Disclaimer

 

To the fullest extent permitted by law the Site and its contents is provided by SendIto on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose.
Further, SendIto does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current. You acknowledge that the allocation of risk in these terms reflects the price paid for the Services and that it is not within the control of Send Flyer how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and SendIto becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services. SendIto shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. SendIto is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. SendIto reserves the right to raise additional charges for any work so arising. If any Services are or become unavailable then Send Flyer will use reasonable endeavors to repair and reinstate the service within 48 hours of detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of SendIto to deal with circumstances within its control and is for more than a total of 48 hours in any 30 day period or for any 6 consecutive hour period then SendIto will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount. Neither SendIto nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss under Terms, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Client's reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify SendIto from and against any claim which may be made against SendIto in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If SendIto is prevented or delayed in or from performing any of its obligations under the Conditions due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency SendIto shall not be liable for this.

 

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