Terms and Conditions

LIMITATION OF LIABILITY

You use the Service at Your own risk. MESSAGE LABS AFRICA shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or revenue, goodwill, anticipated savings, loss of use of the Service or any associated equipment, or cost of substituted facilities, equipment or services which arise out of performance or failure to perform any obligation contained within this Agreement or negligence or breach of statutory duty or any claims made by You or others in relation to the Service.
If any exclusion, disclaimer, limitation of liability or other provision of these Terms is held to be invalid for any reason by a court of competent jurisdiction and MESSAGE LABS AFRICA becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise in aggregate in respect of all claims arising in any month shall not exceed the total fees paid to MESSAGE LABS AFRICA by You in respect of Service provision to You for the relevant month.

Except for the express warranties given by MESSAGE LABS AFRICA in these Terms, MESSAGE LABS AFRICA gives no warranty, undertaking, indemnity or other comfort and makes no representation of any kind (whether express, implied, under statute, custom or otherwise) in relation to the Service, including without limitation: as to the merchantability of the Service, quality or fitness for a particular purpose, or as to non-infringement; that the Service will detect, identify or disable all or any specific harmful programs, viruses or harmful components; that the Service will not give false positive results; that Virus Updates will be provided for  all harmful programs, viruses, or harmful components; that the Services will meet End Users requirements; or that the Service will be error free and/or operate without interruption.

Page 3 of 8 <<prev next>>