Common use of No Guarantee or Warranty Clause in Contracts

No Guarantee or Warranty. 3.1 It is hereby acknowledged by Client that the data, information and messages disseminated and/ or provided through the Service to Client is derived either directly from the Company, Bursa Malaysia Securities Bhd (“BMSB”), other Stock Exchange(s) approved by Securities Commission and/or independent information providers. Client agrees that neither the Company nor any of its information providers, licensors, employees or agents guarantees the correctness, accuracy, completeness, timeliness or correct sequencing of any such data, information or messages disseminated and/ or provided by any party through the Service. Client acknowledges that there may be delays, omissions or inaccuracies in the information provided under this Service. 3.2 Client agrees that neither the Company nor any of its information providers, licensors, employees or agents shall be liable in any way for : (a) any inaccuracy, error or delay in, or omission of (i) any such data, information, or message, or any other aspect of the Service or (ii) the transmission or delivery of any such data, information, or message; or (b) any loss or damages arising from or occasioned by (i) any such inaccuracy, error or delay in, or omission, (ii) non-performance, or (iii) interruption of any data, information or message, or any other aspect of the Service, due either to any negligent act or omission by the Company or any disseminating party, or to any “force majeure” (including but not limited to flood, adversely inclement weather, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power or equipment failure, or software failure or malfunction) or any other cause beyond the reasonable control of the Company or any disseminating party; or (c) any decision made or action taken by Client or any other persons whomsoever in reliance upon the data, information or messages disseminated and/ or provided by the Service. 3.3 Client agrees: 3.3.1 That the Company does not warrant the merchantability or fitness for a particular purpose or use and gives no other warranty or guarantee of any kind, either express or implied, regarding the information furnished under the Service or any other aspect of the Service, including but not limited to data, information, messages, or access, or the execution of any buy or sell orders and/ or the cancellation or amendment of any such orders; 3.3.2 That neither the Company nor any of its information providers, licensors, employees or agents shall be liable for any direct, consequential, incidental, special or indirect losses or damages whatsoever which may arise or be caused by the failure or alleged failure of the Company to execute, cancel or amend such orders.