These terms and conditions regulate the manner in which developers, including you, may make your Products (defined below) available on the Ayoba App. If you do not agree to any of the terms below, you must not make your Products available on the Ayoba App and, if you have already make your Products available, you must immediately remove your Products from the Ayoba App. If you make your Product available on the Ayoba App, this will be treated as confirmation that you have read and agree to be bound by all of the terms and conditions below.
Please Note: Please read clause 20 (Important Provisions) which contains important information on the various terms and conditions in these Ayoba Developer Terms and Conditions which may affect your risks or your rights. We have also highlighted in bold various terms and conditions to which you should pay special attention.
Your agreement to these Ayoba Developer Terms and Conditions • Progressive Tech Holdings (Registration No. 117490 C2/GBL), a company incorporated under the laws of Mauritius ("Ayoba", “we”, “us” and “our”) makes the Ayoba application (the "Ayoba App") available for use by end users on mobile devices ("Users") that are supported by us.
• You may make your qualifying application, as well as related materials, technology, information, materials, communications, correspondence and other content that you make available as part of your qualifying application (collectively, your "Products") available on the Ayoba App in accordance with these Ayoba Developer Terms and Conditions (the "Developer Terms"). These Developer Terms govern your relationship with us and specify how you are permitted to make your Products available to Users on the Ayoba App and what you are specifically restricted from doing. These Developer Terms will apply to you from the moment that you first accept these Developer Terms or from when you make your Products available on the Ayoba App, in the manner chosen by us from time to time (whichever is the first to occur). Similarly, the privacy policy, available at http://ayoba.me/privacy-policy (the "(Privacy Policy)") forms part of these Developer Terms and is binding on you.
• We may sometimes update these Developer Terms. When we do this, we will post the revised Developer Terms on our website https://developer.ayoba.me/termsAndCondition and will let you know (for example, by showing a message when you log in to the Ayoba App, or in another way that we decide) that the Developer Terms have changed. It is your responsibility to read the updated Developer Terms and understand the changes to them. If you disagree with anything in the updated Developer Terms, you must immediately remove your Products from the Ayoba App. If you continue to make your Product available on the Ayoba App following the update, we will treat this as confirmation that you have read, understood and agreed to the updated Developer Terms..
• We will not allow your Product to be available on the Ayoba App if you do not agree to these Developer Terms.
• We may translate these Developer Terms into multiple languages. If there are any differences between the English version and any other language version of these Developer Terms, the English version will be the controlling one (to the extent this is permitted by applicable laws and regulations).
• The Ayoba App is distributed on marketplaces that are operated by a third party, including on the Google Play Store (each a "Third Party Marketplace"). Without limiting or derogating from any of the provisions in these Developer Terms, you must not contravene, or cause us to contravene, the terms and conditions applicable to a Third Party Marketplace on which the Ayoba App is available. By making your Product available on the Ayoba App, you warrant, represent and undertake to ensure that it adheres to the requirements of these Developer Terms as well as the terms and conditions applicable to all goods, software and/or services on the Third Party Marketplace, as amended from time to time (collectively, the "Third Party Marketplace Terms"). Should there be any conflict or inconsistency between the Third Party Marketplace Terms and the these Developer Terms, the provisions of these Developer Terms will prevail to the extent of such conflict or inconsistency.
Registration and Your Developer Account You must register with us and create a developer account in order to make a Product available on the Ayoba App. • You may not enter in these Developer Terms, or make any Products available on the Ayoba App, if you are a natural person and you are younger than 14 years of age. If you are a natural person and you are younger than 18 years of age, your parents or another competent adult must consent to these Developer Terms on your behalf. You must immediately delete your developer account, and remove your Products from the Ayoba App, if you are a natural person and (i) you are younger than 14 years of age, or (ii) you are younger than 18 years of age and your parents have not given their consent to these Developer Terms.
• When registering a developer account with us, you must provide us with the following information: [insert]. You must immediately notify us in writing in the event that any of this information changes. If you do not update or request us to update such information, we will not be liable for any of your or anyone else’s losses which occur as a result.
• We may send you (and you agree to receive) an SMS text message with a code to register to create a developer account.
• You must, at all times, keep your developer account access credentials safe and prevent their fraudulent use by any other person. You are responsible for all activity taking place using your development account access credentials.
Making your Products on the Ayoba App • The Ayoba App is a communications platform for supported devices that will allow Users to share text messages, voice messages, videos, images, audio and other files with their contacts.
• Subject to the further terms and conditions of these Developer Terms, you may make your Products available on the Ayoba App. In addition, you must adhere to all policies that we make available to you from time to time at the following URL: https://developer.ayoba.me/termsAndCondition , failing which we may, among other things, immediately remove your Products from the Ayoba App.
• You may not use the Ayoba App or make any Product available in a manner that contravenes any applicable laws, regulations or accepted industry practice. You will be able to elect, in the manner and form chosen by us from time to time, in which countries your Product will be available to Users. However, we may refuse to allow your Product to be made available in one or more of the countries you select.
• Users may, in their sole discretion, uninstall and reinstall your Product without any additional fee or charge unless you elect to remove your Product from Ayoba in its entirety in accordance with Clause 8 below, in which case Users will not be able to reinstall your Product.
• The Ayoba App does not provide access to emergency services or emergency services providers, including the police, fire departments or hospitals. You may not offer any Products that purport to offer this functionality.
Products • Ayoba is an inclusive, non-discriminatory, transformative, family-oriented brand and will not tolerate any Products that contravene these principles.
• You understand and agree that:
• you are solely responsible for making your Products available on the Ayoba App and providing Users (and any other third parties) with the requisite Product information;
• when submitting your Product to us, you must include a brief description of your Product, in the manner and form chosen by us from time to time, in order to enable us and Users to determine, among other things, the functionality and purpose of your Product;
• when submitting your Product to us, you will need to tell us what permissions your Product will require, and what user data that you will access about Users. Users must be asked for explicit permission for this access when accessing or using your Products and/or when they register to use your Products. We will retain ultimate discretion as to what permissions your Product may request from Users and we may, in our sole and absolute discretion, elect to prevent your Product from seeking certain permissions from Users;
• when submitting your Product to us, you will select the countries in which Users will be able to access your Products on the Ayoba App;
• you must obtain the express, voluntary and informed consent of Users (in manner that we may determine from time to time) before accessing or using their personal data in any way, including by means of a written agreement or terms of use and a privacy policy (which you must make available to Users prior to granting them access to your Product);
• you must take all reasonable and practical measures required to enable Users to promptly contact you, including, without limitation, by making current and correct contact details available to Users in your Products;
• we will not verify or approve any Products, and we are not responsible for the suitability, accuracy, availability, performance, functionality, correctness or completeness of any Products. We reserve the right, and shall be entitled, to review and remove any Products that may be identified by us, or reported to us, as being inappropriate or abusive or in breach of these Developer Terms;
• the views and opinions expressed by you and/or any views or opinions expressed by Users do not represent our views or opinions; and
• we are not responsible for, and will have no liability for, any Products and we will not be a party to any agreements concluded between you, the Users or a third party in respect of your Products.
• You are solely responsible to Users and third parties for:
• any defects, issues or faults in your Products as well as any harm, loss or claims that may arise; and
• ensuring the confidentiality, integrity and availability of any information, including personal information, made available to you by Users or third parties.
• **You must at all times make sure that you have all necessary rights, licences, consents and permissions prior to making the Products available on the Ayoba App.**This includes, for example, making sure you have all necessary permissions from others to grant us the rights to host the Products on the Ayoba App and for Users to make use of the Products. Your Products must comply with all applicable laws.
• You must make sure that any Products that you send, submit, upload or otherwise make available via the Ayoba App would not in any way:
• transmit viruses, trojan horses, malware, ransomware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• be unlawful, hateful, abusive, discriminatory, threatening, obscene, explicit offensive, inflammatory, libellous or defamatory; and/or
• infringe, or encourage or suggest the infringement by others of, applicable laws, regulations or rules (including, for example, the intellectual property rights of anyone).
• You may conclude a separate agreement with a User in respect of the use of your Products made available on the Ayoba App, but in the event of any conflict or inconsistency between that agreement and the terms of these Development Terms, these Development Terms and the User Terms will prevail to the extent of such conflict or inconsistency.
• We may take any action that we deem necessary where we identify Products that contravene these Developer Terms. We may also contact and report your behaviour or Products to law enforcement agencies in accordance with applicable laws.
• We will own all right, title and interest in and to any data, including personal data (as this term may be defined under applicable laws) disclosed to or supplied to you by us in relation to any Users, as well as any data pertaining to any User and/or that User’s use of the Ayoba App (collectively, "User Data"). You warrant, represent and undertake that you will not: (i) share any User Data with any third parties; and (ii) use any User Data in a manner not expressly authorised by these Developer Terms.
• You acknowledge that the Users are customers of us. Accordingly, you hereby agree to provide with access to (in a manner and format determined by us from time to time) and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable right to access any data generated, collected or processed by you in respect of a User's use of your Product, including, without limitation:
• information pertaining to Users' frequency, duration, time of use of your Product, as well as any other habits pertaining to their use of your Product; and
• any other information that we may request concerning User's use of your Product from time to time.
• We will not have access to any information that Users may otherwise provide to you, including information that they may provide to you during registration or ono-boarding to use your Product, which they may send or otherwise provide to you (collectively, the "Product Specific Data").
Privacy • In this clause 5 (and wherever else these terms are used in these Development Terms):
• “Data Protection Laws” refers to all applicable laws and regulations relating to the processing of Personal Information and privacy including the General Data Protection Regulation 2016/679 (“GDPR”) and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated and the terms “controller”, “processor”, “process” , “personal data”, “personal information”, “special personal information” and “special categories of personal data” shall have the meanings given to those terms in such data protection laws and regulations
• “Personal Information Breach” refers to any breach of security leading to the accidental or unauthorised destruction, loss, alteration, disclosure of, or access to, Personal Information.
• It is envisaged that you and Ayoba are each controllers in terms of applicable Data Protection Laws. While a party's relationship to a User, for the purposes of Data Protection Laws, will always be determined by the facts of a particular matter, typically:
• we will be a Controller in respect of the User Data; and
• you will be a controller in respect of the Product Specific Data.
• You will, at all times:
• comply with your obligations under applicable Data Protection Laws in relation to your business and the conduct of your activities under these Development Terms; and
• provide us with reasonable co-operation and assistance with our compliance with applicable Data Protection Laws in connection with these Developer Terms.
• To the extent either Ayoba or you are acting as a processor under applicable Data Protection Legislation (each a "Processing Party") on behalf of you or Ayoba (as the case may be) (the "Controller Party"), the Processing Party shall:
• act only in accordance with these Development Terms and with the instructions of the Controller Party in relation to the processing of the Personal Information. In the event that a legal requirement prevents the Processing Party from complying with such instructions or requires the Processing Party to disclose the Personal Information to a third party, the Processing Party shall, unless such legal requirement prohibits it from doing so, inform the Controller Party the relevant legal requirement before carrying out the relevant processing activities;
• take reasonable steps to ensure the reliability of personnel who may process Personal Information and ensure that all such personnel are bound by a duty of confidence to maintain the confidentiality of the Personal Information;
• implement appropriate technical and organisational measures in accordance with Data Protection Laws to protect the Personal Information against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
• the Processing Party may transfer Personal Information in connection with this Agreement, including to another party (subject always to the remainder of this clause), and such transfer may be outside the European Economic Area. In such circumstances the Processing Party will:
• take reasonable steps to ensure the reliability of such party and prior to any such transfer will enter into a written agreement with such party containing contractual provisions which ensure an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of the Personal Information; and
• comply with the requirement in Data Protection Laws to ensure an adequate level of protection to any Personal Information that is transferred;
• not appoint another processor without the Controlling Party‘s prior written consent, which consent shall be conditioned upon the following:
• the Processing Party shall remain liable to the other Party for that processor’s compliance with this Agreement; and
• the Processing Party shall enter into a written agreement with the relevant processor on substantially the same terms as those set out in this clause 5;
• subject to the Controlling Party providing reasonable prior written notice and agreeing to any reasonable security instructions, confidentiality requirements and policies of the Processing Party and any of its sub-contractors, provide the Controlling Party with such information as the other Party may reasonably request to enable the other Party to demonstrate compliance with its obligations under Data Protection Laws, to the extent that the Processing Party is able to provide such information. Such information will include reasonable evidence of the results of any applicable third party audit commissioned by the Processing Party to verify its information security controls;
• provide such information and assistance to the Controlling Party as the Controlling Party may reasonably require in order to allow the Controlling Party to comply with:
• the rights of data subjects under Data Protection Laws, including subject access rights; and
• notices or other communications from a regulator in relation to Personal Information;
• in the event that the Processing Party becomes aware of a Data Breach, notify the Controlling Party of the Data Breach without undue delay; and
• on termination or expiry of this Agreement erase or return the Personal Information to the Controlling Party save that the Processing Party shall be entitled to retain Personal Information to the extent required by applicable law.
Advertising content on the Ayoba App • We may include advertising or commercial content on the Ayoba App. You agree that we may integrate, display and otherwise communicate the availability of your Products to Users on the Ayoba App as well as through other marketing channels chosen by us, although we are under no obligation to do so (and we make no undertakings to you in this regard).
• You are not entitled to particiipate in any marketing conducted by us. You are not entitled to receive any revenue from us or a User including, without limititation, in respect of the Ayoba App, the availability of your products on the Ayoba App and/or a User's use of your products.
Intellectual property rights • We are the owner (or the licensee) of all intellectual property rights in and to the Ayoba App, and in the material or information published on it (apart from the Products). That material and information includes works protected by copyright laws around the world. You must not (or try to) encourage or help anyone else to, do any of the following:
• copy or reproduce any part of the Ayoba App;
• remove or tamper with any copyright notice attached or contained within the Ayoba App;
• copy or reproduce any trade marks, service marks, logos or branding published or displayed in the Ayoba App; and
• reverse engineer, decompile, disassemble or decipher the Ayoba App or otherwise try to get the source code for (or any part of) the Ayoba App.
• We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (if you delete your Ayoba App account or if we terminate your right to use the Ayoba App) licence for the limited purpose of using the Ayoba App (and such APIs as we may make available to you from time to time) to make your Products available to Users, always subject to these Developer Terms and any other terms and conditions that may be applicable to your use of the Ayoba App or such APIs, as made available to you from time to time.
• You grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use, distribute, reproduce, display, use, market, advertise, host, store and copy the Products and all information that you make available, create, upload, send, submit, store on or provide to us via the Ayoba App (or otherwise) for the following purposes:
• to make the Products and information available on the Ayoba App, including to Users;
• to enable Users to perform, display, download and use your Products, subject to the further terms of the agreement between the User and us;
• the provision of hosting and related services to you, including the ability to update or alter the Products made available by you on the Ayoba App (in accordance with such policies that we may make available to you from time to time);
• to comply with any law, rule, order or regulation or the order of any court, enforcement agency or any other authority of competent jurisdiction; and
• to perform our obligations and exercise our rights under these Developer Terms.
• **You must promptly inform us if you become aware that any of your Products (or any other materials that you may make available to Users) does or may infringe the rights (including intellectual property rights) of others. **
Suspension and Termination • You can, at any time, delete your developer account in the manner and form chosen by us from time to time, which will terminate the availability of your Products on the Ayoba App. You may contact as at our details in Clause 17 below if you wish to delete your developer account and/or remove your products from the Ayoba App. Please note that deleting your developer account and/or removing your Products from the Ayoba App will not delete copies of your Products that have been downloaded by Users to their devices. For the purposes of clarity, please note that a removal of your Products from the Ayoba App does not:
• affect the rights of Users who have previously purchased or downloaded Your Products;
• remove your Products from the devices of Users or from any part of Ayoba App where previously purchased or downloaded applications are stored on behalf of users;
• change your obligation to deliver or support Products or services that have been previously purchased or downloaded by a User, to the extent that you have agreed this with the User.
• We can, at any time, limit, suspend or terminate your developer account or the availability of your Products on the Ayoba App with immediate effect and with or without notice if:
• you are a juristic person and you cease to conduct business, undergo an insolvency event (as this term may be defined under any applicable laws), or if you are de-registered;
• in our opinion, there are any security risks or concerns related to your Products available on Ayoba App;
• we think or suspect, in our opinion, that your Products or your conduct may result in the Ayoba App being used fraudulently or in an unauthorised way, or in breach of these Developer Terms or the Privacy Policy;
• you have made any false or misleading statements to Users in respect your Products, or enable or permitted such statements to be made to Users via your Products;
• if, in our sole and absolute discretion, we cease of offer functionality on the Ayoba App which enables your Products to function correctly for Users;
• your actions have created, or are likely to create, harm, risk, or possible legal exposure for us, a third party or any Users;
• your actions or Product may violate any local law;
• there are obligations we have to meet under any laws and regulations;
• there are operational reasons that require us to suspend your developer account or the availability of your Products on the Ayoba App; or
• we consider it necessary in the circumstances.
• Access to your Products or your developer account may be interrupted or suspended from time to time, including, for example, for maintenance or upgrades. We will generally try to tell you of such interruptions and suspensions in advance. We may notify you by sending you a message, push notifications, or SMS, or in any other way. However, sometimes we will not have the opportunity or time to do that, including, for example, if we need to fix something urgently or if it would comprise our reasonable security measures or if it is unlawful for us to do it.
• We may, in our sole and absolute discretion, limit, suspend or terminate your developer account or the availability of your Products on the Ayoba App with immediate effect and with or without notice to you.
• We will not be liable for any losses to you or anyone else which result from any interruption or suspension of your developer account or of your Products on the Ayoba App service, or from you not being aware of it in advance.
• If your developer account or your right to make Products available on the Ayoba App has been terminated or you have deleted your developer account, for any reason:
• any provisions of these Developer Terms that by their nature should continue to apply after termination of these Developer Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property (except for your license to use the Ayoba App, which will end automatically when your right to use the Ayoba App is terminated or your Ayoba App account is deleted), liability, indemnities and choice of law; and
• we can disable, reclaim and reuse your account name, user ID and other identifiers you have used in connection with the Ayoba App or your Products.
Liability • The Ayoba App, including the functionality enabling you to make you Products (or any other materials) available on the Ayoba App, is provided “as is” and on an “as available” basis with no representations or guarantees as to performance or functionality. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Ayoba App (including the functionality enabling you to make you Products (or any other materials) available on the Ayoba App) or any information or material on it, whether express or implied, including, for example, fitness for purpose, merchantability, freedom from viruses or other contaminating or destructive properties, availability, loss of data or non-infringement. You understand and agree that:
• communications sent over the Internet are not guaranteed to be completely secure and may be subject to possible interception, monitoring, delay, disruption, loss or alteration; and
• we are not responsible for, and will have no liability in respect of, any interception or monitoring of communications or the Products by third parties, or any delay or failure in transmitting communications or the Products, or loss or alteration of any communications or Products sent or submitted via the Ayoba App.
• We do not guarantee the suitability, accuracy or completeness of any information or material we or a User may publish on the Ayoba App or otherwise make available to you, and we reserve the right to change it at any time without notice.
• You are solely responsible, and we have no responsibility to you, for, any of your Products, including your use of any functionality made available by us in respect of the Ayoba App, and for the consequences of your actions (including your engagements with Users and any other third parties), which includes any loss or damage that we may suffer.
• To the fullest extent permitted by law, our total liability to you for any losses, damages, liabilities, costs, expenses or charges, whether in contract, tort, including negligence, or otherwise in connection with the Ayoba App, the availability of your Products on the Ayoba App and these Developer Terms will not be greater than the minimum amount allowed by law or USD $50 (whichever is the greater). This means that, in the event that you successfully pursue a claim against us, you will not be able to receive more than the minimum amount allowed by law or USD $50 (whichever is the greater) unless the laws in your country do not allow this. • To the fullest extent permitted by law, we will not be liable to you for:
• any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, tort, including negligence, or otherwise); and/or
• any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with:
• your use or attempted use of the Ayoba App;
• any claims arising from any Products that you make available on the Ayoba App;
• your inability to use the Ayoba App or make your Products available on the Ayoba App;
• any failure, interruption, unavailability, delay, defect, error or omission in the Ayoba App;
• your use, control or possession of any User Data and/or Product Specific Data; and/or
• any other matters arising otherwise in connection with the Ayoba App or these Developer Terms,
• regardless of whether we had been advised of or were aware of the possibility of such losses or damages being incurred.
• Nothing in these Developer Terms limits or excludes or limits our or your liability for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
• This clause 9 (as well as every other term and condition in these Developer Terms) apply to the fullest extent permitted by applicable laws. You may have additional rights under those laws, which differ or supplement the rights described above. If this is the case, nothing in this clause 9 (or anything else in these Developer Terms) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.
Indemnity • You indemnify and hold us harmless from and against any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) suffered or incurred by us as a result of or in connection with:
• any breach by you of these Developer Terms;
• your use, control and/or possession of any User Data and/or Product Specific Data;
• any breach by you of any Third Party Marketplace Terms; and/or
• your Product;
• your Product contravening, or causing the Ayoba App to contravene, any Third Party Marketplace Terms;
• your interaction or relationship with Users; and/or
• any information and/or materials you send, upload, submit or otherwise communicate using the Ayoba App.
• You indemnify and hold us harmless from and against any loss or damage that we may suffer or incur arising from or in connection with any breach by you of our rights, including intellectual property rights.
Communications • We may sometimes contact or notify you (in connection with these Developer Terms or for other reasons) by email, push notifications, SMS, or in any other way. We will communicate with you in English, and we expect that you will communicate with us in English as well.
Abnormal and unforeseen circumstances • We are not responsible if we do not comply with any of these Developer Terms, or if the Ayoba App malfunctions or does not operate as expected:
• due to circumstances beyond our reasonable control; or
• due to our obligations under any laws or regulations.
No limitation to your legal rights Nothing in these Developer Terms will reduce any rights you are entitled to under the law in your country (including any rights under applicable consumer protection regulation). Third Party Rights
• No person other than you and us will have any rights under the Contracts (Rights of Third Parties) Act 1999 (or equivalent third party rights legislation in any other relevant country) to benefit from or enforce any of the provisions of these Developer Terms.
• Additional provisions
• If, for any reason, we fail to enforce any right or remedy under these Developer Terms, this will not constitute a waiver of, and will not restrict in any way, our right to exercise that or any other right or remedy.
• If any provision of these Developer Terms is found to be illegal, void, invalid or unenforceable (in whole or in part) by any law, rule, order or regulation or by the final determination of any court of competent jurisdiction, such invalidity or unenforceability will not have an effect on the other part of that provision or the other provisions of these Developer Terms which will remain in full force and effect.
• You must not novate, assign, cede, delegate, or otherwise transfer any of your rights or obligations under these Developer Terms to anyone else. We may novate, assign, cede, delegate, or otherwise transfer any or all of our rights and/or obligations under these Developer Terms without notice to you and without your consent.
Governing law • These Developer Terms and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with them, or their subject matter or formation, will be governed by and interpreted in accordance with the laws of England and Wales. • The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with these Developer Terms or their subject matter or formation.
Contact us If you want to contact us for any reason, please email our customer support team at support@ayoba.me.
Important Provisions • Under the laws of certain countries, we are required to point out certain important provisions in these terms and conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is also very important that you read all of these clauses carefully and not just what we say below.
• Limitations of risk, legal responsibilities and liability. Clauses 3, 4, 8, 9 and 12 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
• Assumptions of risk, legal responsibilities and liability by you. Clauses 4, 5, 7, 8, 9 and 10 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
• Acknowledgements of fact by you. Clauses 1 and 4 are important because they contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements
• Your indemnification obligations. Clause 10 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses. You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.