By clicking on the "I Accept" option or by installing, copying, or using our Solutions, you agree to be bound by this End User License Agreement ("EULA"), the terms and conditions of which may be amended from time to time as set out below. The person signing or accepting these terms and conditions hereby warrants that he or she is duly authorized to accept these terms and conditions and conclude this Agreement on behalf of the person whose details are specified in the Customer Application Form. By clicking the "I Accept" option, this is a symbol of your signature and your assent to all parts of this EULA. If you do not agree to this, do not install, copy or use our Solutions. The following Summary is provided for convenience only and does not form part of the EULA in so far as it conflicts with any provisions of the Full Agreement as set out below.

SUMMARY   

Either Party can terminate this Agreement by giving the other party immediate notice. Our Solutions are licensed on certain conditions, and not sold.  Lakhify is not liable for any damages related to the use of, or reliance on our Solution/s and / or any service/s.

FULL AGREEMENT

Definitions

• "Commencement Date" means the earlier of the date when our Solution/s is/are installed, copied and/or used by you for the first time, and the date on which you accept the terms of this EULA as contemplated in clause 2;
• "Montebellos" refers to Montebellos Global Holdings (Pty) Ltd, a duly incorporated Private Company, and owner of the following: 
• The Isaac Lakhi® Mi2C Success Framework (that includes but is not limited to, our Platinum Digital Workshop/s, Platinum live-stream Coaching, Platinum live-stream Workshops, Platinum live Workshops, and/or Platinum live Retreats);
• lakhify apps;
• The Highway Collection (that includes, but not limited to, e-books, audiobooks, paperback books, hardcover books, and/or MP3s);
• Diamond Keynotes (that includes Corporate keynote addresses and Executive keynote addresses); and
• Any Solution/s that we may add in the future.
• Internet domains: IsaacLakhi.com, lakhi.biz, lakhi.co.za, lakhify.net, AfricaYouthClub.com, and any domains that we may add in future; and
• Copyrights, Patents, Registered Trademarks or Trademarks, including but not limited to, lakhi, cybercharge, lakhify, Highway to Heaven, Highway to Hell, You the Man!, and any intellectual property that we may add in the future;
• “Lakhify Global Technologies ("we", "us"), a duly incorporated Private Company, is the global Authorized Distributor of:
• The Isaac Lakhi® Mi2C Success Framework (that includes but is not limited to, our Platinum Digital Workshop/s, Platinum live-stream Coaching, Platinum live-stream Workshops, Platinum live Workshops, and/or Platinum live Retreats);
• lakhify apps;
• The Highway Collection (that includes, but not limited to, e-books, audiobooks, paperback books, hardcover books, and/or MP3s);
• Diamond Keynotes (that includes Corporate keynote addresses and Executive keynote addresses); and
• Any Solution/s that we may add in the future.
• Lakhify is authorized to use:
• Internet domains: IsaacLakhi.com, lakhi.biz, lakhi.co.za, lakhify.net, AfricaYouthClub.com, and any domains that we may add in future; and
• Copyrights, Patents, Registered Trademarks or Trademarks, including but not limited to, lakhi, cybercharge, lakhify, Highway to Heaven, Highway to Hell, You the Man!, and any intellectual property that we may add in future;

• "EULA" or "Agreement" means this End User License Agreement, the terms and conditions as set out herein, and any updates or amendments thereof in accordance with clause 3, as read with the Customer Application Form;

• “Intellectual Property” shall mean all present and future intellectual property rights in respect of our Solution/s including initial drawings, sketches, flow charts, designs and computer programs relating thereto, together with all related know-how, source codes, inventions, trade secrets, confidential information and all other rights of a similar character whether registered or capable of registration and all applications and rights to apply for protection of any of the same, and wherever the rights arise in the world;

• "Legal Costs" means any legal, professional and/or other fees, costs and/or disbursements (including the costs of any letter of demand, tracing agent’s fees and collection commissions), on the scale as between attorney and own client;

• Material" means any information, data and/or document provided to you by or on behalf of Montebellos pursuant to any of the Services;

• "On-Site Services" means services as contemplated in clause 6 which services are rendered by or on behalf of Montebellos at your premises or at any site requested by you, and which services are not Remote Assistance;

• "Parties" means Montebellos and you, and "Party" means either of them;

• "Password" means the company number issued to you by Montebellos, in respect of each User, such User's User Password, where applicable;

• "Price List" means the list of fees payable to Montebellos in respect of each of its Services and in respect of each Request, as published on the Web Site on the Commencement Date and/or accessible by means of using our Solutions, and as amended from time to time under clause 7;

• "Purpose" means the purpose of receiving the Services in accordance with this Agreement;

• "Request" means any request for Montebellos to provide any Service and/or Material under this Agreement from time to time, which request is made or purportedly made by you or on your behalf by means of using our Solution/s as contemplated in this Agreement;

• "Remote Assistance" means any services or assistance in connection with our Solution/s as contemplated in clause 6 which is provided to you telephonically or by some other electronic means by or on behalf of Montebellos;

• "Service" means the provision by Montebellos to you from time to time of any information, data and/or document as may be made available to you and as requested by you by means of your use of our Solution/s contemplated under this Agreement, and "Services" has a corresponding meaning;

• "SOLUTION" or "SOLUTIONS" means
•  The Isaac Lakhi® Mi2C Success Framework (that includes but is not limited to, our Platinum Digital Workshop/s, Platinum live-stream Coaching, Platinum live-stream Workshops, Platinum live Workshops, and/or Platinum Retreats);
• lakhify apps;
• The Highway Collection (that includes, but not limited to, e-books, audiobooks, paperback books, hardcover books,  and/or MP3s);
• Diamond Keynotes (that includes Corporate keynote addresses and Executive keynote addresses); and/or
• Any additional products that may be added/amended from time-to-time
• provided to you by Montebellos and/or to which Montebellos provides you with access under this EULA for purposes of requesting and receiving the Services contemplated in this Agreement, and any updates to or associated with our Solution/s which are provided or made available to you from time to time by or on behalf of Montebellos.

• "Customer Application Form" means the Order form which you are required to complete on or before the Commencement Date, it being agreed that you and the person submitting the Customer Application Form on your behalf hereby warrant that the contents of such form are true and correct as at the Commencement Date, and that you shall notify Montebellos in writing of any changes to such contents from time to time;

• Delivery policy. Subject to availability and receipt of payment, requests will be processed immediately. Upon confirmation of payment, you will be able to immediately download the content. In addition, you will receive an e-mail confirmation with a secure link directing you to our website to download our content;
• Payment options. Payment may be made via VISA, MasterCard, and any payment option/s that we may introduce in the future. For Diamond Keynotes, payment may be made into our  bank account, the details of which will be provided on request;

• "Third Party" means any third party from whom Montebellos obtains all or part of any Material, the identity of which third party Montebellos shall use its reasonable endeavours to disclose on or before the provision to you of such Material, if it so wishes, and "Third Parties" has a corresponding meaning;

• "User" and "your User" means any person who is employed by you, who is your agent and/or who acts or purports to act on your behalf and/or in accordance with your instruction by using Solution/s and/or for any other purpose as contemplated under this Agreement;

• "User Password" means where applicable, in respect any User, the user number issued to you and/or such User by Montebellos and the word, device and/or sign first issued to you and/or such User by Montebellos (as amended from time to time by you and/or such User subject to confirmation by Montebellos, and/or by Montebellos on request by you and/or such User) that will entitle such User on your behalf to use Solution/s in accordance with this EULA;

• "Web Site" means http://www.IsaacLakhi.com, or such other website specified by Montebellos from time to time;

• "Montebellos staff" means any employee of Montebellos, and any person acting on behalf of Montebellos from time to time; and

• "you" means the person whose details are specified in the Customer Application Form, on whose behalf the person signing or accepting these terms and conditions concludes this Agreement, and "your" has a corresponding meaning.

• Use of our Solution/s constitutes acceptance of this Agreement

• By clicking on the "I Accept" option or by first installing, copying, or using our Solution/s, you agree to be bound by this End User License Agreement (EULA), the terms and conditions of which may be amended from time to time as set out below. By clicking the "I Accept" option, this is a symbol of your signature and your assent to all parts of this EULA. If you do not agree to this do not install, copy or use our Solution/s;

• The person signing or accepting these terms and conditions hereby warrants that he or she is duly authorized to accept these terms and conditions and conclude this Agreement on behalf of the person whose details are specified in the Customer Application Form;

• Some parts of our Solution/sand some of the Material, as advised to you and/or any of your Users from time to time, are controlled by and/or obtained by and/or other Third Parties, and your rights to use such parts of our Solution/s and/or receive such Material are subject to further requirements which must be met and/or such further terms and conditions which must be agreed to by you before that part of our Solution/s can be used and/or any Material obtained from such person will be provided under this Agreement, it being agreed that any such requirements and terms and conditions will, save where Montebellos agrees otherwise in writing, apply in addition to those set out in this EULA. You specifically agree that, in order to use the part of our Solution/s you will be required to agree to further terms and conditions as contemplated in this clause 2.3 from time to time.

AMENDMENT

Montebellos reserves the right to amend these terms and conditions and/or the Price List from time to time by posting notification on the Web Site and/or the Our Solution/s that the terms and conditions and/or the Price List have changed and/or by posting on the Web Site and/or the Our Solution/s the amended terms and conditions and/or Price List, or a hyperlink to such amended terms and conditions and/or Price List. You are advised to check, and will be responsible for checking, the prevailing terms and conditions and Price List as posted on the Web Site and/or the Our Solution/s from time to time before each use of Our Solution/s, and your continued use of the Our Solution/s after any such amendment has been so posted, constitutes your deemed acceptance of this Agreement and the Price List as modified by the posted changes. Montebellos shall, where it is practicable to do so, use its reasonable endeavors to notify you in advance of any amendment to the Price List as contemplated in this clause 3.

• Provided that you pay Invoices timeously as contemplated in this Agreement and provided that Montebellos has approved you as an end user of the Our Solution/s and has issued to you a Password (where applicable) and has not, under this Agreement, suspended your right to use the Our Solution/s and/or your access to any of the Services, Montebellos hereby grants to you the following rights for the term of this Agreement, which you hereby accept subject to the terms and conditions set out in this Agreement (including but not limited to clause 2.3 and any requirements and terms and conditions contemplated in clause 2.3):
• A non-transferable and non-exclusive license to use the Our Solution/s for the Purpose; and
• You agree that your right to use and to continue to use the Our Solution/s under this Agreement is subject to Montebellos receiving full and timeous payment of all amounts due to Montebellos under this Agreement.

Acceptable Use

• In respect of your use of the Our Solution/s and your Request for and receipt of any Material, you agree to conform to generally acceptable Internet etiquette and to abide by Montebellos' operating policies as may be published on the Web Site from time to time, and as may be amended from time to time at Montebellos sole discretion, and you hereby indemnify and hold Montebellos free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy;

• You shall not:
• copy (other than in terms of this Agreement), adapt, translate or reproduce any of the Our Solution/s, in whole or in part;
• permit, whether directly or indirectly, any third party including any subsidiary, associate, director, shareholder, agent, User, representative and/or employee, to do anything which you are prohibited from doing as contemplated in this clause 5;
• Make or attempt to make any amendment or modification to the Our Solution/s;
• Rent, lease, sell, sub-license, assign or otherwise transfer or make available any of the Our Solution/s, in whole or in part, to any person or purport to do any of the aforegoing;
• Remove any proprietary notices or labels on the Our Solution/s, nor permit any person to do the aforegoing;
• Modify any part of the Our Solution/s, or decompile, reverse compile, dissemble, reverse assemble or reverse engineer the Our Solution/s, whether in whole or in part, or otherwise attempt to derive the source code of the Our Solution/s or reduce the Our Solution/s to a human readable form or print the source code or derive or attempt to derive the source code of the Our Solution/s.

• You shall, at your own cost, where applicable:
• Ensure that you comply with the provisions of this Agreement;
• Make payment of all amounts outstanding to Montebellos prior to making any claim against Montebellos in terms of this Agreement, without any deduction and/or set-off of any kind whatsoever;
• Maintain accurate and up to date records of the number and siting of all copies of the Our Solution/s and shall provide reasonable access to such records to Montebellos upon Montebellos request;
• Maintain control of all equipment on which the Our Solution/s is installed, and, if you transfer ownership and/or possession of any such equipment to any person, you shall ensure that all Our Solution/s is permanently deleted from such equipment, and shall provide Montebellos with written notice certifying that you have done so; and
• You may not resell any Material, nor may you use any Material for monetary gain, unless permitted to do so in writing by Montebellos.

Return or Refund policy

Our refund policy is as follows:

• The Highway Collection: up to 30 days after purchase date, on receiving a written declaration that the product has not been reproduced, you will receive a full refund within 7 (seven) business days;
• Lakhify Gold & lakhify Unlimited: up to 14 days after purchase date, on receiving a written declaration that the product has not been reproduced, you will receive a full refund within 7 (seven) business days;
• Platinum Workshops/Platinum Coaching: If after attending your first session, that is broadcasted electronically, such as through a Webinar, hand in all material and upon receiving a written declaration that the content has not been reproduced, you will receive a full refund within 7 (seven) business days. If broadcasted over a live event, hand in all material after day one, and on receiving a written declaration that the content has not been reproduced, you will receive a full refund within 7 (seven) business days. If cancellation is received after the second or subsequent session/s or day 2 onwards, there will be no refund;
• Diamond Keynotes, Platinum Retreat, LakhCap Solutions (except lakhify), and Sponsorship/s to Africa Youth Club: no refunds.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

CARD ACQUIRING

• Card acquiring and security Card transactions will be acquired by a Shopify approved payment that uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). Card details are not stored on our website.
• By using our website, you agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your local currency.

Terms and Conditions for PUT IT ON LAY-BUY

Layby Terms, agreements and contract

Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.

The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:

1. Record of Payment
   A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
2. Storage and Identification of Lay-Buy Products
   Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
3. Cancellation of Lay-Buy by Buyer
   The buyer may cancel their Lay-Buy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.
4. Cancellation of Lay-Buy by Seller
   The seller under a Lay-Buy must not cancel it unless –
   a) The buyer breaches a term of the Lay-Buy; or
   b) The seller stops trading; or
   c) The products are no longer available
5. Cancellation on breach by Buyer
   If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
   a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
   b) Allow the buyer at least 14 days within which to rectify the breach; and
   c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
   II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
   III) must state the time within which the buyer must rectify the breach;
   IV) must state the matters listed per below:* the purchase price of the products;
   * all cancellation charges payable under the agreement; and
   * the total amount paid under the Lay-Buy;
   * any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy. The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
6. Cancellation where business closes
   If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
   (a) allow the buyer 7 days within which to complete the agreement; and
   (b) cancel the Lay-Buy
7. Cancellation where products not available
   If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
8. Effect of Cancellation
   Subject to the above, when a Lay-Buy is cancelled by buyer, Seller must refund all money paid within 14 days less a 10% down-payment.
9. Cancellation Charge
   Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
10. Banking Charges back Fees
    The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
11. Service Fee
    Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as https://www.lay-buys.com charges a once-off admin fee, with the amount displayed to customers at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
12. Lay-Buy Reporting
    Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
13. Delivery
    The seller will only fulfil order and deliver the product/s after receiving the final instalment payment for all Lay-Buy orders.
14. MISCELLANEOUS
    14.1   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
    14.2   This Agreement may be amended only by a written instrument duly executed by all parties hereto.
    14.3   The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
    14.4   This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
    14.5   Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Customer details separate from card details

Customer details will be stored by us separately. Card details are not stored by us. They are stored by our Shopify-approved payment gateway acquirer.

Merchant Outlet country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa but may be changed from time-to-time and without notice to you. We may use South African Rand as a base currency but may be changed from time-to-time and without notice to you.

CANCELLATIONS

After the date of submission of the Customer Application Form and acceptance of this Agreement by you or on your behalf, we shall as soon as reasonably possible, but no later than 7 (seven) days, thereafter, provide you with access to the Services, subject to the terms of this EULA. Accordingly, due to the immediate nature of the Services, there shall be no cooling-off period or refund applicable as described in Section 44 of the Electronic Communications and Transactions Act no 25 of 2002.

Reservation of rights not Expressly Granted

• The Our Solution/s is licensed in terms of this Agreement, and is not sold;
• You may not, without Montebellos prior written consent, use Montebellos Intellectual Property, nor any Third Party's intellectual property, save as may be expressly provided in this Agreement;
• Montebellos reserves all rights, including but not limited to Intellectual Property rights, not expressly granted herein.

Use of your Data/Privacy

• Montebellos may use the information provided by you or on your behalf in the Customer Application Form and any data belonging to you but only in accordance with the terms of Montebellos prevailing Privacy Policy ("PP") and GDPR as published on the Web Site from time to time;
• You agree and acknowledge that the said PP and GDPR published on the Web Site are updated regularly in order to allow for changes due to legislation and the increasing functionality of the Our Solution/s;
• Each time you use the Our Solution/s, you agree to be bound by the then existing said PP and GDPR as published on the Web Site.

Commencement and Termination of Agreement

This Agreement will commence on the Commencement Date and shall remain in force subject to termination in accordance with this Agreement and provided that either Party may cancel this Agreement immediately by means of written notice to the other Party. 

Breach and Termination

Should you fail to observe and perform any of the terms, conditions, or obligations in this Agreement, then Montebellos shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:

• Immediately terminate this Agreement and recover all its costs related to such termination, including Legal Costs; and/or
• To terminate, without notice, your access to the Our Solution/s and recover all its costs related to such termination, including Legal Costs.
• The expiry or termination of this Agreement shall be without prejudice to any rights that Montebellos may have accrued as at the date of such expiry or termination;
• Upon termination of this Agreement:
• All rights granted to you under this Agreement will cease; and
• You shall immediately cease all use of the Our Solution/s and all use of Montebellos trademarks, logos and any intellectual property rights.

Intellectual Property

• You acknowledge and agree that:
• Save for the limited rights to use the Our Solution/s as set out in this Agreement, you have no rights in respect of the Our Solution/s, the source code and/or any related materials and any modifications or changes thereto, including without limitation to any and all Intellectual Property used or embodied in or in connection with the Our Solution/s, and no Intellectual Property therein is granted or assigned under this Agreement;

• You have no rights in respect of Montebellos trademarks and you shall not in any manner whatsoever represent that you are the owner or have any interest in Montebellos trademarks and shall not take any action to impute any right, title or interest of Montebellos in and to you;

• You shall not at any time, during or after termination of this Agreement, in any way question and/or dispute the ownership of the Our Solution/s and the Intellectual Property embodied therein and shall not assist or counsel any other person to do so. You undertake not to infringe or prejudice any rights in and to the Our Solution/s, nor compete with nor infringe Montebellos Intellectual Property rights in any way. You shall, specifically, not in any manner whatsoever represent that you are the owner of or have any interest in the Our Solution/s and shall not take any action to impute any right, title or interest in and to the Our Solution/s; and 

• You have no right and/or no title to the Intellectual Property used in our Solution/s, inclusive of any and all improvements, enhancements, new facilities and any amendments or modifications thereof.

• You hereby agree to indemnify and hold Montebellos harmless against any loss, liability, damage, cost, or expense (including Legal Costs) arising out of any use by you or any of your Users of any of Montebellos Intellectual Property and/or the Our Solution/s in any manner whatsoever except in the manner expressly allowed under this Agreement;

• If during the term of this Agreement any infringement or illegal use of the Intellectual Property by any third party should come to your attention, then and in such event, you shall notify Montebellos forthwith in writing of such infringement or illegal use. It shall be within the sole discretion of Montebellos to determine what steps shall be taken against an infringer and you shall co-operate fully with Montebellos in whatever measures, including legal action, are taken to bring any infringement or illegal use to an end.

• Warranties
• To the maximum extent permitted, all warranties, conditions and terms that are not expressly set out in this Agreement are excluded whether express or implied;
• You agree and acknowledge that all Material is obtained from a Third Party and that Montebellos has no liability or responsibility for any such Material. All such Material is intended and provided for general informational purposes only and should not be relied upon by you or any person as specific advice of any kind, whether professional, technical or other. Furthermore, such Material may contain errors or inaccuracy, may be incomplete and/or out of date, and you hereby agree to make your own independent investigations as to the accuracy of such Material, and shall bear full responsibility for checking and verifying any such Material with the Third Party from which Montebellos obtained such Material;
• You warrant that you shall at all times comply with all applicable legal or regulatory requirements and constraints in regard to your access to and/or use of the Services and/or Material, failing which you may not use the Our Solution/s or access the Web Site or make any Request or receive any of the Services and/or Material.

Disclaimer and Exclusion and Limitation of Liability

• While every effort is made to eliminate any errors, you acknowledge that The Our Solution/s is error-free and so this Our Solution/s is provided "as is". Furthermore, Montebellos makes no warranties, either expressed or implied, in respect of the Our Solution/s. Montebellos expressly disclaims any warranty as to the performance of the Our Solution/s or as to any Material. Montebellos also expressly disclaims all other warranties, including (without limitation) implied warranties of merchantability and fitness for a particular purpose;

• Montebellos shall not be liable to you or any other person or entity whatsoever in respect of (and you or any such person or entity shall have no claim against Montebellos and/or any person acting on behalf of Montebellos and you hereby indemnify and hold Montebellos and any such person acting on behalf of Montebellos free from liability in respect of) any loss or damage (even if Montebellos had been advised of or should otherwise be aware of the possibility of such loss or damage), save for any loss or damage directly and solely caused by the gross negligence of any employee of Montebellos acting in the course and scope of such employment caused by any of the following:
• Any use of the Our Solution/s, irrespective of the manner in which it was caused;
• Any disclosure or use by you or any other person of any Material;
• Any reliance by you or any other person on any Material;
• Use of any hardware, infrastructure, equipment and/or any Our Solution/s other than the Our Solution/s;
• Any failure by you or any of your Users, if applicable, to comply with the provisions of this Agreement;
• Any operation of the Our Solution/s by any person not properly trained in accordance with the directions of Montebellos from time to time;
• Improper use, misuse, neglect or abuse of the Our Solution/s;

• The loss of privacy and a failure to meet a duty which is as a result of, where applicable:
• Any downtime, outage, interruption in or unavailability of the Internet and/or the Web Site, attributable to any cause whatsoever, including but not limited to, repairs and maintenance, any breakdown of whatever nature and howsoever arising in any of the services provided by any communications service provider (including, but not limited to, line failure) as well as by any external communications networks and/or by the networks of any Internet service provider;
• Any loss which is caused by any cause external to the Our Solution/s, including but not limited to any failure in any hardware on which the Our Solution/s is operational, any force majeure and/or any circumstance which is beyond the control of Montebellos;
• Of whatever nature and howsoever arising from or in connection with any service and/or any Material; 
• Arising from the loss of data and/or incompatibility with or damage to any equipment owned and/or utilized by you;
• Incurred as a result of or in any way related to the acts or omissions of any Montebellos staff in relation to, without limitation, commissioning, implementing, installing, training, assistance or any service provided in relation to The Our Solution/s, including but not limited to the services contemplated in clause 6.3 and including Remote Assistance and On-Site Services;
• Arising from any failure by any person to reactivate or enable any firewall or security mechanism after the provision of any services under this Agreement, including but not limited to any On-Site Services and/or any Remote Assistance;
• Arising from any breach of any security system which may be implemented by Montebellos, any Third Party or any other person whatsoever;
• Which loss or damage is loss of income, loss of goodwill or profits, business interruption, procurement of substitute computer equipment, loss or corruption of data or business information or other pecuniary loss arising out of delay of delivery, reliance in the use or inability to use the Our Solution/s, and/or
• Which loss or damage is consequential or incidental loss or damage or any loss or damage other than direct damages, it being agreed that in no event shall Montebellos be liable to you or any other person for any consequential, incidental, indirect, special, or other damages whatsoever, regardless of whether such loss, damage or liability is based on breach of this Agreement, delict  (including from gross negligence), or otherwise.

• Without in any way limiting the provisions of clause 16.2 above, the aggregate maximum liability of Montebellos under or arising from this Agreement to you and to any person whatsoever from any causes of action whatsoever (regardless of whether such liability arises from breach or termination of this Agreement or delict, including from gross negligence or otherwise, and including any claim or liability for damages) which causes of action arise during:
• the period of 12 (twelve) months commencing on the Commencement Date, shall be limited to an aggregate amount equal to the aggregate of invoices paid under this Agreement during such period; and
• In any subsequent successive period of 12 (twelve) months commencing on any anniversary of the Commencement Date, shall be limited to an aggregate amount equal to the aggregate of Invoices paid under this Agreement during the previous period of 12 months.

• This clause 16 shall survive termination of this Agreement.

Cession

• You shall not be entitled to cede or otherwise transfer any of your rights, nor delegate or otherwise transfer any of your obligations, under this Agreement, without Montebellos prior written consent;
• Montebellos shall however be entitled to cede, assign and/or transfer and/or delegate to any third party at its absolute discretion all or any of its rights or obligations under this Agreement without notice to you, and without your consent, provided that any third party acquiring any such rights pursuant to a cession or assignment shall agree with Montebellos to be bound by the terms of this Agreement.

Legal Costs

If, as a result of any breach by you of any of the terms of this Agreement, Montebellos incurs any legal, professional and/or other fees, costs and/or disbursements (including the costs of any letter of demand, Tracing Agents fees and collection commissions), you shall be liable for and shall pay on demand, all fees, costs and disbursements so incurred, on the scale as between attorney and own client.

Company information

This website is run by Lakhify Global Technologies.

• Entire agreement, and No Representations
• This Agreement comprises of the entire agreement between the Parties in relation to its subject matter, and it supersedes any written or oral representations, be they express or implied, and any prior agreements between you and Montebellos concerning the Our Solution/s;
• No Party shall be bound by any express or implied term, representation, warranty, promise or the like not expressly recorded in this Agreement.

Ineligibility

Organizations and Citizens from countries defined as sponsors of terrorism, have United Nations sanctions imposed on them, are "black-listed" by the Financial Action Task Force, and/or countries with a gross violation of human rights:  Central African Republic, Cuba, Democratic Republic of Congo, Eritrea, Guinea-Bissau, Iran, Israel, Kenya, Libya, Guatemala, Lebanon, Mali, Myanmar, Nigeria,  North Korea, Pakistan, South Sudan, Somalia, Syria, Sri Lanka, Sudan, Ukraine, Russia, and Zimbabwe.

Malaysian Law

This Agreement shall be governed by and interpreted according to the laws of the Federal Republic of Malaysia and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of Malaysia, the law as applied and interpreted in the Territory of Selangor will prevail.

Statutory Disclosure (only applicable to Financial Services products)

Where applicable, you confirm that you have read our Statutory Disclosure and accept it.

Servicing Agreement

Where applicable, you confirm that you have read our Servicing Agreement and accept it.

Failure to Enforce Rights

Failure by Montebellos to enforce a right as provided in this Agreement will not constitute a waiver in respect of that right.

itizens from countries defined as sponsors of terrorism, have United Nations sanctions imposed on them, are "black-listed" by the Financial Action Task Force, and/or countries with a gross violation of human rights:  Central African Republic, Cuba, Democratic Republic of Congo, Eritrea, Guinea-Bissau, Iran, Israel, Kenya, Libya, Guatemala, Lebanon, Mali, Myanmar, Nigeria,  North Korea, Pakistan, South Sudan, Somalia, Syria, Sri Lanka, Sudan, Ukraine and Zimbabwe;

Contact Information (domicilium citandi et executandi)

Each of the Parties chooses domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement as follows: 

• YOU: your address as specified in the Customer Application Form;
• Us - Company name: Lakhify Global Technologies

• Registered Office: Suite 2 - Level 27, Bistari Towers South, Jalan 1/64D, KLCC, Kuala Lumpur, 50350, Selangor, Malaysia

• Tel: +60 1 7678 6814 | E-mail: hello@lakhify.net

Last updated on December 31, 2022