2. Weiss further agrees to use reasonable endeavours to carry out Subscribers’ instructions made through the BMP (including but not limited to instructions to edit profile, view profile and contact information of Original Equipment Manufacturers (“OEMs”) or brand owners (“Buyers”) who have subscribed to the BMP) in a timely manner. However, there may be at times unintentional technical error or system breakdown which delay the process of carrying out Subscribers’ instructions or lead to complete failure in carrying out such instructions. Weiss does not warrant that Subscribers’ instructions on the BMP could be carried out at all times, and Weiss expressly disclaims liability for any delay or failure in carrying out Subscribers’ instructions on the BMP.
3. Weiss uses reasonable endeavors to provide accurate and timely information on the BMP, however, there may be at times unintentional technical or factual inaccuracies and typographical errors in the BMP information. Weiss does not warrant the accuracy or completeness of information displayed on the BMP, and LKG expressly disclaims liability for errors or omissions in information (including information of OEMs and Buyers) available on the BMP.
4. OEMs who are Subscribers may update or change their profile and share articles on the BMP for Buyers who are Subscribers to browse on the platform. Although Weiss uses reasonable endeavors to process and update the status of the OEMs’ profile and other information on the BMP in a timely and accurate manner, there may be occasions when the BMP is unable to accurately reflect or delay in updating the status of a particular profile which has been posted on the BMP. Weiss does not warrant the accuracy, completeness, reliability or timeliness of OEMs’ profile appeared on the BMP and expressly disclaims liability for any failure to update, view or browse a particular Subscriber’s profile or other information.
5. Subscribers’ information available on the BMP will be updated from time to time and Subscribers are recommended to check the BMP from time to time to view the latest profiles available.
6. In no events shall Weiss, its officers, employees, agents and/or contractors be responsible to Subscribers for any direct, indirect, incidental, special, punitive, exemplary or consequential loss, damage, claims and/or liabilities whatsoever arising out of any use or access to the BMP (including information and material contained therein) whether based on warranty, contract, tort or product liability.
7. Except as required by the laws of HKSAR, this exclusion of liability clause shall take effect to the fullest extent. Weiss reserves all rights that are not expressly covered in this Disclaimer.
8. Subscribers agree to defend or indemnify Weiss, its affiliates, related entities, directors, officers, employees, agents and contractors against any losses (including but not limited to consequential and indirect losses), liabilities, damages, costs, and expenses (including but not limited to reasonable legal, expert and accounting fees), incurred in connection with any claims, actions or demands alleging or resulting from the use of the BMP, or Subscribers’ breach of the Terms and Conditions of the BMP, or Subscribers wrongful or deceptive or deliberate or negligent acts or omissions, or Subscribers’ violation of the applicable laws and regulations or the rights of a third party. Weiss reserves the right to deal with/handle (including taking up proceedings) any claim by third party subject to indemnification by Subscribers. Subscribers agree to cooperate and assist Weiss in dealing with/handling such claim.