LIABILITY

 

  1. Nothing in these Terms of Sale shall limit or exclude a party’s liability:
  1. for fraud, including fraudulent misrepresentation, perpetrated by that party;
  2. for death or personal injury caused by the negligence of that party; or
  3. for any other liability that cannot be limited or excluded under applicable law.
  1. Subject to clause 8.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
  1. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
  1. supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
  2. damages that may result from the unauthorized repair of the product;
  3. loss of any saved/stored data in products that are either repaired or replaced;
  4. reliance by you on the content or other information provided on the Platform with respect to the product you order;
  5. your use of or your inability to use the ordered product;
  6. delays or disruptions to our Platform or our services;
  7. viruses or other malicious software obtained from the use of the ordered product;
  8. damage to your hardware device from the use of your ordered product; or
  9. your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
  1. Subject to clause 8.1, if clauses 7.3, 8.2 or 8.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of, a) the price the product sold for on our Platform and its original and return shipping costs; or b) AED 300.
  1. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
    1. any claims or demands made by any third party due to or arising out of your use of the Platform and our services;
    2. your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
    3. your violation of any applicable laws.

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