Client uses the BEE123 Portal and Services at Client's sole responsibility and risk. The BEE123 Portal and Services are provided on an 'as is' and 'as available' basis. Except for the warranties given in this agreement and to the extent allowed by law, BEE123 disclaims all representations, warranties, or conditions, including the following.
17.1.1 Software disclaimers.
• BEE123 disclaims any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, fitness for a particular purpose, accuracy, system integration, title, and non-infringement, results and reliance on the results.
• BEE123 disclaims any warranties regarding third party software.
• BEE123 disclaims that the software, Services or portal will meet the Clients' requirements or be uninterrupted, legally effective or complete, timely, secure, error-free or free from infection by malicious software.
17.1.2 Service disclaimers.
• BEE123 disclaims the correctness of any advice or interpretation BEE123 provides as, in accordance with clause 9, this represents its interpretation and is interpreted based on the facts provided by Client, and BEE123 is not liable for any damages resulting from incomplete or inaccurate information.
• BEE123 disclaims the reliance on any advice or interpretation, and Client is responsible for checking any advice or interpretation provided, and for all management decisions and actions taken in response to the BEE123 Services.
Despite any warranty BEE123 provides, BEE123 will not be liable for any damage arising from:
• Client's negligence or failure to follow instructions (whether oral or in writing) or misuse;
• BEE123's reliance on information or documents provided by Client; or
• any data capture errors.
Client must secure its own systems, devices and user details, including by keeping up-to-date security software on any systems used to access the Services.
A party's maximum liability to the other for any claim for direct damages is the total amount of fees paid by Client to BEE123 in the preceding 12 months for the Services related to the claim. The total aggregate liability for all claims under this agreement will never be greater than the maximum liability. This limitation applies regardless of the basis of the claim (whether in contract, delict, tort or any other legal basis).
A party will never be liable for any indirect, incidental, special or consequential damages or losses arising from the agreement. These include foreseeable or unforeseeable loss of profits, loss of goodwill, pure economic loss, damages relating to lost, deleted or damaged data or software, third-party systems, reputational harm, loss of use and damages relating to downtime or costs of substitute products. This limitation of liability clause prevails. To avoid all doubt, no proposal or annexure can ever supersede this clause.
The limitations contained in this clause 19 will not apply to:
• any breach by a party of the other party's proprietary or confidential information, or intellectual property; or
• any data breach suffered by a party.
If an exclusion applies, a party's maximum liability is limited to three times the fees Client pays BEE123 in the preceding 12 months or BEE123's insurance, whichever is lower. The limitations in this clause 19 are to the extent permitted by applicable law and despite anything else in the agreement. Client acknowledges and agrees that the limitations in clause 19 form an essential basis of the agreement between the parties.
BEE123 will not be liable for any loss or damage suffered by Client from any breach of the agreement by Client or any act, misrepresentation, error or omission made by Client or its personnel.
BEE123 is not liable for any other services, systems or deliverables, including websites, goods, software or services provided by any third party.
This clause is separate and divisible from the rest of this agreement and remains effective even if this agreement ends or is invalid.
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