PLEASE READ THE FOLLOWING SECTIONS CAREFULLY: THEY MAY LIMIT THE LIABILITY OF IYZIL AND ITS PARENTS, DISTRIBUTORS, PROMOTERS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “Iyzil Group”).
Each of the subsections below only applies up to the utmost extent permitted under applicable law. Some jurisdictions don’t allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section might not apply to you. Nothing in this TOU is intended to limit any rights you may have that may not be lawfully limited.
A. Disclaimers
The Iyzil application, (hereinafter referred to as ‘Iyzil’) and any third-party software, services, or applications made available in connection with the Iyzil application are provided “as is,” without warranty of any kind. To the maximum extent permitted by applicable law, and IyzilGroup disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Iyzil Group does not take any responsibility for any harm or damage caused due to other parties to you, your property, and your personal data. You stand solely liable for any harm or damage caused to your equipment or device or your personal information/data. The application is not intended or implied to be a device to summon paired responders in the event you, or those around you, are injured in any way and the Iyzil Group are not insurers or guarantors that your paired contacts will be notified by the application. You fully recognize that the use of the application is specifically and completely at your discretion and is not a substitute for notifying the proper authorities at the time of any incident.
B. Indemnity
You comply to indemnify and hold harmless Iyzil and the Iyzil Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the Iyzil Services, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of this TOU. Iyzil reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
C. Limitation of Liability
To the maximum extent permitted by law, Iyzil and the Iyzil Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the Iyzil Services, even if Iyzil has been advised of the possibility of such damages. In no event shall Iyzil or the Iyzil Entities’ total liability to you for all damages, losses, or causes of action arising out of or relating to this TOU exceed (1) the amounts you paid to access the Iyzil services during the twelve (12) months immediately preceding the date of your claim or (2) one thousand PKR, whichever is greater. The limitations of liability set forth in this section will survive any termination or expiration of this TOU and will apply even if any limited remedy specified in this TOU has failed of its needed purpose.