DISCLAIMER
Notwithstanding anything to the contrary contained in this agreement,
LunarProjects shall not be liable to the subscriber or any other person (and the
subscriber hereby waives all claims against LunarProjects and indemnifies
LunarProjects) in respect of any claim, loss or damage of whatsoever nature
caused by or arising from:
- any fact or circumstance beyond the reasonable control of LunarProjects;
- any breakdown in any of the services provided by any person which provides
services to LunarProjects (including, but not limited to, a line failure of
Telkom);
- the performance or unavailability of communications networks to which the
server of the subscriber or any other person or the LunarProjects Network is
connected;
- any technical failure in the connectivity services provided by LunarProjects
to the subscriber or any other person, or a suspension or interruption in
performance of any of LunarProjects' obligations in terms of this agreement, as
a direct or indirect result of any technical problems, including but not limited
to denial of access to other websites or information;
- any breach of privacy or security by any person or entity or breach of
confidentiality by any person or entity arising from any access obtained by any
person or entity to the information, data or content of the subscriber;
- the loss, damage, destruction, theft, contamination or corruption of the
data, information or content of the subscriber or any other person;
- the preservation and integrity of any text or any other form of the data,
information or content of the subscriber or any other person;
- the subscriber's breach of any law or regulation;
- the incorrectness or invalidity of any information obtained by the subscriber
in the performance of a transaction initiated, concluded or finalised by means
of its website;
- any breach of security in respect of, or any unauthorised access to or use
of, any information transmitted by means of the LunarProjects network, including
but not limited credit card details;
- any fact, cause or circumstance whatsoever if LunarProjects shall have
substantially performed its obligations under this agreement.
- Without limiting the generality of the a foregoing, LunarProjects shall not
be liable for any consequential or incidental loss suffered by the subscriber or
any other person, and the subscriber hereby indemnifies and holds LunarProjects
harmless against any such claim or liability, including but not limited to loss
of profits, loss of anticipated business or goodwill.
- The subscriber expressly recognises that LunarProjects does not operate,
control or endorse any information, products or service offered or accessible by
means of the Internet, and that any entity that does offer or provide such
information, products or service, is not in any way affiliated with
LunarProjects. LunarProjects further does not act as an agent of such entity,
not does LunarProjects provide any express or implied warranties or endorsements
to the subscriber or any other person whatsoever in respect of such information,
products or service. In particular, LunarProjects disclaims any liability for
and the subscriber hereby indemnifies LunarProjects against, any claim or
liability which may arise from any information, products or service advertising
for sale, associated with or displayed on LunarProjects' website or accessible
by means of the LunarProjects network.