ℹ️Section 25 - 27
25. Computer Malware
25.1. The Company shall not bear any liability whatsoever for any damage or interruptions caused by any computer malware, spyware, or scareware that may affect the Parties’ computer or other equipment or any phishing, spoofing or other attacks.
25.2. The Company advises regularly using reputable and readily available virus screening and prevention software.
26. Limitations Of Damage and Liability
26.1. In no event shall the Company, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable for indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on the Terms & Conditions, or with the use of the Website and/or the Services.
26.2. The Terms & Conditions set out the full extent of the Company’s obligations and liabilities concerning the Website and the Services. To the maximum extent possible by law, the Company excludes all and any warranty, guarantee, and responsibility in relation to or subsequent to the website, its content, and its services.
26.3. The foregoing limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you.
26.4. The Company will not be held liable for any loss of crypto-assets and/or other damage incurred by you as a result of the transfer of crypto-assets to the User Wallet or loss of key or attack on the User Wallet.
26.4.1. Without limiting the foregoing, you hereby understand and agree that the Company will not be liable for any losses or damages arising out of or relating to:
26.4.1.1. Any inaccuracy or defect of the Services;
26.4.1.2. Any error or delay in the transmission of data;
26.4.1.3. Interruption in any data;
26.4.1.4. Regular or unscheduled maintenance carried out by the Company and service interruption and change resulting from such maintenance;
26.4.1.5. Any damages incurred by other users’ action, omission, or violation of these terms;
26.4.1.6. Any damage caused by illegal actions of other third parties; and
26.4.1.7. Other exemptions mentioned in disclaimers and platform rules issued by finance.
26.4.2. To the maximum extent permitted by applicable law, in no event will the Company, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever, even if the Company has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of the Company’s gross negligence, fraud, willful misconduct or intentional violation of the law.
26.4.3. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
27. Force Majeure
27.1. The Company shall not be liable for delays, failure in performance or interruption of Services which result directly or indirectly from:
27.1.1. Act(s) of war or threat of war; or
27.1.2. Riots, civil strife, terrorist activity; or
27.1.3. Industrial disputes, natural or nuclear disasters; or
27.1.4. Fire, airport closures, bad weather conditions; or
27.1.5. Interruption or failure of a utility service, including lack of electricity; or
27.1.6. The acts of any local or national government, such as an imposition of economic sanctions; or
27.1.7. Cyber-terrorism, cyber-attacks, hacking, bugs; or
27.1.8. Nuclear disaster or explosion; or
27.1.9. Crypto market collapse or fluctuations; or
27.1.10. Instances where the possibility to carry out the Services is materially and adversely affected under the Terms, even though all reasonable precautions, due care, and reasonable alternative measures to avoid these instances have been taken to diminish the inability to perform such Services; or
27.1.11. Technical problems, including hardware and software crashes and other malfunctions, blockchain network disruptions and failures, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures; or
27.1.12. Pandemic-related events and lockdown restrictions are defined here as force majeure.
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