SERVICE SPECIFIC TERMS & CONDITIONS (“SSTC”)

MAXIS CLOUD POS


GENERAL

  1. Cloud POS Service is a self-service technology solution which is a cloud-based point-of-sale software that allows you to monitor your sales and inventory, look up transactions and to manage your stores from anywhere with an internet connection (hereinafter the “Service” and constituting a Service(s) as defined under the General Terms & Conditions) in accordance with the selected Cloud POS Plan(s) (“Plans”).
  2. You:The Business Customer signing up for the Service.
  3. The Service and your use of the Service are subject to the General Terms & Conditions (the “GTC”), these Service Specific Terms & Conditions (this “SSTC”), the Summary Terms & Conditions (the “STC”), the Maxis Fair Usage Policy, the Maxis Group Privacy Statement, and any other applicable terms and conditions, all set out at www.maxis.com.my/tnc/business (collectively, the “Terms”). 
  4. Capitalized terms herein have the same meaning as defined in the GTC.
  5. Any conflict or inconsistency between this SSTC, the GTC, and the STC shall be construed in the following order of precedence:
    (a) this SSTC; (b) the GTC; and (c) the STC.
  1. You acknowledge and agree that by using the Internet in general, you may be subject to various risks, including amongst others:
    1. unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the network; and
    2. unauthorised exposure of information and material you listed or sent, on or through the Service, to other users, the general public or any other specific entities for which the information and material was not intended by you.


DEFINITIONS AND INTERPRETATION

  1. Unless the context otherwise requires, the words below shall have the following meaning:
    “Content” means certain information including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, animations, logos, button icons, audio clips, messages, links, listings or other materials published in any medium;
    “End User” means your employee or agents or any person authorized to act on your behalf in relation to the Service;
    “Licensor” means any third party licensor of any intellectual property forming any part of the Service.
    “Log-on Detail” means the user identification detail and/or email address entered which is unique to you and accompanying initial password supplied to you for access to the Service;
    “Password” means the string of alphanumeric characters selected by you which, being unique to you and known only to you and Maxis, authenticates your user identification detail whenever you access the Service.


ELIGIBILITY

  1. To be eligible for the Service, you must be our existing Business Customer or new Business Customer who signed up for a Maxis fixed and/or mobile postpaid services.


PROVISION OF SERVICE

  1. In order to use the Service, it is necessary that you have devices/hardware that allows you access to the Internet.
  2. The Service does not include the provision or maintenance of any devices/hardware, computer equipment or software required by you to connect to the Service mobile application and Service web application. You may however purchase devices/hardware to be used together with the Service(s) at the price as informed by us.
  3. You are solely responsible to ensure all other devices/hardware or parts thereof are compatible and can properly function and to use only properly licensed third party software in connection with the use of the Service at your expense. For the avoidance of doubt, we shall not be liable for any failure to provide the Service due to faulty devices/hardware.
  4. The features of each Service plan are set out in the attached Appendix I. You acknowledge that we may modify or replace any software or add, remove, suspend of stop any features or functionalities of the Service at any time without notice to you.
  5. Maxis reserves the right to suspend all or any part of the Service for operational reasons or in an emergency.


YOUR CONTENT

  1. We do not control, actively monitor or review your Content and you shall be responsible for any of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
  2. Service allows you and/or your End Users to post, upload, send or otherwise make available Content on your Service. When you do that, you retain the ownership rights in your Content which are your sole responsibility. You are also responsible for any links to other third party websites or resources or services that you use. We do not claim ownership of your Content and you (or your End Users) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from the collection of predesigned templates.
  3. You are entitled to use materials that we render available to you solely to use Service for its intended purpose. Please note that our resources (in particular the predesigned templates) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular on your Service. If you do not satisfy our demand, we shall be entitled to delete such materials at our sole discretion, with no liability on our side. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
  4. If you post, upload, send or otherwise make available Content which belong to a third party, you undertake that you have obtained the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
  5. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of your Service violates the law or the third party’s rights.
  6. While we are not required to pre-screen or control your activity related to the use of the Service, you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the Service or any part of it, with or without notice, at our sole discretion at any time if we receive any information or have reasonable suspicion that your or the End Users’ activity or your Content violate these terms and conditions or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
  7. You should not post, upload or send Content that:
    1. violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other intellectual property right;
    2. misrepresents or misleads;
    3. bullies, harasses or intimidates;
    4. slanders, defames or libels; and/or
    5. spams other users.
  1. You acknowledge and understand that your Content cannot be recovered if your account is terminated for any reason whatsoever. We are not liable for any loss or damage following, or as a result of, termination of your account,and it is your responsibility to ensure that your Content which you require is backed-up or replicated before termination.


DEVICES/HARDWARE

  1. You have the option to purchase from us devices/hardware and the bundled accessories for use with the Service, which are supplied by third party supplier(s) (collectively and individually referred to as “Supplier”) and not by Maxis. Maxis’ role is limited to the provision of the Service to you. 
  2. The models of the devices/hardware are subject to availability. The devices/hardware are subject to the respective manufacturer’s terms of use (as applicable). Maxis reserves the sole and absolute right to change or replace the models of the devices/hardware without any prior notice at any time.
  3. You acknowledge and agree that any installation of devices/hardware and on-site support or training is subject to additional Charges.
  4. We reserve the right to impose cancellation charges up to 100% of the total value of the order in the event an order is cancelled after our receipt of your order for devices/hardware and we have already issued an order to the Supplier.

  1. WARRANTY

    1. You acknowledge that the warranty for the devices/hardware (“Warranty”) is provided by the Supplier or manufacturer from the date of purchase.
    2. In the event of any issues with the devices/hardware, you may contact the Supplier directly to rectify and resolve the issues unless otherwise informed by Maxis.
    3. If a device/hardware is found to be faulty during the Warranty period, the faulty devices/hardware will either be repaired or a replacement will be provided by the Supplier provided always that the devices/hardware has not been tampered with and the fault is covered under Warranty. If the devices/hardware has been tampered with or the fault is found to be not covered under Warranty, additional Charges may apply for repairs or replacement of any faulty devices/hardware.
    4. You agree that you shall comply with any Maxis’ instruction to deliver the faulty devices/hardware to the Supplier for repairs. Maxis will notify you if there is any delivery costs involved.
    5. The Warranty does not cover damages as a result of (i) natural wear and tear, (ii) tampering of the devices/hardware, (iii) where the fault is found to be not covered under Warranty, (iv) failure to comply with operating instructions, (v) improper use or interference by you or third parties, (vi) use of non-original components, (vii) Force Majeure events, or (viii) other reasons for which we and the Supplier are not responsible. Charges will apply for replacement of any faulty devices/hardware in such circumstances.

  1. DELIVERY
    1. All delivery dates given are estimates only and shall not be binding. We and the Supplier are not be responsible for any delays in delivery (including any purported binding agreed delivery dates) due to Matters Beyond Our Reasonable Control or other events that render delivery considerably more dfficult or impossible (including difficulties in procuring materials, operational disruptions, principal courier company, customs, strikes, lock-out, shortages in transportation, directives or regulatory orders, including where these occur in relation to the Supplier's own supplier or their sub-contractors).
    2. Such delays shall entitle us and the Supplier to postpone the delivery for the duration of the hindrance including a further reasonable period or to rescind the order, in whole or in part. You will be promptly notified of such delay.
    3. You agree that partial deliveries may be rendered and the issuance of invoices may be on that basis.
    4. Upon receipt of the devices/hardware, you shall promptly inspect the devices/hardware to ensure that the right quantity has been delivered and that they conform to the agreement and specifications. You have five (5) days to report of any non-conformance or faulty devices/hardware failing which it shall be deemed that you have received the correct quantity of the devices/hardware and they are in good condition and working order.
    5. If you report of any non-conformance or faulty devices/hardware within the stipulated period, you shall not use, dispose of or alter the devices/hardware in any manner. You shall return the non-conforming or faulty devices/hardware as instructed. Any failure or refusal to do so shall void all warranties in relation to the devices/hardware.
    6. If the devices/hardware are determined to be non-conforming or faulty, the Supplier may at their absolute discretion either (a) repair the faulty IoT Terminals, or (b) provide a replacement, free of charge.
  1. You agree that you shall not rescind or cancel any order in the event of immaterial non-conformance. Should you elect to do so, in whole or in part, due to an immaterial non-conformance or failure to remedy, you agree that Maxis shall not be liable for damages based on the immaterial non-conformance or failure to remedy.


MINIMUM PERIOD OF SERVICE

  1. You agree to be subject to a minimum period of service of twenty four (24) months from the activation date (“Minimum Period of Service”). Upon expiry of the Minimum Period of Service, the Service shall be automatically renewed on a monthly basis (“Renewed Term”) on the same terms and conditions unless terminated by either party by giving a thirty (30) days advance written notice.


CHARGES

  1. The Charges for the respective Plan shall be set out in the Maxis Registration Form. The Charges are exclusive of all applicable taxes.
  2. The monthly Charges for Service shall be paid in full (1 month) regardless of the date of activation or termination.


LICENSE

  1. You agree that: 
    1. your use, and use by your End Users, of the Service shall be subject always to the Licensor’s terms and conditions including but not limited to any end user license agreement or any other terms in connection with the grant to you of any right or license to use the Service, as set out in Appendix II (the “Licensor’s Terms”);
    2. Maxis is not responsible or liable to you in connection with any intellectual property of the Licensor or any other third party;
    3. Maxis is not responsible or liable to you in connection with any termination or suspension of any right or license granted to you by the Licensor; 
    4. Maxis is not responsible or liable to you in connection with the Licensor’s exercise of any of its rights under the Licensor’s Terms; and
    5. you will, at your sole cost and expense, indemnify, defend, and hold Maxis harmless against any claims from any third parties (including claims by the Licensor) in connection with your breach of the Licensor’s Terms.


LOG-ON DETAILS

  1. We will create an account and provide you with one (1) main Log-on Detail information required to connect to and access the Service, including a sufficient number of Log-on Details, as determined by us to provide your End User(s) with access. You agree that you are responsible for any activity that occurs in your account and shall be liable to pay increased licence fees on the basis of increased number of users.
  2. Maxis reserves the right to request you to reset or alter your Password. You may change and/or create new Log-on Details at any time by submitting a request to us in writing which shall be subject to our approval and any additional charge. The right to your account, Log-on Detail and other identifiers used for the Service does not transfer to you and can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
  3. You are encouraged to periodically change your Password especially when an End User is changed.
  4. We reserve the right to invalidate or suspend your Log-on Details and Password at any time without being obliged to offer you any explanation or prior notice in the event of (i) non-payment, (ii) suspected and/or proven misuse of the Service, (iii) you are not complying with your responsibilities and obligations under this Agreement, or (iv) any infringement of a third party's intellectual property occurs or is alleged in connection with the Service. We shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.


YOUR RESPONSIBILITIES AND OBLIGATIONS

  1. You acknowledge and agree that you shall:-
    1. comply with the Licensor’s Terms and ensure that your End Users comply with the Licensor’s Terms;
    2. always use caution when giving out any personally identifiable information about yourself or your personnel via Service and/or the Services;
    3. not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to Service without the prior written consent of Maxis;
    4. retain Service at all times in the custody and control of yourself and not permit any third party to use Service. Use of Service by any third party shall be deemed to be use of Service by you;
    5. be solely responsible for any data or Content transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information; 
    6. not suspend Service at any time. Service shall continue even if you suspend the Maxis connectivity service;
    7. access the Service mobile application and Service web application only through the interface provided by Maxis and not by any other automated means or interfaces;
    8. use the Service at your own risk, including information and data you upload, input or provide when using the Service;
    9. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts. You agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
    10. not use or permit the use of the Service or install, connect, link or use or permit the installation, connection, linking or use of any equipment in contravention of any law or which generates or is likely to generate traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any service by us or any other service provider;
    11. use the Service according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the Service at our request;
    12. impose necessary restrictions and obligations on the End Users to ensure they uphold these terms and conditions as if the End Users were a party to this Agreement;
    13. be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against;
    14. be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the Service and other equipment and software in your name and at your expense; and
    15. ensure that all other equipment and software used in connection with the Service or part thereof are compatible and can properly function.


DISCLAIMER AND LIABILITY

  1. YOU AGREE THAT THE SERVICE, IN WHOLE OR IN PART, IS PROVIDED BY THIRD PARTY SERVICE PROVIDERS INCLUDING THE LICENSOR AND/OR ANY OTHER THIRD PARTY PROVIDING ANY HOSTING, DISTRIBUTION, MANAGEMENT, MAINTENANCE AND/OR OPERATION OF ANY SOFTWARE, SOFTWARE WHICH IS PROVIDED AS A SERVICE, DATA, DATABASE, INFRASTRUCTURE, AND/OR PLATFORM, WHICH IS PROVIDED AND/OR ACCESSED OVER THE INTERNET AND/OR ANY OTHER NETWORK.
  2. IN ADDITION TO AND NOT IN DEROGATION OF THE GTC, WE EXCLUDE ANY LIABILITY RELATED TO IT AND ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSES ARISING FROM ANY CLAIMS WHATSOEVER INCLUDING BUT NOT LIMITED TO CYBER TERRORISM, INVASION OF PRIVACY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR BREACH OF ANY LAW OR REGULATION ARISING FROM THE USE OF THE SERVICE, WHETHER BY YOU OR ANY OTHER THIRD PARTY. RISK PASSES TO YOU IMMEDIATELY UPON ACTIVATION OF THE SERVICE.
  3. WE DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN THE SERVICE AND, THEREFORE, WE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICE.
  4. WE ARE NOT LIABLE FOR ANY UNAUTHORISED ACCESS OR USE OF THE SERVICE (NOTWITHSTANDING THE CAUSE OF SUCH UNAUTHORISED ACCESS) AND FOR ANY LOSS OR DAMAGE DUE TO LOSS OF YOUR INFORMATION AND/OR DATA AND SHALL HAVE NO OBLIGATION TO BACK UP OR MANAGE THE DATA/INFORMATION.
  5. WE DO NOT RECOMMEND THE USE OF THE SERVICE WHERE THE RISK OF NON-CONNECTION OR LOSS OF CONNECTION OF THE SERVICE CARRIES A MATERIAL RISK. WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU OR ANY THIRD PARTIES MIGHT SUSTAIN AS A RESULT OF THE USE OF THE SERVICE BY YOU. ACCORDINGLY YOU MAY ONLY USE THE SERVICE IF YOU ACCEPT ALL SUCH RISK AND INSURE ACCORDINGLY.
  6. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAXIS SHALL NOT BE HELD LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY MAXIS OR ITS AGENTS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. 
  7. MAXIS DOES NOT GUARANTEE THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT MAXIS WILL CORRECT ALL ERRORS IN THE SERVICE; (B) THE SERVICE WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) THE SERVICE, INCLUDING ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU OBTAIN FROM MAXIS UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (D) ANY SERVICE LEVELS, PERFORMANCE INDICATORS, OR ANY OTHER BENCHMARKS WILL BE MET BY THE SERVICE. 
  8. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN COMMUNICATIONS FACILITIES AND NETWORKS, INCLUDING THE INTERNET. MAXIS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
  9. YOU AGREE THAT MAXIS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICE AT ANY TIME WITHOUT NOTICE.
  10. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS THAT YOU LOAD INTO OR USE TOGETHER WITH THE SERVICE OR CREATE, AND YOU AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND MAXIS AGAINST ANY CLAIM AND INDEMNIFY MAXIS FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS. 


TERMINATION

  1. If you terminate Service or the Service(s) resulting in the termination of Service before the expiry of the Minimum Period of Service, you will be charged with an early termination charge per license. The calculation for the early termination charges shall be: The monthly commitment fees of the Service X the balance of the Minimum Period of Service (“Early Termination Charge”)
  2. If you (i) downgrade the Service Plan (ii) re-sell, re-supply, transfer and/or assign/novate the Service license to a third party, or (iii) change, transfer or assign/novate the Service to a different payment responsible accounts, we are entitled to terminate the Service. You will be charged with the Early Termination Charge. Upon any re-subscription of the Service by you, the Minimum Period of Service shall begin anew. If you upgrade to a Service Plan with a higher monthly recurring charge, you will not be required to pay the early termination charge for the previous Plan and the Minimum Period of Service of the new Plan subscribed by you shall start afresh.
  3. Once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your account, set or planned campaigns, collected data and other information, cannot be reversed, and we shall bear no responsibility for consequences resulting therefrom.
  4. We reserve the right without liability, to discontinue or terminate the Service or any part thereof for whatever reason including but not limited to reason of non-payment without any notice to you.
  5. You shall still be liable for all monies due and owing by you as at the date of discontinuance or termination.


APPENDIX I – SERVICE SPECIFIC TERMS & CONDITIONS (“SSTC”) – MAXIS CLOUD POS

  Basic (Ideal for Retail)
Pro (Ideal for F&B)
Cloud POS RM198/mth RM228/mth
OPTIONAL Add-On
mPOS Card Reader
mPOS with IoT SIM plan (RM62/mth per plan)
1x Mobile App Access
1x Kitchen Display System
RM120/mth
RM100/mth
1x mPOP
+ RM2,000
(one-off advance payment)
(Cash drawer + receipt printer + tablet stand)
   


APPENDIX II – SERVICE SPECIFIC TERMS & CONDITIONS (“SSTC”) – MAXIS CLOUD POS

Xilnex™ EULA
By downloading, installing or otherwise using the Cloud POS software as a service (“Service”), you (“User”) agree, represent and warrant that your use of this Service will be solely for your lawful use and for no other purpose. This is a software agreement and not an agreement for sale. The licensor and provider of the Service (“Company”) reserves the right to modify these terms without prior notice. The User’s continued usage of the Service constitutes the acceptance of these terms and any terms as may be modified from time to time. If the User is entering into this agreement on behalf of a company or other legal entity or person, the User’s acceptance represents that the User have the authority to bind such entity or persons to these terms. The violation of any terms will result in the suspension and/or termination of the account at the absolute discretion of Maxis and/or the Company.

  1. The Company may prohibit any User from using the Service in its sole discretion at any time for any reason deemed fair, just and reasonable, and is not liable for any damage or loss resulting from such prohibition.
  2. The Company reserves the right to modify/upgrade/customise/add/remove or make any updates of similar nature to the Service to ensure that the Service is well-maintained from time to time.
  3. The User is responsible for using the Service in a private and secure manner; the Company is not liable for any damage or loss due to unauthorised account access resulting from the User’s actions.
  4. The User agrees not to exploit the Service to access or attempt to access any unauthorised information by any means other than through the interface provided by the Company unless the User have been specifically allowed to do so in a separate agreement.
  5. Any abuse or threatened abuse or misuse of other users of the Service or Company personnel will result in immediate account termination.
  6. In order to use the Service features, the User is required to use the account created for the User (an “Account”). The User is solely responsible for all activity that occurs in the Account and is under a duty to keep the password secure.
  7. The Service is licensed and is not sold to the User and the User acknowledges that the Company retains all title, copyrights, patents, trademarks, trade secrets, ownership rights and other Intellectual Property Rights or rights of publicity or privacy in and to the Service. The materials provided on this site and via the Services is protected by law, including, but not limited to, international copyright law and international treaties.
  8. It is to be noted that the use of the Service may require and utilise Internet connection. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, the User agrees to be solely responsible for those charges.
  9. The User agrees and consents that the Company is allowed to disclose to Maxis, information relating to the Service provided by the Company to you including Customer Data and Personal Data. The Company is entitled to disclose all information relating to the Service provided by the Company to the User including Customer Data or Personal Data whenever requested by Maxis.
  10. The Company does not warrant that the Service will operate error-free, that the Service is free of viruses or any other harmful code or that the Company will correct any errors in the Service. The User agrees that the Company will not be held responsible for any consequences to the User or any third party that may result from technical problems beyond the control of the Company or any force majeure events including without limitation in connection with the Internet.
  11. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.