Disclaimer and indemnity

  1. Although Momentum is committed to providing you with the best possible service you acknowledge that the Digital Platform is provided “as is” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither Momentum, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Digital Platform and its services.
  2. Momentum shall not be liable for any loss or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on the information contained in the Digital Platform.
  3. The Digital Platform has not been written to meet your individual requirements and there is no warranty by Momentum or by any other party that the functions contained in the Digital Platform will meet your requirements or that the operation of the Digital Platform will be uninterrupted or error free.
  4. You assume all responsibility and risk for the selection of the Digital Platform, Software and Momentum Apps to achieve your intended results and for the installation, authentication methods to gain access, use, and results obtained from it.
  5. The Digital Platform is provided by Momentum on an “as is” and “and available” basis.
  6. Momentum does not guarantee the operation of the Digital Platform and use thereof is at your own risk.
  7. While Momentum is committed to exercising due care it does not guarantee that the Digital Platform, its tools and servers and/or systems are free from viruses or other harmful components.
  8. To the maximum extent permitted by applicable law, Momentum, its employees and licensors shall not be liable to you or to any third party for any liability, losses, damages and/or costs or expenses whether special, direct, indirect and/or of a consequential nature including but not limited to loss of income, loss of profits, loss of business information, business interruption, death or personal injury caused by any nature whatsoever or arising out of the use of or inability to use the Digital Platform, any defect or error in the Digital Platform or any failure in the performance of the Digital Platform and you hereby indemnify Momentum against any such liability.
  9. Momentum is committed to providing you with the best possible service but will not be held liable for:
  10. Any interrupted, delayed or failed transmission, storage or delivery of information due to power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other events, circumstances or cause beyond the reasonable control of Momentum;
  11. Any inaccurate, incomplete or inadequate information supplied by you via the Digital Platform;
  12. Any direct or indirect loss or damages relating to any events described in this clause or the clauses above, your actions or omissions that result in a breach of this user agreement, a denial of access to the Digital Platform should we believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or place Momentum in disrepute.