10. Disclaimers, Limitation of Liability and Indemnity
The services are provided "as is" and "as available." MrSpeedy disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. We do not guarantee the quality, suitability, reliability, honesty or ability of delivery agents. You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
10.2. Limitation of Liability
MrSpeedy shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, lost of property or delivery items or delivery items, damage to property or delivery items related to, in connection with, or otherwise resulting from any use of the services, even if we have been advised of the possibility of such damages. MrSpeedy shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any courier, even if MrSpeedy has been advised of the possibility of such damages. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.
MrSpeedy's services may be used by you to request and schedule delivery services with courier,, but you agree that MrSpeedy has no responsibility or liability to you related to any delivery services provided to you by courier other than as expressly set forth in these terms.
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.
MrSpeedy shall not be liable for loss or damage arising from or in connection with:
(a) your failure to provide complete and accurate delivery instruction and sufficient packing in respect of a delivery Item;
(b) the misalignment, wear and tear, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the delivery item;
(c) MrSpeedy's failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of the delivery Item by government
authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events; or
(d) any acts or omissions of any party other than MrSpeedy, including without limitation you, the named addressee, any government official or statutory body.
MrSpeedy shall not be liable for indirect or consequential loss or damage, including without
limitation loss of profit, income, interest, future business or anticipated savings, even if
the risk of such loss or damage was brought to our attention before or after acceptance of the delivery Item.
You agree to indemnify and hold MrSpeedy and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Services obtained through your use of our Applications; (ii) your breach or violation of any of these Terms; (iii) MrSpeedy's use of your User Content; or (iv) your violation of the rights of any third party, including Courier