Eversend provides the Services to you in accordance with these terms. For the avoidance of doubt, Eversend shall have no liability to you in respect of the performance or non-performance of any obligations of Eversend under these Terms and shall have no liability to you in respect of the Services or the performance or non-performance of any obligations of Eversend SAS under these Terms.
Neither your nor Eversend’s liability: (a) for death or personal injury caused by its negligence; (b) for fraudulent misrepresentation or for any other fraudulent act or omission; (c) for breach of any statutorily-implied term as to title to goods supplied; (e) for any other liability which may not lawfully be excluded or limited including under the UK Payment Services Regulations 2017, is excluded or limited by these Terms, even if any other term of these Terms would otherwise suggest that this might be the case.
No Eversend Entity will be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any: (a) loss of profit; (b) loss of sales, turnover, revenue or business; (c) loss of customers or contracts; (d) loss of or damage to reputation or goodwill; (e) loss of opportunity; (f) loss of anticipated savings; (g) loss of any software or data; (h) loss of use of hardware, software or data; (i) loss or waste of management or other staff time; or (j) indirect, consequential or special loss, arising out of or relating to these Terms, whether or not such loss was foreseeable or if the Party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this Clause, the term ‘loss’ includes a partial loss or reduction in value as well as a complete or total loss).
No Eversend Entity will be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of: (a) the use of any Service except for its normal intended purpose; (b) any adaptation or modification of any Service or integration or combination with any other product or material not supplied by any Eversend Company, in each case carried out by anyone other than any Eversend Company or without its express written consent; (c) the compliance by any Eversend Company with any design, specification or instructions provided by you on your behalf; and/or (d) any Merchant Content or Third Party Services.
No Eversend entity shall be liable where money is sent to any account and withdrawn. We provide our platform for remittances and payment processing and as such, we have added features that only people in your contacts appear as beneficiaries upon adding them. To be able to send money to anyone on our platform, we require you to add them as a beneficiary/recipient. This in turn restricts having strangers in your beneficiaries/recipients list where people you send money to are chosen and minimise any chances of money being sent to strangers. In addition, we prompt you to provide your pin or password before sending money to a recipient/beneficiary so as to confirm that it is the intended recipient, should you go ahead and send money to any person upon this prompt, Eversend shall not be liable in anyway whatsoever and nor shall it be obligated to reverse such a transaction.
Subject to the first, second and third paragraphs of this Clause, any Eversend Entity’s total liability arising out of or relating to these General Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) will be limited, in respect of each event or series of connected events, to the greater of: (a) the total of all amounts payable by you under these General Terms in the three-month period immediately preceding the event giving rise to such liability (or, in the case of a series of connected events, the first such event); and (b) USD 500.