CUSTOMER AGREEMENT

PREAMBLE

Updated as of November 2016

This Customer Agreement (‘Agreement’) applies to Floragora IVS, operating as Floragora, Kronprinsensgade 2, 2^nd floor, DK-1114 Copenhagen, Denmark, (+45) 60 62 93 90, registration number (CVR no.) 37549517 (‘Company’) regarding the online market place www.floragora.kiwi (‘Product’).

If the Customer has objections to the terms and conditions stipulated hereto, the Customer shall not use the Product in any way. Accessing and using the Product constitutes the Customer’s acceptance of these terms and conditions and any other legal notices and statements contained on the Company’s Website or in other Operative Agreements.

This Agreement together with the End User Licence Agreement constitutes the Operative Agreements (‘Operative Agreements’) as amended from time to time and sets out the terms upon which the Company delivers the Product and Services to the Customer.

1 INTRODUCTION

1.1. This Agreement is entered into by and between the Company and the Customer.

1.2. The Company is registered in Denmark.

1.3. The Company offers a Product in which the Customer can post classified advertisements related to plants in order to achieve swapping, giveaway or sell/buy agreements.

1.4. The Operative Agreements will commence on the date on which the Customer starts using the Product and will continue unless or until terminated by either party.

2 INTERPRETATION OF TERMS

2.1. In this Agreement:

(a) ‘Bank’ shall mean the Bank that the Customer has chosen as means of payment to the Company.

(b) ‘Dispute’ shall mean either:

1. the conflict situation when the Customer reasonably believes that the Company as a result of any action or failure to act breaches one or more terms of the Operative Agreements; or
2. the conflict situation when the Company reasonably believes that the Customer as a result of any action or failure to act breaches one or more terms of the Operative Agreements.

(c) ‘Instruction’ shall mean an instruction given from the Customer to the Product.

(d) ‘Profile’ shall mean the information regarding the Customer, which the Customer provides to the Company when registering a subscription to the Product.

(e) ‘Product’ shall mean the Product provided by the Company to the Customer as set out in clause 5.

(f) ‘Server’ shall mean the data storage making operation of the Product possible.

(g) ‘Services’ shall mean any of the Company’s webpages, Product, content, database and data.

(h) ‘Website’ shall mean the Company’s website at www.floragora.kiwi or such other website as the Company may maintain from time to time for access by customers.

2.2. Words denoting the singular include the plural and vice versa; words denoting any gender include all genders; and words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and vice versa.

2.3. Unless otherwise stated, a reference to a clause or party is a reference to respectively a clause in or a party to this Agreement.

2.4. The clause headings are inserted for ease of reference only and do not affect the construction of this Agreement.

3 RISK DISCLOSURE

3.1. The Company does not provide advice regarding trades between users.

3.2. Trading may not be suitable for all Customers and the Customer shall ensure that the Customer understands all the risks with regard to sell, buy or swap agreements and seeks independent advice if necessary.

3.3. The Company is not under any obligation to assess the suitability of the sell, buy, giveaway or swap agreements which the Customer chooses to engage in.

3.4. Any decision the Customer makes is solely at his or her own risk.

3.5. All sell, buy, giveaway and swap agreements will involve different risks. In some cases, the risks will be greater than in others. The Customer accepts this risk.

3.6. Whilst using the Product to create sell, buy, giveaway or swap agreements the Customer shall be responsible for the risks of financial losses caused by:

(a) Customer’s or Company’s hardware or software failure, malfunction or misuse;

(b) poor internet connection either on the side of the Customer or the Company or both;

(c) wrong settings in the Product;

(d) delayed system updates.

3.7. In case of a force majeure event the Customer shall accept the risk of financial losses.

3.8. This paragraph does not disclose all the risks and other significant aspects of sell, buy, giveaway or swap agreements. The Customer shall not use the Product unless the Customer understands the nature and extent of the Customer’s exposure to risk.

4 PROFILE ACTIVATION

4.1. The Customer’s Profile and subscription will be activated by the Customer when the Customer registers as a user by creating a login to the Product.

5 THE PRODUCT

5.1. The Company provides the Customer with a Product in which the Customer is able to create classified advertisements for swapping, giveaway and selling plants for garden use.

5.2. The Product will, in accordance with the information given by the Customer, make information publicly available on a market place website and on some occasions on other platforms in order to maximise the exposure of the Customers’ classified advertisements.

5.3. With regard to the actual transactions (swapping, giveaway, buying or selling agreements) the Customer is fully responsible according to the agreement entered into with the transaction partner. The Company is under no circumstances responsible for actions with regard to actual transactions, which are made between Customers. 

5.4. The Company is never responsible for any actions with regard to the actual transactions, the information made available by the Customer or any situations arising therefrom.

5.5. The Customer shall not be entitled to ask the Company to provide advice regarding assessment or advice regarding the fairness or appropriateness of any transaction.

5.6. The Company may from time to time and at its discretion provide information in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise. The Company will not be responsible for such information and the Company gives no representation, warranty or guarantee as to the accuracy, correctness or completeness, suitability or effect or consequences upon the Customer of such information. The information on the Company’s Website or newsletter is provided solely to assist the Customer to create transactions and provide gardening inspiration.

6 INSTRUCTIONS

6.1. In relation to any Instruction given from the Product to the Customer’s transaction counterparties the Company acts solely on behalf of the Customer and not as an agent on the Customer’s behalf.

6.2. If the Customer acts in relation to or on behalf of someone else, whether or not the Customer identifies that person, the Company shall not accept that person as an indirect customer and shall accept no obligation to that person, unless otherwise specifically agreed to in writing.

7 PERSONAL DATA

7.1. The Company may use, store or otherwise process personal data provided by the Customer in connection with the provision of the Product.

7.2. The Customer agrees that the Company may pass data about the Customer, which the Customer has provided, to other companies in the Company’s group and to external companies or contractors in order for the Company to process and/or analyse the data as part of the provision of the Product to the Customer. If the Customer does not wish the Customer’s personal data to be used for such purposes, the Customer shall immediately terminate the Customer’s user account.

7.3. Such personal data may also be used for marketing purposes, or to conduct market research for the Company or other companies in its group that may use the personal data to bring to the attention of the Customer similar or supplementary products and services that may be of interest to the Customer and also to assist in the efficient provision of the Product. If the Customer does not wish the Customer’s personal data to be held for such purposes, the Customer shall immediately terminate the Customer’s user account.

7.4. Telephone conversations between the Customer and the Company may be recorded. All requests received by telephone will be binding as if received in writing. Any recordings shall be and remain the sole property of the Company and will be accepted by the Customer as conclusive evidence of the requests or conversations so recorded. The Customer agrees that the Company may deliver copies of transcripts of such recordings to any court, regulatory or government authority.

8 CONFIDENTIALITY

8.1. The data, which the Company holds about the Customer, is confidential and will not be used for any purpose other than in connection with the provision of the Product.

8.2. Data of a confidential nature will be treated as such provided that such data is not already in the public domain. Data of a confidential nature will only be disclosed to any person other than an affiliate of the Company, in the following circumstances:

(a) where required by law or if requested by any regulatory authority having control or jurisdiction over the Company (or any respective associate);

(b) to investigate or prevent fraud or other illegal activity;

(c) to any third party in connection with the provision of the Product to the Customer by the Company;

(d) if it is in the public interest to disclose such information;

(e) at the Customer’s request or with the Customer’s consent; or

(f) in any case mentioned in section 7 of this agreement.

9 CONSENT TO DIRECT CONTACT

9.1. The Customer expressly invites the Company, for the purpose of administering the terms of the Operative Agreements or otherwise marketing services and products, from time to time, to make direct contact with the Customer by telephone, email, or otherwise.

9.2. The Customer consents to such communication and acknowledges that such communication would not be considered by the Customer as being a breach of any of the Customer’s rights under any relevant data protection and/or privacy regulations.

10 COMPLAINTS AND DISPUTES

10.1. If any conflict situation arises whereby the Customer reasonably believes that the Company as a result of any action or failure to act breaches one or more of the Operative Agreements, the Customer has the right to lodge a complaint with the Company as soon as reasonably practicable after the situation has arisen.

10.2. A complaint shall include:

(a) name and surname of the Customer (or company name if the Customer is a legal entity);

(b) Customer’s login credentials to the Product;

(c) details of when the conflict first arose (date and time in the Customer’s time zone); and

(d) description of the conflict situation.

10.3. The Company has the right to choose the method of dispute resolution at its sole discretion.

10.4. If the Customer is dissatisfied with the outcome of the investigation or with any action taken by the Company as a result thereof, the Customer may be able to refer the complaint to the Danish courts.

10.5. The Company shall not be liable to the Customer if for any reason the Customer has received less money or quality or quantity of plants than the Customer had expected, or has incurred a loss as a result of an uncompleted transaction, which the Customer had intended to complete.

11 FORCE MAJEURE

11.1. The Company may, in its reasonable opinion, determine that a force majeure event exists, in which case the Company will, in due course, take reasonable steps to inform the Customer.

11.2. A force majeure event includes without limitation: any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, terrorism, war, act of God, accident, fire, flood, storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions, lock‐outs, hacking) which, in the Company’s reasonable opinion, prevents the Company from providing the Product to the Customer.

11.3. If the Company determines in its reasonable opinion that a force majeure event exists (without prejudice to any other rights under the Operative Agreements) the Company may without prior written notice and at any time take any of the following steps:

(a) suspend or modify the application of any or all terms of the Operative Agreements to the extent that the force majeure event makes it impossible or impractical for the Company to comply with them; or

(b) take or omit to take all such other actions as the Company deems to be reasonably appropriate in the circumstances with regard to the Company, the Customer and other customers.

11.4. The Company shall not be liable to the Customer in respect of any direct, indirect, consequential or non‐financial damage (emotional distress, etc.).

12 LIMITATIONS OF LIABILITY AND INDEMNITY

12.1. In the event the Company may provide information to the Customer, the Company shall not be responsible for the profitability of such information. The Customer acknowledges that the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Customer arising from any inaccuracy or mistake in any information given to the Customer.

12.2. The Company will not be liable for any loss or expense incurred by the Customer in connection with, or directly or indirectly arising from:

(a) any error or failure in the operation of the Product;

(b) any failure by the Company to perform any of its obligations under the Operative Agreements as a result of a cause beyond its control; or

(c) the acts, omissions or negligence of any third party.

12.3. The Customer shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company suffers or incurs as a direct or indirect result of any failure by the Customer to perform any of the Customer’s obligations under the Operative Agreements.

12.4. The Company shall in no circumstances be liable to the Customer for any direct losses, consequential, special or indirect losses, loss of profits, loss of opportunity, costs, expenses or damages the Customer may suffer in relation to the Operative Agreements.

13 PRICE, PAYMENT AND RIGHT OF CANCELLATION

13.1. The Company is entitled to adjust prices for the Customer’s subscription without further notice.

13.2. Unless the Customer has terminated the Agreement according to clause 14.2, the Company will automatically at the beginning of each billing cycle transfer the fee according to the type of the Customer’s subscription from the Customer’s bank account – as informed by the Customer when creating the Customer’s Profile – to the Company’s bank account.

13.3. The Company will provide receipts for all subscription payments via email and make them available for download in the Product.

13.5 Logging into the Product using the Customer’s individual username and password is considered taking the product into use and the right of cancellation is void.

13.6. Late payments shall be deemed a material breach of the Agreement justifying the Company to terminate this Agreement.

13.7. Unless specifically agreed to in writing all payments from Customer to Company are final.

14 AMENDMENT AND TERMINATION

14.1. The Customer acknowledges that the Company has the right to modify the terms of the Operative Agreements at any time.

14.2 The Customer may terminate this Agreement with immediate effect at the end of the Customer’s current billing cycle by terminating the user account.

14.3. The Company may terminate this Agreement with immediate effect by giving the Customer written notice using email.

14.4. Any such termination will not affect any obligation which has already been incurred by either the Customer with regard to swapping, giveaway, buying or selling transactions relating to other customers.

15 GOVERNING LAW AND JURISDICTION

15.1. This Agreement and other legal matters shall be governed by, and construed in accordance with the laws of Denmark.

15.2. With respect to any proceedings, the Customer irrevocably:

(a) agrees that the courts of Denmark shall have exclusive jurisdiction to determine any proceedings,

(b) submits to the jurisdiction of Danish courts.

16 MISCELLANEOUS

16.1. The Company has the right to suspend the Customer’s Profile at any time for any good reason with or without notifying the Customer in writing by email.

16.2. The Company has the right to at any time to upgrade or/and change/delete or modify the Product.

16.3. The Company has the right to use any information given by the Customer with regard to collecting statistics, creating reports, etc.

16.4. In the event that a situation arises that is not covered under the Operative Agreements, the Company will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.

16.5. No single or partial exercise of, or failure or delay in exercising any right, power or remedy (under these terms or at law) by the Company shall constitute a waiver by the Company of, or impair or preclude any exercise or further exercise of, that or any other right, power or remedy arising under the Operative Agreements or at law.

16.6. Any liability of the Customer to the Company under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by the Company in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed. A waiver by the Company of a breach of any of the terms of the Operative Agreements or of a default under these terms does not constitute a waiver of any other breach or default and shall not affect the other terms. A waiver by the Company of a breach of any of the terms of the Operative Agreements or a default under these terms will not prevent the Company from subsequently requiring compliance with the waived obligation.

16.7. The rights and remedies provided to the Company under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.

16.8. The Company may assign the rights and obligations of the Operative Agreements to a third party completely or in part provided that such assignee agrees to abide by the terms of the Operative Agreements.

16.9. If any term of the Operative Agreements (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable and not form part of the Operative Agreements, but the enforceability of the remainder of Operative Agreements shall not be affected.

16.10. The Customer may not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer the Customer’s rights or obligations under the Operative Agreements without prior written consent from the Company.

17 REPRESENTATIONS AND WARRANTIES

17.1. The Customer represents and warrants to the Company, and agrees that each such representation and warranty is deemed repeated each time the Customer accesses the Product, so that:

(a) the information provided by the Customer to the Company regarding creating a personal Profile and in regard to the Operative Agreements and at any time thereafter is true, accurate and complete in all material respects;

(b) the Customer has read and fully understood the terms of the Operative Agreements;

(c) the Customer is duly authorised to enter into the Operative Agreements, to give instructions and requests and to perform its obligations thereunder;

(d) the Customer is an individual who has created a Profile or, if the Customer is a company, the person who has completed the application to create the Profile on the Customer’s behalf is duly authorised to; and

(e) all actions performed under the Operative Agreements will not violate any regulations applicable to the Customer or to the jurisdiction in which the Customer is resident, or any agreement by which the Customer is bound or by which any of the Customer’s assets are affected.

18 ACKNOWLEDGEMENT

18.1. The Customer acknowledges reading this Agreement and agrees to be bound by its terms and conditions.

18.2. The Company reserves the right to amend, revise, modify, and/or change the Operative Agreements at any time. Should the Company decide to make any changes, such changes shall be incorporated into the Company revised Operative Agreements.

END USER LICENCE AGREEMENT

PREAMBLE

Updated as of November 2016

This is the End User Licence Agreement (‘Agreement’) that applies to the products and services provided by Floragora IVS, operating as Floragora, Kronprinsensgade, 2, 2^nd floor, DK-1114, Copenhagen K, Denmark, (+45) 60 62 93 90, registration number (CVR no.) 37549517 (‘Company’).

Carefully read all the terms and conditions of this Agreement prior to the use of the Company Websites and/or platforms.

If the Customer has any objections to the terms and conditions stipulated hereto, the Customer shall not use the Company Websites, Services or Product in any way.

Accessing and using the Website, Services or Product constitutes the Customer’s acceptance of these terms and conditions and any other legal notices and statements contained on the Company’s Website or in the Operative Agreements.

The Customer’s use of the Company’s Product and Services is governed by the version of this Agreement in effect on the date each time the Customer accesses the Company Website, Product or Services.

The Customer hereby agrees to the use of electronic communication in order to enter into contracts, place strategies and to the electronic delivery of notices and policies. Furthermore, the Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

This Agreement together with the Customer Agreement constitutes the Operative Agreements as amended from time to time and sets out the terms upon which the Company delivers the Product and Services to the Customer.

1 SCOPE OF AGREEMENT

1.1. This Agreement applies to any of the Company:

(a) Websites,

(b) Products,

(c) Content,

(d) Software,

(e) Databases, and

(f) Data collectively referred to as the (‘Services’) provided by the Company collectively with its affiliates.

1.2. The content and information included in the Services is provided by the Company.

1.3. If the Customer does not agree to these terms and conditions, the Customer shall and may not use the Company Services.

1.4. This Agreement may be updated by the Company from time to time, without prior notice to the Customer. The use of the Services may be subject to additional terms and conditions, which will be published by the Company from time to time.

2 LICENCE

2.1. The Company hereby grants the Customer a non-exclusive and non-transferable licence (‘Licence’) to use the Services. The Services may only be used for personal use. The Company may terminate this licence, cancel the Customer’s password and/or the Customer’s Profile (or part of it) if the Customer fails to comply with the terms and conditions set forth.

2.2. The Customer may not:

(a) adapt, modify, decompile, translate, reverse engineer, disassemble or create derivative works based on the Services;

(b) loan, rent, lease, give, sub-licence or otherwise transfer the Services (or any copy thereof) in whole or in part, to any other party; copy, alter, translate, decompile or reverse engineer the software, including but not limited to, modifing the software in any way; and/or

(c) remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.

3 PROFILE INFORMATION AND USER SECURITY

3.1. In order to use the Services the Customer must sign up and create a specific Profile. It is the Customer’s responsibility to keep the Profile information private and the Customer is responsible for all actions made using the Profile.

3.2. The Customer agrees:

(a) to immediately notify the Company of any unauthorised use of the Profile or of any other violation of security, and

(b) at the end of each use, to log out from the Profile in an orderly way.

4 USER CONDUCT

4.1. The Customer shall not use the Services for any unlawful or unauthorised purpose.

4.2. The Customer agrees not to use the Services in order to:

(a) disturb or damage the Services or the servers or the networks connected to the Services. Customers must not ignore conditions, policies and/or regulations of networks which are connected to the Services.

(b) violate deliberately or not deliberately any local, state, national or international law which applies to the Company’s software.

4.3. By using the Services, the Customer acknowledges that the Customer is well informed that the Company does not perform any prior filtering of the content and/or other information made available through the Services by third parties or other customers. Notwithstanding the aforementioned, the Company and/or its agents, shall have the right to remove any content which violates this licence condition or which arises in opposition in any other way.

4.4. The Customer agrees that it is up to the Customer to evaluate the risks involved with the use of the Service, including the reliance upon the accuracy, perfection and/or benefit of the content made available by the Service. The Customer also agrees that the risks with such use shall be on the Customer.

4.5. The Customer acknowledges that the Customer is responsible for any content, information and material that the Customer submits or transmits through any of the Company’s Websites, applications and/or any network status/posts/blogs and any other communications and/or content options made available by the Company, including the Customer’s responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material.

4.6. Additionally, the Customer represents and warrants that:

(a) the Customer owns all rights, title and interest in any content provided by the Customer, and

(b) the posting of the Customer’s content by the Company (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticise any person or entity. The Customer shall be solely liable for any damage resulting from any infringement or other violation of the copyrights, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any Content.

4.7. The Company does not undertake to review and monitor all the content and the Company does not in any manner endorse, support, sanction, encourage, verify or agree with any such content. The Company reserves the right to review, monitor, revise and/or remove any such content in any way the Company sees fit at the Company’s sole discretion. The Customer acknowledges that the Company may report to government authorities any actions that may be considered illegal and/or which may be required by such authorities. When requested, the Company may cooperate with government authorities in any investigation of alleged illegal activity. The Customer further confirms and acknowledges that the Company may also maintain records of all such content.

4.8. At certain times, the Company may provide the Customer with various tools, provide links to other websites, circulate newsletters and/or provide the Customer with third parties’ information for the Customer’s convenience. By doing so, the Company is not endorsing, giving any representation, warranting, guaranteeing or sponsoring the accuracy, correctness, timeliness, completeness or suitability of such information for the Customer, and/or as to the effect or consequences of such information on the Customer. Such information and tools are provided solely to assist the Customer to make the Customer’s own transaction decisions and does not amount to advice to the Customer.

4.9. The Company is not obligated to update the information displayed on the Company’s Websites at any time and the Company shall not be liable for the termination, interruption, delay or inaccuracy of any information.

4.10. Any information or material placed on the Company’s Websites by third parties reflects solely and exclusively the views of, and is the responsibility of, those who post such information or material, and does not represent the views of the Company and/or its affiliates.

5 INTELLECTUAL PROPERTY

5.1. All intellectual property rights (‘Intellectual Property’) including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, buttons, colour scheme and graphics are the Company’s sole and exclusive Intellectual Property and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations.

5.2. The Customer shall respect all Intellectual Property rights and unless the Customer is given  explicit permission by the Company, the Customer shall not use the Services for any purpose, other than ordinary purposes, and the Customer shall not change, sell and/or distribute the Company’s Services and/or create any products based on the Company’s Services, or on any part of it, without the Company’s prior written consent.

5.3. Under no circumstances shall the Customer remove any copyright notification from any of the Company’s Intellectual Property or unlawfully use the Company’s software. The use of the Company’s Services does not grant the Customer any rights other than those granted to the Customer by revocable Licence in any way.

5.4. Nothing contained in the Company’s Services shall be construed as granting, by implication or otherwise, any licence or right to use any trademark without the Company’s written permission or such third party that may own the trademark. Except as expressly stated herein, the Customer may not without the Company’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of the Company’s Services.

5.5. If the Customer links from another website to one or more of the Company’s Websites, the Customer’s website, as well as the link itself, may not, without the Company’s prior written permission, suggest that the Company endorses, sponsors or is affiliated with any non-company website, entity, service or product, and may not make use of any of the Company’s Intellectual Property other than those contained within the text of the link.

6 DISCLAIMER OF WARRANTIES

6.1. The Company does not recommend any form of transaction(s); or solicit to enter into any single transaction; or otherwise encourage the Customer to follow any specific transaction strategy in any jurisdiction in which such an offer or solicitation, or transaction(s) would be illegal.

6.2. The Company expressly disclaims all warranties of any kind, express or implied. The Services are provided ‘AS-IS’, and the Company and/or any third party information provider provides the Services without responsibility for accuracy and correctness.

6.3. By using the Services the Customer agrees that errors and/or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against the Company.

6.4. The Company does not warrant that the functions contained in the Services will meet the Customer’s requirements or that the operation of the Services will be uninterrupted or error free.

6.5. The entire risk as to the quality and performance of the Services is with the Customer. The Company and/or any third party supplier expressly disclaims any and all warranties, express or implied, including, without limitation, warranties of satisfactory quality and fitness for a particular purpose, with respect to the services or any use thereof. In no event shall either of the Company and/or any third party supplier be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to the application and the use thereof.

6.6. The Customer hereby specifically agrees and acknowledges that the above warranty is exhaustive and is in lieu of any other warranty, express or implied. In no event shall the Company and/or any third party supplier or their directors, officers, employees, contractors and agents be liable for lost profits, lost sales, lost business, lost opportunity, lost information, lost or wasted time or any special incidental or consequential damages (however arising, including negligence) arising out of, or with respect to the Services and the use thereof.

7 ACKNOWLEDGEMENT

7.1. The Customer acknowledges reading this End User Licence Agreement, understanding it and agreeing to be bound by its terms and conditions.

7.2. The Company reserves the right to amend, revise, modify and/or change the Operative Agreements at any time. Should the Company decide to make any changes, such changes shall be incorporated into the Company revised Operative Agreements.