Flashy Buy makes no warranty or representation, whether express or implied, that the information or files available on the Website or Sales Portal are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Flashy Buy, its employees, agents or authorised representatives.
Flashy Buy thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Services, Website or Sales Portal.
To the maximum extent permitted by law, Flashy Buy shall not be liable for any losses (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether Flashy Buy was advised of the possibility of such loss or damage) arising out of:
· Causes beyond Flashy Buy’s reasonable control.
· Any damage that is suffered by a member as a result of loss or theft.
· Any interruption, malfunction, downtime or other failure of the purchase processing software system or payment terminal or third party system or any component thereof for whatever reason.
· Any product unavailability or price fluctuations, whether due to currency fluctuations, increases in taxes or otherwise.
· Any personal information or other data which is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.