Order Form

Exclusion from Liability
The cashless system may be affected by factors outside our control such as system downtime or failure. You understand and agree that Blynk cannot and will not be liable for any direct, indirect or incidental, special, consequential or exemplary damages, including but not limited to damage for loss or profits, goodwill, use, data or other intangible losses resulting from:

1. Failure, malfunction, interruption, errors or unavailability of the cashless system, your equipment, the Network, and the Cashless Card Service;
2. Viruses that may, despite the precautions taken, occur on the system or the RFID chip;
3. ⁠Any error or malfunction of any device provided by BLYNK, including lack of charge of the device or any other cause of the malfunction.
4. Any error and or negligence committed by employees of Blynk;
5. ⁠Fraudulent falsification of data by third parties’ due to unauthorized intrusion into the system, website or Your Account by third parties;
6. Your inability to use the service;
7. Unauthorized access to or alteration of your transmission of data;
8. Your failure to give proper or complete instructions relating to your bank account details and/ or your online account;
9. Any fraudulent or illegal use of the Card or Wristband, the System and/or your online account; or
10. Any failure/outage of the service that relies on third-party service provider such as, but not limited to, internet connection, credit card processing and hosting services;
11. Your failure to comply with the clauses of this agreement;
12. Other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the cashless system, unavailability of internet, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes.

If for any reason other than a reason mentioned in above, the Services are interfered with or unavailable, BLYNK sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

Indemnity By agreeing to be bound by this agreement, the event organiser agrees to indemnify BLYNK in respect to:

1. All demands, claims, actions, losses and damages of whatever nature which may be brought against BLYNK arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, terrorism, any other event beyond BLYNK control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data received from You;
2. ⁠Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
3. ⁠Any unauthorized access to your account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your device which can be used to access your account.
4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Event Organizer as a consequence of any breach by these Terms and Conditions.
5. Any damages and costs payable to the Event Organizer in respect of any claims against the Event Organizer for recompense for loss where the particular circumstance is within your control.

Confidentiality The Parties acknowledge that in the course of dealings between them, they may acquire information about the other, its business activities and operations, software design & functionality, logistics and client sales, all of which are highly confidential and proprietary to that Party (the "Confidential Information"). Each Party shall hold all such Confidential Information in strict confidence and shall not reveal, share or use the same except pursuant to a court order. This confidentiality obligation shall survive after the termination of this Agreement.

Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with Maltese law and the parties hereby submit to the jurisdiction of the Maltese courts.