6.1 Services Provided “As Is”: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Platform will be available at all times or free from errors; that transaction processing times will meet any specific deadline; that exchange rates will remain constant between quotation and processing; or that any transfer will be completed if blocked or delayed due to regulatory or third-party reasons.
6.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOURIAR’S TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO KOURIAR IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
IN NO EVENT SHALL KOURIAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
6.3 Statutory Rights Preserved: Nothing in clause 6 limits or excludes any liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any rights you have under applicable consumer protection legislation, including rights under relevant provincial legislation, that cannot be waived by contract.
6.4 Force Majeure: We shall not be liable for any delay or failure in Services resulting from causes beyond our reasonable control, including acts of God, pandemics, government action, sanctions, war, civil unrest, system outages, internet failures, or acts or omissions of third-party financial institutions or correspondent banks.