Assumption of risks. You acknowledge there are certain security, corruption,
transmission error and availability risks associated
with using the Platform and agree, to the maximum extent permitted under Applicable
Laws, to assume such risks.
Without limiting the generality of the foregoing, you acknowledge and accept, given
the nature of electronic
transactions and electronic telecommunication platforms such as the Platform, the
unique risks of using the Platform,
which include, but are not limited to, the following:
-
delays in, or inability to, access or use the Platform due to any hardware,
software, system or connection failure, error,
malfunction, omission, interruption, delay in transmission or computer
virus;
-
loss, or errors in transmission, of data or information that may occur due
to any cause whatsoever, including any failure
of any of our electrical, electronic, computer, microprocessor, recording or
communication system;
-
the need to conduct maintenance of the Platform system infrastructure from
time to time, and any delay, failure, error or
omission which may ensue therefrom; and
-
the failure of any electronic security measures including, without
limitation, filters, authentication processes and anti-virus
software, whether or not for the protection of the integrity of the
Platform, the privacy of your information
or otherwise,
and you agree that we shall not bear any liability or losses of any kind, and
you shall release us from any claim
you may have, with respect to or referable to the above risks and any losses
arising therefrom, regardless of
whether we had been advised, or were aware of the possibility, of such risks.
You shall assume the entire cost
of all necessary servicing, repair, or correction, including any defect, problem
or damage in the computer or
Systems, if required.
You confirm that you will not hold us liable, whether in contract, tort
(including negligence) or otherwise for any
losses, costs, charges, damages or expenses ("losses") that you may suffer
directly or indirectly and which arise
as a result of endowus and you transmitting data or documentation to each other
through the internet, electronic
mail or other electronic media including any losses arising from breaches of
security caused by third parties;
a you (and your personal representatives) will fully indemnify each Indemnified
Person against all claims, reasonable
costs and expenses (including legal fees), damages, liabilities and losses which
any Indemnified Person may suffer
or incur directly or indirectly as a result of, or in connection with, or
arising out of our use of the internet
or electronic mail as a medium to communicate with you, or to transmit data or
documentation from us to you,
or in connection with any claim, action, proceeding or investigation arising out
of or in connection with such
medium of communication (including all costs of enforcement). This indemnity
will not extend to any Indemnified
Person to the extent that such costs, expenses, damages, liabilities and losses
result primarily from the bad
faith, wilful default, fraud, negligence of, or breach by, that Indemnified
Person.
