6.1. Release of OyemExchange: If you have a dispute with one or more users of the OyemExchange Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees, and representatives will be liable for any claims, demands, and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
6.2. Indemnification: You agree to indemnify us, our affiliates, and service providers, and each of our or their respective officers, directors, agents, employees, and representatives, in respect of any costs (including attorneys' fees and any fines, fees, or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands, or damages arising out of or related to your breach and/or our enforcement of this Agreement.
6.3. Limitations of Liability: We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement, and our liability in these circumstances is limited as set out in the remainder of this section.
6.3.A. Liability Cap: Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees, or representatives, will be liable for any amount greater than the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at any given time. Where we are considering a specific claim relating to a specific transaction, this sum shall be further limited to the amount of the transaction in dispute.
6.3.B. Limitation of Loss: In addition to the liability cap at Section 6.3.A. above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees, or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
- Any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same.
- Any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management, or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same.
- Any loss of use of hardware, software, or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect, or omission of digital currency price data; any error or delay in the transmission of such data; and/or any interruption in any such data.
- Any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and/or
- Any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
6.3.C. Applicable law: The limitation of liability in this Section 6.3 is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the OyemExchange Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor's negligence.
6.4. No Warranties: The OyemExchange services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and/or noninfringement. We do not make any representations or warranties that access to the OyemExchange Site, any of the OyemExchange Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy or completeness of historical Digital Currency price data available on the OyemExchange Site. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control. OyemExchange is a regulated platform and as part of achieving this goal, we are obligated to implement regulatory compliance mechanisms. You agree to follow strict instructions, including but not limited to inputting only the instructed transfer narration when making a payment for purchase.
6.5. Safety and Security of Your Computer and Devices: OyemExchange is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. OyemExchange customer support will never ask to screen share (unless extremely necessary) or otherwise seek to access your computer or account; similarly, we will not ask for your two-factor authentication codes. Always log into your OyemExchange Account through the OyemExchange Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
6.6. No Liability for Breach: We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.