Disclaimer

 

1.         INTRODUCTION

  • Only the English version of the disclaimer (the “Disclaimer”) is legally binding. Translations – if any - have been provided purely for User’s convenience. In the event of discrepancy between a translation and the English version, the English version shall prevail.

2.         DEFINTIONS

  • The Definitions used in the Terms of Use and in the Terms of Subscription shall, unless otherwise defined herein, apply to this Disclaimer.
  • Any reference herein to Actee shall include any and all of its Affiliates, owners, directors, officers, employees, agents and consultants, except that this shall not constitute an undertaking that any of Actee or its Affiliates, owners, directors, officers, employees, agents or consultants shall be held jointly or severally liable for the obligations and liabilities of each other.

3.         DISCLAIMER

  • Any use of the Website and our apps, including the restricted parts of the Website, is subject to this Disclaimer and at the Users’ sole risk and expense.
  • The Website and the apps and information on the Website and in the apps is provided on an "as is" and "as available" basis without any warranties or representations of any kind, either express or implied. While Actee intends that all information shall be as accurate and up-to-date as possible, Actee does not guarantee or represent the completeness, reliability or the accuracy of the information contained within the Website and/or the apps, and cannot be held liable for any actions, including selling or purchasing decisions, taken based on the information provided.
  • To the maximum extent permitted by applicable law, Actee disclaims all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights for itself and its Affiliates.
  • Actee does not warrant that the Website and the apps will meet Users’ requirements or be uninterrupted, timely, secure, or error-free, nor does Actee make any warranty with respect to the results that may be obtained from the use of the Website or the apps, the Pro-ducts or Services advertised or offered or merchants involved.
  • Actee is not responsible for any loss or injury caused by User’s operating errors when accessing and using the Website and/or the apps and its available Services.
  • For purposes of clarity, Actee does not make any representations about and disclaims all warranties with respect to any actions or omiss-ions of a service provider or third party content owner.
  • In the event that User informs Actee of errors on the Website and/or the apps or their content, logic or their functionality, or if Actee itself detects such errors, Actee’ liability shall be limited to rectify the error.
  • Actee disclaims any control over, relationship with, or endorsement of websites to which the Website and/or the apps are linked, as well as to any third party apps that may be able to interact with the Website and/or with Actee’s apps.
  • Actee shall not be liable for any loss whether direct, indirect, incidental or consequential, arising out of access to, use of or reliance upon any of the content on the Website and/or the apps or on the sites and apps to which the Website and/or the apps are linked, regardless of whether such content is accurate or complete, and Actee will not pay any damages whether for loss or injury, punitive or otherwise because of any such access to, use of, or reliance upon any of the content on the Website and/or the apps or on the sites and apps to which the Website and/or the apps are linked.
  • Actee cannot guarantee that all available content will be found by a User through use of the Website and/or the apps, and cannot be held liable for failure to identify all content through a User’s search.
  • Purchase by a User of products or services from a third party via links on the Website and/or on the apps is a transaction between the User (purchaser) and such third party only, and Actee cannot be held liable for the third party’s decision to offer, promote or sell its products or services, nor for the purchasing specifications, or the correctness or completeness of the third party’s information about the potential purchaser, or for the failure by a User to pay for products or services via the Website and/or the apps. Similarly, Actee cannot be held liable for User’s decision to purchase products or services via the Website and/or the apps, nor for the purchasing specifications, or the correctness or completeness of any information about the products or services, or for the failure by an a third party seller to deliver the purchased products and/or services, or for any delay or defects in the products and/or services.
  • User understands and agrees that Actee or any other parties involved in creating, pro-ducing, transmitting, or distributing the Website and/or the apps or related Products or Services, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, inclu-ding but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Actee may have been advised of the possibility of such damages), resulting from: (i) User’s use or inability to use the Website and/or the apps and/or the Products and Services offered or provided via them; (ii) the cost of procurement of substitute Products and Services resulting from any Products, information, information or Services pur-chased or obtained or messages received or trans-actions entered into through or from the Website and/or the apps; (iii) unauthorized access to or alte-ration of User’s transmissions or information; (iv) statements or conduct of any third party on the Website and/or the apps; (v) or acts of nature, for-ces, or causes beyond Actee’ reasonable control, including, without limitation, internet failures, computer equipment failures, tele-communication equipment or other equipment fail-ures, electrical power failures, strikes, labor disput-es, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosi-ons, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-per-formance of third parties, or loss of or fluctuations in heat, light, or air conditioning or (vi) any other matter relating to the Website however caused and on any theory of liability (including negligence).
  • In no event shall Actee’ total liability to a User for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed the lesser of the amount paid by User to Actee during the last 12 months prior to the incident that caused the loss, if any, or DKK 100,000 per year.
  • Some jurisdictions do not allow the exclusion of cer-tain warranties or the limitation or exclusion of liabi-lity for incidental or consequential damages. Accord-ingly, Actee’ liability in such jurisdic-tions shall be limited to the maximum extent permitted by any law that may apply to such liability.
  • The Website and/or the apps may provide links to other websites and/or apps. Actee is not responsible for the availability of such other websites and/or apps and does not endorse or assume any liability for any content, products or other materials available on such other websites and/or apps. Further, Actee reserves the right to terminate any link or linking program at any time.
  • The material that Users read on the Website and/or the apps is provided solely for information purposes. By using the Website and/or the apps and their con-tents, User agrees to indemnify and hold Actee harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from User’s use of the Website and/or the apps, User’s use of the Products and Services offered via the Website and/or the apps, or User’s submission of ideas and/or related materials to Actee, or from any person's use of User’s Logon Information, regardless of whether such use is authorized by User.

Actee reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnify-cation by User, and in such case, User agrees to cooperate with Actee' defense of such claim.

  • Where Actee has provided any Products and/or Services to a User, Actee cannot be held liable for losses caused by outdated, inaccurate or incomplete information provided to Actee by third parties, whether under contract or not.
  • Actee be held liable for failure by a User to obtain export control permits or for any losses caused thereby.