LIMITATION OF LIABILITIES: Octro or its Affiliates, under no circumstances, shall be liable for any action performed or omitted to be performed or for any errors of judgment in relation to Your account.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. We do not warrant that the Services will be compatible with all hardware and software which You may use.
To the fullest extent permitted by law, Octro excludes all warranties, conditions, terms or representations about the accuracy or completeness of Platform or the of any sites linked to the Platform. The Services, and the Content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
IN NO EVENT SHALL WE, NOR OUR AFFILIATES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECIEVED BY US FROM YOU WITHIN THE LAST 12 MONTHS TOWARDS THE SERVICES.
NOTICE: You agree that We will provide notices and other communication to You in the following ways: (1) within the Service, or (2) sent to the contact information You provided us (e.g. email, mobile number, physical address). You agree to keep your contact information up to date
ARBITRATION: All disputes arising out of or in connection with this Terms of Service shall be finally settled in accordance with the Delaware Rapid Arbitration Act then in effect. All proceedings of the arbitration shall be in the English language and a written transcript of the proceedings shall be made and provided to the parties to arbitration. The seat and the venue/ place of arbitration shall be Delaware, United States of America. The arbitral tribunal shall comprise of 3 (Three) arbitrators. The claimant(s) shall appoint 1 (One) arbitrator and the respondent(s) shall appoint 1 (One) arbitrator. The 2 (Two) appointed arbitrators shall appoint the third arbitrator; and arbitration awards rendered shall be final, binding and shall not be subject to any form of appeal. Each party to a dispute shall bear its own cost and expenses.
GOVERNING LAW: The Terms of Service will be governed and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions. The courts in Delaware shall have exclusive jurisdiction in respect of any matters arising herefrom.
NO CLASS ACTION: By accepting this Term of Service, You agree to waive Your right to bring or participate in a class action lawsuit against us. Neither You nor We may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding.
FORCE MAJURE: The Company shall not be liable for any inability to fulfil its respective commitments hereunder occasioned in whole or in part due to circumstances beyond its reasonable control including but not limited to natural calamities, wars, fire, flood, strike or labour trouble in the industry as a whole, accident, riot, war, act of governmental authority, epidemic or pandemic if so declared by the World Health Organization or the applicable governmental authority having jurisdiction over the Party claiming occurrence of such event, or act of God.
SERVERABILITY: If any provision of these Terms of Service is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
WAIVER: Octro’s failure to enforce any right or provisions of these Terms of Services shall not be considered as waived by Octro.