LIABILITY AND DISCLAIMERS. Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, including (without limit) for any:
LIABILITY AND DISCLAIMERS. Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability: • For death or personal injury caused by our negligence; • For fraud or fraudulent misrepresentation; or • For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any: • loss of income or revenue; • loss of business; • loss of profits or contracts; • loss of anticipated savings; • loss of data; and • waste of management or office time. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
LIABILITY AND DISCLAIMERS. Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability:
LIABILITY AND DISCLAIMERS. The maximum extent permitted by law: (i) all representations, warranties and undertakings, including those implied by statute or otherwise, are hereby excluded including, without limitation, all representations, warranties and undertakings in relation to any AgentIQ services, information and materials contained or accessible through the Platform (including, without limitation, in relation to their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose) and all representations, warranties and undertakings that the Platform will be uninterrupted, timely, secure or error-free, and (ii) we accept no responsibility for the compliance of the Platform or the information contained in it with the laws of any country other than New Zealand. The Platform is provided on an “as is” and “as available” basis and your use of the Platform is at your sole risk. Neither we, nor any of our directors, employees, affiliate or representatives will be liable to you (or any other person affiliated with you or who may have an interest in AgentIQ services) for any: (i) direct, indirect, consequential, punitive, special or exemplary loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, good will, or (iii) loss of or damage to property, arising out of or in connection with your use or accessing of the Platform, notwithstanding that we may have had knowledge of the possibility of such loss or damages, or such loss or damages may have been reasonably foreseeable. You agree that if we are held responsible for any loss or damages, our total liability to you for all damages, losses and causes of action (whether in tort, contract or otherwise) shall be limited to the amount paid by you, if any, for the use of AgentIQ Services. If you are dissatisfied with AgentIQ or our services, your only remedy under these Terms shall be to discontinue your use of the AgentIQ services. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control. We shall under no circumstances whatever be liable to you, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and AgentIQ services. You agree to indemnify us and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits), claims and expenses of any kind, whether direct or indirect, which arise from...
LIABILITY AND DISCLAIMERS. 8.1 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
LIABILITY AND DISCLAIMERS. Obligations of Wholesaler. Identifying Yourself as a DNAmail Wholesaler. THE WHOLESALER MUST DISPLAY A DISCLAIMER THAT ANY OF ITS PROMOTIONAL MATERIAL, WEBSITE OR EMAIL IS OWNED BY AND THE RESONSIBILITY OF THE WHOLESALER AND NOT IKANO Communications. IKANO Communications will make available to the Wholesaler a graphic image that identifies the Wholesaler’s content as a licensed DNAmail Wholesaler. Wholesaler may not in any manner misrepresent or embellish the relationship between IKANO Communications and the Wholesaler, or express or imply any relationship or affiliation between IKANO Communications and the Wholesaler or any other person or entity except as expressly permitted by this Agreement.
LIABILITY AND DISCLAIMERS. To the maximum extent permitted by law, Fern & Fallow expressly exclude all guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms. Fern & Fallow will not be liable to the Client or any third party in respect of any claim for injury, death, loss or damage to any person or property caused by or arising out of the use of Equipment/Floristry supplied by Fern & Xxxxxx, or out of any Services performed by Xxxx & Xxxxxx, whether arising in contract, tort (including negligence) or statute, except to the extent that liability is imposed upon Fern & Fallow or implied into a transaction by the Agreement or by any statutory provisions that cannot otherwise be excluded by the Agreement. Without limiting any other provision in these Terms, to the extent permitted by Law, in no event will Fern & Fallow’s liability exceed the amount of the Hire Fee paid by the Client for the use of the Equipment/Floristry and/or performance of Services. Warranties and Indemnity Except where agreed in writing, Fern & Xxxxxx gives no warranty, express or implied, in respect of the Equipment/Floristry being fit for the purpose intended by the Client. Certain State and Commonwealth legislation, including the Competition and Consumer Xxx 0000 (Cth), imply warranties or conditions or impose guarantees or obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to the Client and must in all cases be read subject to those statutory provisions. To the maximum extent permitted by law, Fern & Xxxxxx’s liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Fern & Fallow’s option, to: the replacement of the Equipment/Floristry with substituted equivalent Equipment/Floristry; the payment of the cost of having the substituted equivalent Equipment/Floristry re-supplied to the Client; or the repayment to the Client of the cost of providing the Equipment/Floristry. The Client will have personal liability for, and hereby irrevocably indemnifies and covenants to hold Fern & Fallow harmless from and against any and all losses that may be suffered by Xxxx & Fallow and which arise directly or indirectly: in relation to Fern & Fallow properly carrying out its obligations in accordance with the Agreement; and in connection with any breach of the Agreement by the Client....
LIABILITY AND DISCLAIMERS. You recognize and acknowledge that the Design is subject to intellectual property laws, including but not limited to copyrights, patents, trademarks, trade secrets, and other proprietary rights held by Designers, as well as its licensors. You are expressly prohibited from tampering with or removing any copyright notices, trademarks, patents, or other proprietary markings, or any confidential legends affixed to or included within the Designs, Documentation, or any of their components. It is important to understand that, through your purchase, download, printing, or any other form of utilization of the Design, you do not acquire any ownership rights to the Designs. The company/Designer retains full and exclusive rights, titles, and interests in the Designs, which are not explicitly transferred to you. Furthermore, you acknowledge that the Designs may contain confidential and proprietary information and materials belonging to Company/Designer. Consequently, you agree that any breach or potential breach of the licensing restrictions and intellectual property rights outlined in this section could result in irreparable harm to Company/Designer, rendering monetary damages insufficient. Therefore, should Company/Designer seek remedies such as injunctions, specific performance, or other equitable relief to enforce any provisions within this section, Company/Designer will not be required to furnish a bond or demonstrate the likelihood of incurring irreparable harm.
LIABILITY AND DISCLAIMERS. 10.1. TourScanner shall have unrestricted liability for losses caused intentionally or with gross negligence by TourScanner, its legal representatives, or senior executives, and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance, TourScanner's liability shall be as set forth in the provisions for simple negligence in (10.2) below.
LIABILITY AND DISCLAIMERS. YOU AGREE TO USE THE SECURE ID AND ANY RELATED SERVICES ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS STATED BELOW. YATANARPON CA IS A PROVIDER OF SECURE SITE IDs AND ONLY WARRANTS THAT THE PRODUCTS ARE OF NORMAL MERCHANTABLE CONDITION AND IS FIT FOR A PARTICULAR PURPOSE OF USE. XXXXXXXXXX CA SHALL NOT TAKE RESPONSIBILITY FOR ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED. XXXXXXXXXX CA DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF PROFITS) ARISING OUT OF THIS AGREEMENT. THE USER GUARANTEES THAT USAGE OF SECURE SITE ID SHALL BE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNION OF MYANMAR THAT ARE IN PLACE AT THE CURRENT TIME. YATANARPON CA RESERVES THE RIGHT TO REVOKE THE SECURE SITE ID FROM THE USER IF AND WHEN A BREACH OF THIS GUARANTEE IS DISCOVERED. YATANARPON CA SHALL NOT TAKE RESPONSIBILITY FOR ANY LEGAL, REGULATORY, COMMERCIAL OR POLITICAL LIABILITY THAT IS INCURRED, EITHER INTENTIONALLY OR UNINTENTIONALLY, BY THE USER OF SECURE SITE ID. IF THE SECURE SITE ID/SECURE SERVER ID IS LOST OR COMPROMISED FOR YOUR LACK OF ANY NECESSARY PRECAUTIONS, YOU SHALL BE SOLELY RESPONSIBLE FOR SUCH LOSS AND IMMEDIATELY NOTIFY YATANARPON CA OF SUCH LOSS SO AS TO REVOKE YOUR CERTIFICATE.
