Markit Genpact KYC Services Limited Disclaimer
Please read these terms carefully
Please read this disclaimer carefully. The following disclaimer is subject to the terms of any written agreement which you (or the organisation which you are authorised to act on behalf of) have with Markit Genpact KYC Services Limited or any of its affiliates ("KYC Services") (a "Written Agreement"). For the avoidance of doubt, if you (or the organisation which you are authorised to act on behalf of) have a Written Agreement, the terms of Written Agreement alone shall apply.
You hereby agree and acknowledge that you are expressly prohibited from using the content, information and materials herein and any information provided by KYC Services in any format and/or delivery method including without limitation email, facsimile, journalistic content (the "Content") for any purpose, including creating any derived data. You are specifically prohibited from distributing, transferring, sub-licensing, transmitting, selling, repackaging, assigning, leasing, reselling, publishing or otherwise making available all or any portion of the Content herein, or any derived data, analysis or presentation based on such Content, by whatever means to any person or entity. Any unauthorised use of any Content appearing herein may violate the intellectual property rights of KYC Services under any intellectual property laws such as copyright laws, trademark laws, regulations and statutes and is strictly prohibited.
KYC Services does not represent or warrant that any Content will be error-free, that any defects will be corrected, or that your use of the Content will provide specific results. The Content is delivered on an "as-is" and "as-available" basis. All Content provided is subject to change without notice. The entire risk as to the accuracy and completeness of all Content is with you. Neither KYC Services nor any data provider makes any warranty, express or implied, as to the accuracy, timeliness or completeness of the Content, or as to the results to be attained by you or others from your use of the Content. You hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that you have not relied upon any warranty, guaranty or representation made by KYC Services or any data provider.
The Content may contain certain forward-looking statements. Any forward-looking statements may be influenced by factors that could cause actual outcomes and results to be materially different from those predicted. Forward-looking statements may be identified by using the words "targets", "believes", "estimates", "expects", "aims", "intends", "will", "can", "may", "anticipates", "would", "should", "could" and similar expressions in such statements or the negative thereof. These forward-looking statements are subject to numerous risks and uncertainties. You are cautioned not to rely on these forward-looking statements. Except as required by law, KYC Services undertakes no obligation to publicly release any update or revisions to these forward-looking statements to reflect events or circumstances after their time of publication.
Without prejudice to any agreement which you may have with KYC Services, neither KYC Services nor any data provider shall in any way be liable to you or any third party for any inaccuracies, errors or omissions (regardless of cause) in the Content, or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, neither KYC Services nor any data provider shall have any liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by you or any third party, whether or not based on the Content contained herein.
Your sole remedy against KYC Services for dissatisfaction with the Content is to stop using the Content and this limitation of relief is a part of the bargain between the parties. This disclaimer applies to any damages or liabilities caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
You agree to indemnify, defend and hold harmless KYC Services from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party against KYC Services due to or arising out of your use of the Content.