| By participating in any Offer/ Individual Offer, you hereby agree to release, discharge and hold harmless the Company, 4Group Inc and its subsidiaries, its legal representatives, affiliates, agencies and respective officers, directors, employees and agent, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) ("Claims"), as a result of your participation in the Promotion and/or any Prize/Award that may be awarded to you as a result thereof and we fully exclude any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the Prize/Award (if any) with respect to an Offer/ Individual Offer). This limitation does not include any liability on the part of us to you for Company negligence, personal injury arising out of Our negligence or the negligence of Our employees, fraudulent misrepresentation, or any liability that cannot be excluded or limited by applicable law. For the avoidance of doubt, this clause shall also apply in respect of any Prize and/or Award provided by a third party. As stipulated under clause 4.1 above, you acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort or otherwise, in no event will the Company, 4Group Inc and its subsidiaries, affiliates, including, without limitation, their respective officers, directors, employees, successors and assignees, be liable to you or any party (including any third party participating in the Offer/ Individual Offer) for any indirect, special, exemplary, punitive, incidental, consequential (including, but not limited to, damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data), or any other damages arising in any way from or in relation to your participation in any Offer/ Individual Offer (or inability to do the same), even if the Company has been advised of the possibility of such damages or any claim attributable to errors, omissions, or other inaccuracies in the Offer/ Individual Offer. The Company, 4Group Inc and its subsidiaries shall not be liable to you for any failure to perform any of Our obligations under the Promotion or in respect of the Prize/Award where We are unable to do so as a result of circumstances beyond Our reasonable control and whilst We may endeavour to provide an alternative Prize/award, We shall not be liable to compensate any participant where We fail to do so in such circumstances. You hereby agree to indemnify and hold harmless the Company, 4Group Inc, its subsidiaries, legal representatives, affiliates, agencies and respective officers, directors, employees from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisors fees and costs) incurred and/or suffered by us arising as a result of a breach by you of or failure to perform or comply with your obligations under these Terms, the Company’s General Terms and Conditions, any tournament rules and/or the Individual Offer Terms or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in an Offer/ Individual Offer.
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