. 10.7 . We are not liable for your acts or those of your Visitors. We shall not be liable to you for any loss you suffer arising from your own actions or omissions or those of your Visitors or those of any third party supplier (unless they are our sub-contractor). In particular, if we are not able to perform any obligations under the Agreement, or are delayed in performing them, as a result of those actions or omissions, we will not be liable to you. Our liability is limited. Our total aggregate liability to you under this Agreement, or in connection with its subject matter, will not exceed: an amount equal to one hundred and twenty-five per cent (125%) of the sums paid or payable by you to us under this Agreement (i.e. the overall contract price), if our liability arises due to our failure to perform our services with reasonable skill and care or to provide them in accordance with the main characteristics identified in the Proposal; or otherwise an amount equal to the sums paid by you to us under this Agreement.

Indemnity and Liability. 10.1 9.1. You will shall indemnify us (against any actual consequences, claims, proceedings or losses that may arise or be incurred or sustained by us by reason of carrying out the telephonic instructions from, or purported to be from, you. 9.2. You shall indemnify and any of our officers, employees, agents or contractors) keep us fully indemnified against all liabilitiesactual claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or incurred sustained by us us, directly or them arising fromindirectly, by reason of or in connection with this Agreement, including but not limited to: (a) any third party claim brought or threatened against us or them arising from your breach of the Agreement, your negligence, or any other wrongful act or omission provision of this Agreement on your part or the part of any Visitor;part; and/or (b) the enforcement or protection of our rights and remedies against you under this Agreement, or in obtaining or seeking to obtain payment of all or any third party claim brought or threatened against us or them otherwise connected with the Event or your use part of the Premises (except monies hereby agreed to the extent such claim is attributable to our breach of the Agreement or our negligence);be paid by you; and/or (c) any damage to the Premiseschange in any law, damage to regulation or loss of any property at the Premisesofficial directive which may have an effect on this Agreement, or injury to any person caused by any Visitor; (d) misuse and such indemnity shall be paid by you upon demand and/or may be debited to your Card Account without notice. 9.3. You undertake to pay to us the amount of any actual loss or damages which our IT networks directors, officers, employees (the "Indemnified Persons") may suffer or facilities incur by reason of your failure to comply with this Agreement or by reason of breach thereof by you or any Visitor; or (e) your breach arising out of the Agreement or any other negligence or wrongful act or omission on your part or the part of any Visitor. 10.2 We will notify you promptly if we become aware of any claim against which you are required to provide an indemnity under clause 10.1. We will not make any admission or settlement in relation to such claim without your prior written consent, which you may not unreasonably withhold, condition or delay. 10.3 You must notify us promptly of any claim brought or threatened against you or any other dispute in connection with the EventCard Account or the Covered Card. However, providing such details as we may requirethis clause will not apply in the event of gross negligence, fraud, wilful misconduct on the part of the Indemnified Persons. 10.4 9.4. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or our failing to use reasonable care and skill but we are shall not responsible be liable for any loss or damage that is not foreseeable. Loss howsoever incurred or damage is foreseeable if either it is obvious that it will happen suffered by you by reason of us or ifa Merchant or any bank or financial institution or any ATM or other party refusing to allow a Card Transaction, or accept the Card or the Card number or the PIN or to extend or provide a cash withdrawal up to the Limit or at the time we entered into the Agreement with you, both we and you knew it might happen: for example, if you discussed it with us during the sales processall. 10.5 9.5. We are shall not liable be responsible for the refusal by any Merchant or member institution of VISA International or MasterCard to honour or accept the Card or for any defect or deficiency in the goods or services supplied to you by any Merchant or, where applicable, for business lossesany breach or non- performance by a Merchant of a Card Transaction. 9.6. If there is a dispute between you and us, a Merchant, a bank or financial institution or any other person, your liability to us shall not in any way be affected by such dispute or any counterclaim or right of set-off which you may have against us, such Merchant, or other bank or financial institution or person. 9.7. We are providing our services to you for personal or private use. If the Event is shall not be liable for any commercialdisputes brought to our notice by you after 30 days from the date of the relevant statement of account. 9.8. We shall not be liable, business or re-sale purpose we will have no liability in any way, to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.6 We are not liable for Visitor’s losses. We will not be liable to you for loss of or damage of whatever nature, due to any property owned or hired by you or any Visitor, except to the extent such loss or damage is our fault. We will not be liable to you for any loss suffered or incurred by you or any Visitor arising from any termination of this Agreementdisruption or failure or defect in any ATM or machine or terminal or communication system or facilities or data processing system or transmission link or any industrial or other dispute or anything or cause, whether beyond our control or otherwise. 10.7 We are not liable for your acts or those of your Visitors9.9. We shall not be liable to you in the following circumstances: (a) exercise by us of our right to terminate any Card or Card Account pursuant to Clause 7.4; (b) any injury to your credit character and reputation due to repossession of the Card by us, or any request for its return or refusal by any loss you suffer arising from your own actions person to honor or omissions accept the Card; and (c) any error or those of your Visitors omission in any details disclosed by us pursuant to Clause 9. (d) any delay or those of any third party supplier (unless they are inability on our sub-contractor). In particular, if we are not able part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the Agreementcontrol of any of our servants, agents or are delayed contractors; (e) any damage to or loss or inability to retrieve any data or information that may be stored in performing themyour Card or any microchip or circuit or device in your Card or the corruption of any such data or information, as a result howsoever caused; (f) for any loss, theft, use or misuse of those actions the Card or omissionsdisclosure of your PIN and/or any breach of this Agreement (ii) for any fraud and/or forgery perpetrated on us or any merchant (iii) for any injury to your credit, we will not be liable character and reputation in relation to our repossession or our request for the return of the Card or your use of the Card; (g) for the interception by or disclosure to any person (whether unlawful or otherwise) of any data or information relating to you, any Card Transaction or your Card Account transmitted through or stored in any electronic system or medium, howsoever caused.