Disclaimer

  • Disclaimer of Warranties & Liability

    You expressly understand and agree that, to the maximum extent permitted by applicable law:

  • 8.1.1. the Platform, Platform Services and other Content are provided by the Company on an “as is” and on “as available” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing and notwithstanding anything else contained in these Terms, the Company makes no warranty that (i) the Platform or the Platform Services will meet your requirements or your use of the Platform or the Platform Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (iii) the quality of the Platform or Platform Services will meet your expectations; or (iv) any errors or defects in the Platform or Platform Services will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.

  • 8.1.2 the Company disclaims any warranty, condition or representation in respect of any third party services and/or content, which may be made available to you through the Platform, in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third party rights and compliance of any applicable laws or regulations. You agree and understand that the use of such third party services and contents may be governed by such third party provider’s terms of use, license agreement, privacy policy or other such agreement.

  • 8.1.3 the Company will have no liability related to any User Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.

  • 8.1.4 the Company will not be liable for any direct and/or any special, incidental, indirect, consequential, exemplary or punitive loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or Platform Services, either with or without your knowledge.

  • 8.1.5 the Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.

  • 8.1.6 any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and in the event there is any damage to your computer systems or loss of date, you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

  • 8.1.7 the Company shall not be held responsible or liable for any damages arising from periodic maintenance operations or unplanned interruption/ suspension of Platform Services that may occur due to technical reasons or for any reason beyond the Company’s control or termination of Platform Services in accordance with the Suspension and Cancellation Policy of these Terms, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

  • 8.1.8 You acknowledge that the above disclaimers under Clauses 6 and 9.1 are reasonable, and you will accept any such risks and/or insure accordingly.