For the avoidance of doubt, TSTT has not undertaken to provide anything other than the Service and consequently TSTT shall not be liable to You for any claims, demands, expenses, costs or other liabilities howsoever arising from or in respect of anything other than the provision of the Service in accordance with this Agreement including in particular but without limitation TSTT shall not be liable for:
- the Web Site or anything on it including the Content and information placed thereon by any Customer (save for the Service and any information placed by TSTT which is not affected in any way by information placed by You, a Customer or any other person);
- the use of the Service in conjunction with any hardware or software which is not supplied by TSTT;
- any infringement of any third party right contained on the Web Site (save by reason only of any act of TSTT);
- any act or omission of persons who may gain access to the Web Site;
- the Products advertised by You or sold directly or indirectly through or by means of the Web Site;
- the fraudulent utilization by any person of a Card or the Service;
- any failure to receive payments authorized by the Acquirer by means of the Service;
- the non-compliance by You with any applicable laws (including tax laws in any jurisdiction) concerning any sale of a Product or use by You of the Web Site;
- the misuse by You of any TSTT trademark or logo;
- the Service not being available to You by reason of any act or omission of You, the Acquirer or any other third party;
- the information transmitted by the Acquirer by means of the Service to You.
TSTT will use commercially reasonable efforts to provide the Web Commerce Service. However, TSTT does not warrant or represent that the Services will operate uninterrupted or error free, and You acknowledge that the Service is provided by TSTT through the use of third party services or Software where required. TSTT shall not be liable to You or any third party, for damages, loss of revenue, anticipated profits or lost business, costs of delay, failure of delivery or liabilities suffered or incurred due to TSTT being unable to provide the Service as a result of system downtime or failures of the Internet, any of the third party services or software or any other telecommunications, software or hardware services under this Agreement.
TSTT shall not be liable to You, or to any other party for fraudulent or unauthorized transactions processed through the Internet, howsoever or wheresoever originated. TSTT shall not be responsible to You or any third party for providing as part of the Service the means to intercept or control fraudulent or unauthorized credit/debit card transactions.
In the event that TSTT reasonably believes that Your conduct or Products or Content violates applicable law, injures the reputation of TSTT, or poses a threat to the TSTT’s systems, equipment, processes or intellectual property rights, TSTT reserves the right to discontinue providing the Services.
TSTT shall not be liable for loss of data in transit between a Customer and You or between a Customer and the Acquirer or between You and an Acquirer. TSTT will use prudent and reasonable efforts to contract with third parties for the products and services on which the Internet and Services are dependent, including, but not limited to, communication carriers, network service providers, or third party credit card processors, whether owned or licensed. However, TSTT shall not be responsible to You or to any Customer for the failure of the Internet or other related third parties attributable to the fault or negligence of any such third party or parties.
You shall fully indemnify and keep indemnified TSTT against all damages, costs, actions, proceedings, claims, demands, liabilities and expenses (including, without limitation, legal and other reasonable professional fees and expenses) which TSTT may suffer, incur or pay arising from or in connection with any breach of any provision of this Agreement, except that TSTT shall not be entitled to indemnification for matters caused solely and entirely by its own fault.
- Neither party shall be liable to the other in contract for: (i) any loss of revenue, business contracts, anticipated savings or profits; or (ii) for any other indirect, special or consequential loss whatsoever.
- Neither party shall be liable to the other in tort or on any other basis for: (i) any loss of revenue, business contracts, anticipated savings or profits; or (ii) for any other indirect, special or consequential loss whatsoever.
- Notwithstanding and without prejudice to any other provisions in this Agreement, the liability of TSTT hereunder shall be limited to an amount not exceeding $10,000 in respect of any one incident or in respect of any series of incidents which may occur during the Initial Term or any subsequent twelve month period thereafter during which this Agreement shall subsist.
- In all correspondence with TSTT, You shall refer to the Customer ID Number.
- You shall ensure that the Web Site and any other equipment provided by You shall comply with the applicable hardware, software and other relevant requirements for connection to the TSTT Platform as notified by TSTT to You from time to time either directly or through a third party vendor;
- You agree to use the Service in accordance with all reasonable instructions, which may be given in written or electronic form by TSTT and as amended and/or substituted from time to time;
- You shall not allow any person other than TSTT, or other person nominated by TSTT from time to time to adapt and/or attempt to repair the connectivity to the Service.
- You shall immediately inform TSTT of any problems related to the Service. TSTT is not obliged to provide the maintenance services in respect of any fault resulting from:
- the improper use operation or neglect of the Service;
- the modification of the Service or its use or merger (in whole or in part) with any other software not approved by TSTT;
- the use of the Service with equipment other than that stipulated as compatible by TSTT from time to time;
- the failure by You to implement recommendations in respect of or solutions to faults previously advised by TSTT;
- any repair, adjustment, alteration or modification of the Service by any person other than TSTT, or other person nominated by TSTT from time to time;
- the use of the Service for a purpose for which it was not designed.
In the event that any virus or destructive element is introduced from Your Web Site into the TSTT Platform or elsewhere within the systems of TSTT You shall use Your best efforts forthwith upon becoming aware of such event, to immediately eliminate the virus or destructive element. You shall notify TSTT as to the existence of any such virus or destructive element immediately upon discovery thereof and TSTT will have the right to take any steps it deems necessary to eliminate the virus or destructive element including, without limitation, disconnecting the Service. You hereby agree subject to Section 6 of the Web Commerce Terms and Conditions to fully indemnify and keep indemnified TSTT against all damages, costs, actions, proceedings, claims, demands, liabilities and expenses (including without limitation legal and other professional fees and expenses) which TSTT may suffer, incur or pay arising from or in connection with this paragraph 3(c).
You shall not rely on the Service as the only means of payment for the Products.