You understand that, except for certain services specifically identified as Dhiraagu services, we do not operate or control the Internet. You assume total responsibility for your use of the internet. We make no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided through the internet.
Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
No advice or information given by our employees, agents or contractors (including with respect to any equipment that may be recommended for purchase and/or use with the service) shall create a warranty.
Any IP address assigned to you remains our property at all times, and we assume no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise related to any change in IP addressing. Where the Customer has a static IP address, we shall reserve the right to give at least thirty (30) days notice prior to changing that IP address, specifying why the address must be changed.
Any times specified to you for the provision of Service are best estimates only unless we inform you otherwise. We shall have no liability for any losses or other expenses sustained or incurred by you as a result of delay. You shall not be entitled to refuse acceptance of the Service as a consequence of such delay.
We do not represent, warrant, guarantee or assume any responsibility for the quality of any Service or of the signals or data transmitted as part of any Service (including but not limited to mobile phone, telephone and facsimile transmissions) and shall not be liable for any loss or damage which may be caused by the loss or mutilation of any signals or data at any stage of the transmission.
We are not liable for any lack of privacy which may be experienced when you use our Services, and your usage of the Service is an implied admission that your action tantamount to an action on grounds of privacy, as disclosing the matter yourself.
We accept liability for our failure to perform our obligations and for direct physical damage to the Service Address caused by our negligence, as provided in this Agreement. Nor do we exclude or restrict our liability for death or personal injury caused by our direct negligence or for any liabilities which cannot be excluded by law. However our liability is limited as set out in Clauses 18.9to 18.12below.
We do not warrant any item of Equipment and/or Dhiraagu Equipment in any manner; we will, however, transfer to you (to the extent permitted by the supplier) any warranty provided by such supplier, with us retaining the authority to exercise your rights there under until the discontinuation of Service. You acknowledge that any applicable warranties may be limited in terms of coverage. The express warranty and undertaking given above is the only warranty given by us and shall be our entire liability including liability for negligence in respect of the sale of Equipment.
Our aggregate liability under this Agreement is limited to the lesser of the total charges for the Service provided during the month in which such liability arises or the sum of Fifteen Thousand Maldivian Rufiyaa (MRf 15,000).
We shall not be liable for special, incidental or consequential damages, including any damages resulting from loss of use, loss of data, loss of profit or loss of business, whether arising out of or in connection with the performance of Services or arising from a tort.
Under no circumstances shall we or our affiliates be liable for any indirect, incidental, special, punitive or consequential damages that result from you or your users’ use of or inability to access any part of the internet or reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, corrupted files or viruses, delays in operation, or transmission, or any failure of performance.
Each provision in this Clause 20 operates separately. If any provision is found by a court to be unreasonable or inapplicable, the other provisions shall continue to apply.