The following Terms and Conditions govern our relationship with our
clients
1. These Terms and Conditions Are Legally Binding
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Izam, Inc.is the owner and operator of the Daftra service (“ the
Service”). Your use of the Service is expressly conditioned on your
acceptance of these Daftra Terms and Conditions (“Terms and
Conditions”). By using the Service, you signify thatyou
unconditionally agree and accept to be legally bound by these Terms
and Conditions. No other terms or conditions of any sort in any
document, writing or other communication whatsoever made by you to
Daftra or its employees, representatives or agents in relation to
the Service shall be applicable to or binding on Daftra.
2. Changes To This Agreement Or The Services.
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Daftra reserves the right to alter these Terms and Conditions at any
time. Such changes will be effective and legally binding on you when
posted on our website for the Service or when we use reasonable
efforts to notify you by other means. Please review these Terms and
Conditions periodically for changes. Your continued use of this
Service after amended Terms and Conditions is posted on this website
or is otherwise brought to your attention signify that you agree and
accept to be legally bound by the changes.
3. Grants of Licenses to Use
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A. Daftra hereby grants to you a limited, non-exclusive,
non-transferable right to use the Service provided that you agree to
the following: -
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i. Daftra may, at its sole and absolute discretion, without
prior notice to you and without liability, reject, prevent,
discontinue or suspend your account(s) and/or your use of the
Service if, at its sole discretion, Daftra is of the opinion
that your use does not meet Daftra’s specifications or
guidelines, or which Daftra may consider to be inappropriate,
illegal or harmful to its interests. If Daftra exercises its
absolute discretion under this paragraph 3.1(a), it shall have
no liability to refund any portion of your pre-paid
subscriptions, if applicable. Without limiting or waiving any
right against you that Daftra may have under the law or these
Terms and Conditions in relation to any inappropriate, illegal
or harmful use, Daftra reserves the right to deduct any costs,
damages or expenses that it may have incurred in relation to
such inappropriate, illegal or harmful use from your unused
pre-paid subscriptions, if any, or to claim the same from you by
any other means.
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ii. You agree to comply with any policies or guidelines that
Daftra may introduce or amend from time to time. Daftra’s
policies or guidelines may relate to technical specifications,
privacy, acceptable content, and any other matter, as the same
may be amended by Daftra, at its absolute discretion, from time
to time.
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iii. You agree that you will not provide access to or furnish
any part of the Service to any third party; modify, disrupt or
interfere with the Service, supporting servers, or networks
either manually or through the use of scripts, viruses, or
worms; reproduce, duplicate, copy, deconstruct, sell, trade or
resell the Service; or excessively overload the systems that
Daftra uses to provide the Service.
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iv. Daftra may, at its sole and absolute discretion and without
prior notice to you, amend, suspend, vary or withdraw the
Service, these Terms and Conditions and/or its website at any
time and from time to time.
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v. You shall be solely responsible for your use of the Service
and shall indemnify Daftra for, and hold Daftra harmless from,
all loss, costs, and damages incurred by Daftra in connection
with any claims by third parties against Daftra in relation to
your use of the Service and in connection with your breach of
these Terms and Conditions or any policies or guidelines that
Daftra may introduce from time to time.
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vi. You hereby represent, warrant and covenant to Daftra that at
all times, (a) you have all rights, consents, licences and
permits that may be necessary or desirable for you to have in
order to use the materials, graphics, logos, videos, data or
information you input into the Service (where applicable) (“
Your Content”) in the manner and the purpose for which you use
Your Content; (b) all of Your Content comply with all applicable
laws and regulations and do not violate the rights (including,
but not limited to, intellectual property rights) of any third
party.
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vii. You represent and warrant to Daftra that you have the full
corporate rights, power and authority to agree to these Terms
and Conditions and perform the obligations agreed by you, and
that doing so does not and will not violate any agreement or
obligation to which you are bound, or any applicable law, rule
or regulation.
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viii. You hereby agree that Daftra may, but is not obliged to,
use your name and refer to you as a user of the Service in any
publicity, press release, advertising or marketing material,
throughout the world and using any form of media. If you wish to
use or display Daftra’s trademarks or mention Daftra in any
publication, website, press release or in any other manner, you
must obtain the prior written consent of Daftra.
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ix. You agree that you are solely responsible to obtain or
provide any hardware or software that you may need to gain
access to and use the Service, and for any damage or loss that
you suffer as a result of the operation of such hardware or
software, including incompatibility with any platforms used by
Daftra in providing the Service.
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x. You agree that Daftra is the sole owner of and has the right
to use any feedback you provide on the Service in any way
whatsoever including to improve existing or create new products
and services.
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B. Daftra reserves all rights in the Service not granted to you
expressly in these Terms and Conditions.
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C. You hereby agree to grant Daftra a worldwide, royalty-free,
non-exclusive license to publish, alter, adapt, compile, host and
use (a) Your Content (including, without limitation, to reproduce in
a material form, publish, perform, communicate to the public, and to
make an adaptation of Your Content) for the purpose of providing you
with the Service, and, (b) if Daftra provides any community forum
for users of the Service to exchange user tips and publish their
comments and opinions, any comments, opinions and other material you
upload or publish on such a forum.
4. Payment Terms
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A. By creating an account and subscribing for the Service or
renewing your subscription for the Service, you indicate you agree
to the charges imposed by: -
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B. Daftra for the particular services or products you have
requested. You agree to comply with any payment terms that Daftra
may impose from time to time. You may be required to pay Daftra in
advance and/or an annual, half yearly, quarterly or monthly basis to
use the Service. Your subscription may be renewed automatically on
or close to its expiry at the subscription rates applicable at the
time of renewal. However, even if a facility to renew your
subscription automatically exists, it is solely your responsibility,
and not that of Daftra, to ensure that your subscription is renewed
prior to its expiry, failing which your ability to use the Service
shall expire automatically. Daftra may not give you prior notice of
an automatic renewal. If Daftra is unable to effect this automatic
renewal for any reason whatsoever, your subscription will expire
automatically. For subscribers choosing to pay by credit card,
subscription fees for renewal may be charged to the credit card on
record unless Daftra is notified of a change or cancellation in
writing using the tools or means made available by Daftra.
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C. All sums payable by you to Daftra may be quoted exclusive of any
goods and services tax, or any other taxes that may be levied on the
subscription
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D. or charges levied by Daftra. As such, you agree that Daftra may
charge you and/or the credit card on record for any taxes or charges
that Daftra is required by any applicable law or regulation to levy
on the subscription or charges.
5. Term and Termination
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A. Daftra shall have the right to terminate its relationship with
you, without prior notice, if you breach or fail to comply with any
provision of these Terms and Conditions. This Agreement and your
ability to use the Service shall also automatically terminate upon
the expiry of your subscription.
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B. After termination, Daftra may, at its sole discretion, maintain
any data you have uploaded into its systems. However, you agree that
other than any obligations expressly stated in these terms and
Conditions, Daftra has no responsibility to you to maintain your
user account or any of your data after termination and you shall
hold Daftra harmless and free from any fees, damages, or claims you
may suffer in relation to the same or any claims or actions you may
have or face in relation to the same.
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C. If termination is due to your failure to renew your subscription
on a timely basis, you may reactive your account and access your
data if renewal under such circumstances are enabled by Daftra. To
do so you may have to pay any subscription fees or charges that may
be imposed by Daftra, including reactivation fees (if any), within
any period that may be stated by Daftra, failing which Daftra may
permanently remove and delete your user account(s) and any data you
have uploaded into its systems.
6. Subscription Cancellation and Refund Policy
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First: How to Submit a Cancellation Request
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No subscription cancellation request will be accepted or
processed unless it is sent exclusively from the email address
registered as the (Admin Email) in the account settings.
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Any request sent from a different email address or by an
unauthorized party shall be deemed invalid and unapproved.
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Second: Subscriptions
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Upon submission of a cancellation request, the consumed period
will be calculated from the start date of the subscription until
the date the request is received through the approved email.
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The value of the consumed period shall be calculated based
solely on the monthly price announced on the company’s official
website (without taking into account any discounts, promotions,
or special rates associated with the client’s account). The
refund amount will be calculated on a daily basis according to
the actual number of days used up to the date of the request.
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If an alternative resolution is agreed upon with the client and
the subscription remains active, or if the company responds via
email notifying the client that the issue has been resolved and
the cancellation request is withdrawn with the client’s
approval, the cancellation request shall be deemed void. If the
client does not object to or reject the resolution within two
(2) business days from the date of notification, the response
shall be considered final and binding. In the case of submitting
another cancellation request, only the latest valid request will
be considered, and any previous requests shall be disregarded.
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The company undertakes to refund any due amounts (if applicable)
within thirty (30) days from the date of confirmation of the
request, unless exceptional circumstances beyond the company’s
control arise. If a delay or obstacle is caused by the client,
the 30-day period shall commence from the date of the company’s
last confirmation to proceed with the refund process.
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Third: Validation and Execution
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A cancellation request is not considered effective until an
official receipt confirmation is issued by the company via
email.
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The client remains liable for the payment of any fees or
financial obligations due up to the date the cancellation is
approved.
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Fourth: General Provisions
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The company reserves the right to amend or update its
cancellation policy at any time, provided that the updated
version is published on the official website.
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Continued use of the service by the client after the publication
of any modification shall be deemed an implicit acceptance of
the changes.
7. Refunds, Transfers, and Account Ownership Disputes
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First: Refunds and Transfers to the Original Payment
Method
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Any refund or financial transfer will be made exclusively to the
original payment method used during the subscription (credit
card, bank account, e-wallet, or any other electronic payment
method).
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Under no circumstances shall funds be transferred to a
third-party account or payment method; refunds shall only be
made to the same account or payment source used for the original
transaction, under the same owner’s name or entity that made the
payment.
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Second: Multiple Claims of Account Ownership
If the company receives more than one cancellation or refund
request from multiple parties each claiming ownership of the
account, the company has the right to suspend any financial or
administrative action until the dispute is legally resolved, as
follows:
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A. Suspension of all actions: Once a complaint or dispute
regarding account ownership is received, the company immediately
suspends all actions related to the subscription, refund, or any
financial transfers, until the legal review is completed and the
dispute is resolved.
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B. Submission of documents: All parties are required to submit
official documents as determined by the company to prove
ownership (such as a final court judgment, enforceable judicial
decision, or document issued by a competent authority). The
company reserves the right to request any additional documents
it deems necessary to verify the authenticity and validity of
the provided evidence. These documents will be reviewed and
decided upon by the company’s legal department.
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C. No execution before verification: No refund, cancellation, or
financial transfer request shall be executed until all documents
are reviewed, verified, and explicitly approved by the company’s
legal department.
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D. Document submission timeframe: If any party fails to submit
the required documents or refuses to participate in the
verification process within a maximum of two (2) business
days—as proof of seriousness in their claim—the company reserves
the right to reject the request, suspend the account, or deem it
void until a final court ruling is issued.
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E. Enforcement of court rulings: Upon the issuance of a final
judicial ruling determining account ownership, the company shall
implement the ruling, provided that the requested financial
transactions match the judgment’s terms and have been verified
and approved by the company’s legal department.
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Third: Execution and Validation
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Only requests received from the authorized email address (the
registered Admin Email in account settings) shall be recognized.
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Any refund or other action will only be processed after
completing legal review and verifying all identity and ownership
requirements. These procedures will be completed within the
timeframes stated in this policy, or within a period the company
deems appropriate to ensure thorough verification and review.
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The company has the full right to reject or delay any request if
it finds that the submitted documents or evidence are
insufficient or fail to meet the required legal verification
standards.
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Fourth: Protection of the Company’s Rights
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The company reserves the right to take any necessary legal
measures to protect its interests in the event of an account
ownership dispute, including filing lawsuits or taking
compensatory actions against the disputing parties.
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The company also reserves the right to charge any disputing
parties administrative or legal fees it deems appropriate,
arising from the dispute or its related procedures, without
bearing any responsibility for such costs.
7. Your Data, Daftra’s Data, the Storage and Transmission of Your Data
and the Daftra Privacy Policy
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A. You or your customers, partners or associates, whichever may be
applicable, are the owner of any data you upload into the Service (“
Your Data”). You hereby agree that Daftra is the owner of all data
other than Your Data, including any system generated data generated
by the Service or any data compiled from data inputed into the
Service by all users of the Service on an aggregate basis (“
Daftra’s Data”). Daftra may use all of Daftra’s Data in any way it
chooses including to improve or adapt its services, or to create or
design new products and services.
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B. You acknowledge and agree that the nature of the Internet is
international and that Daftra has your express consent to store and
provide access to your personal or confidential information, and
that of your users(s) and customers, in and from Canada, and to
transmit and deliver such information via the Internet which may
involve its transmission across multiple jurisdictions.
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C. The Daftra Privacy Policy, as may be amended or updated from time
to time, is incorporated into and form part of these Terms and
Conditions.
8. Your account(s) and Password(s)
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A. The responsibility to keep secure and confidential any
password(s) and user ID(s) Daftra may issue to you to access the
Service, rests solely with you and the employees, representatives
and agents of yours that are entrusted with the same. If you become
aware of any unauthorized access to your account(s), or any misuse
of your password(s) and user ID(s) you must activate the process put
in place to disable your account(s) and/or re-issue new password(s)
or user ID(s) as soon as possible.
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B. You agree that you are solely responsible for the actions and
omissions of the person(s) you nominate as user(s) or
administrator(s) of your account(s) for the Service. You also agree
that Daftra may accept instructions and requests from and
communicate with such person(s) until and unless Daftra receives
notification that such person(s) are no longer your user(s) or
administrator(s), and such instructions, requests and communications
are valid and legally binding on you. In addition, you are
responsible for any and all use of your account(s) by any persons
who are in possession of your user ID(s) or password(s).
9. Your indemnity in Favour Of Daftra
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If Daftra and/or any of their affiliates (collectively the
“Indemnified Parties”) take any action to enforce any of the Terms
and Conditions, you agree to indemnify and hold harmless the
Indemnified, their affiliates, and their respective officers,
directors, employees and agents from and against any and all claims,
losses, costs, expenses, causes of action or demands, including
reasonable legal and accounting fees, arising out of and relating to
your use of the Service, and any and all breaches by you of these
Terms and Conditions.
10. Service Level Agreement
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The Service Level Agreement attached to these Terms and Conditions
is incorporated into and form part of these Terms and Conditions.
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No Warranties
UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY
LAW, DAFTRA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND
REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS OR SERVICES
AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS
WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS.
DAFTRA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR
RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR
THIS WEBSITE. DAFTRA EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS
AND CONDITIONS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED
WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED
BY THE LAWS OF TheUnited States of America.
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DAFTRA DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS
OR ANY E-MAIL SENT FROM DAFTRA IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
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FOR THE AVOIDANCE OF DOUBT, DAFTRA DOES NOT GUARANTEE THE
EFFECTIVENESS OF THE SERVICE.
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DAFTRA TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR
PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE
INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT
FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR
INFORMATION. IN ADDITION, DAFTRA SHALL NOT BE LIABLE FOR ANY
COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS,
APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.
11. Limitation of Liability
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TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL DAFTRA BE
LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
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EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF
OR IS IN ANY WAY CONN CONTENT FOUND HEREIN, (II) ANY FAILURE OR
DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE
ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE
OR NON PERFORMANCE BY DAFTRA EVEN IF THE DAFTRA HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
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If, notwithstanding the foregoing, Daftra should be found liable for
any loss or damage which arises out of or is in any way connected
with any of the above described functions or uses of this site, the
Service or its content, to the full extent permitted by law the
combined aggregate liability of Daftra shall in no event exceed the
value of the monthly subscription for the Service paid by you or
USD$1000.00, whichever is lower. Further, Daftra’s liability to you
in contract, tort, negligence, strict liability, under statute or
otherwise will be reduced to the extent, if any, to which you
contributed to the loss or damage.
12. Force Majeure
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Daftra has no responsibility for and is released from all
contractual obligations and liability (e.g. for damages) if its
performance of these Terms and Conditions is affected by an event of
force majeure. For the purpose of this clause, the term “force
majeure” means and includes any event which was not under the
control of Daftra, or was not reasonably foreseeable, including, but
not limited to any natural disaster such as thunderstorm, flood or
storm, fire, national emergency, strike or equivalent labour action,
or the unavailability of the Internet for reasons beyond the control
of Daftra.
Thank you for taking the time to understand our Terms &
Conditions.