Common use of Nature of the Services Clause in Contracts

Nature of the Services. 4.1 The Client acknowledges that it will be able to access the Social Media Platform and, correspond with, and purchase products and services from Social Media Platforms through the Services and that it does so solely at its own risk. Experian makes no representation or commitment of any kind and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any of the Social Media Platforms, or any transactions completed, and any contract entered into by the Client with any such Social Media Platform. Experian does not endorse or approve any Social Media Platform, the Social Data, software included in the Services which is made available by the Social Media Platform Provider or the content of any Social Media Platform made available via the Services. 4.2 The Client hereby acknowledges and agrees that the Social Data or software included in the Services which is made available by the Social Media Platform Provider is subject to the availability of the Social Media Platform and is made available to the Client on any terms and conditions, Insertion Order Terms, policies or rules that the relevant Social Media Platform Provider may from time to time impose including the Social Media Platform Provider’s privacy policy (“Social Media Platform Terms and Conditions”) and may be subject to the user of the relevant Social Media Platform agreeing to such use by or on behalf of the Client. 4.3 The Client is at all times responsible for ensuring that the Client complies with the Social Media Platform Terms and Conditions from time to time which the Client shall obtain from the Social Media Platform Provider directly. 4.4 Except as expressly and specifically provided in this Agreement, the Client assumes sole responsibility for results obtained from the use of the Services and for conclusions drawn from such use and nothing in the Schedule should be deemed a guarantee of the volume of fans, leads, clicks, advertising impressions or any other form of acquisition that will be generated for the Client. 4.5 All advertising campaigns on Social Media Platforms are subject to acceptance and approval by the relevant Social Media Platform. Experian has no responsibility for the Client’s advertising approval or performance on the Social Media Platform. 4.6 The Client shall be solely responsible for the Social Media Platform Fees incurred in relation to the Services including as part of Managed Services performed in accordance with this Agreement. 4.7 Where Experian provides Managed Services and places orders for advertising on Social Media Platforms on the Client’s behalf, pursuant to and in accordance with this Agreement and one or more Media Booking Forms, the Client acknowledges that this aspect of the Managed Services is performed subject to third party terms incorporated into the orders by the Social Media Platform Providers (“Insertion Order Terms”). The Client expressly authorises Experian to act on the Client’s behalf and enter into Insertion Order Terms with Social Media Platform Providers to provide the Managed Services in accordance with this Agreement. These Insertion Order Terms have been imposed and Experian has no authority or ability to agree to any amendments. Where applicable, the Client shall comply with and be bound by the Insertion Order Terms as if the Client had placed the orders directly. 4.8 Experian gives no warranty or representation that the Services will be available on a continuous or uninterrupted basis. In the event of any interruption to the Services, Experian’s sole obligation will be to restore the service as soon as reasonably practicable. The Client shall be solely responsible for procuring and maintaining its network connections and telecommunications to the Services, as required, and all problems, conditions, delays, delivery failures and for all other loss or damage arising from or relating to the Client’s network connections or telecommunications links or caused by the Internet.