Data Transfer Agreement

  1. GO p.l.c. (hereinafter ‘GO’) processes personal Data in line with the applicable data protection legislation in force in Malta. Personal data shall not be transferred and/or disclosed to any third party unless requested by You or permissible according to law.
  2. You hereby acknowledge that when effecting the Data Transfer, GO may come in contact and be privy to view anything stored or contained in the device, including any personal data, therein contained. GO warrants and declares that it does not store or retain any such software applications and/or data contained in the device in any manner.
  3. You acknowledge that during the Data Transfer any software applications and/or data, including personal data, contained in the device may be damaged, corrupted, or lost.  You hereby acknowledge and agree that at all times it shall be Your exclusive responsibility to ensure proper backup to any data and/or software applications that may be found and/or installed on the device.
  4. You hereby exonerate GO from any liability or obligation in connection with any such software applications and/or data or the use of the device, software applications and/or data therein contained.
  5. You are strongly advised to delete any personal and/or sensitive data from the device prior to delivery for the Data Transfer.
  6. You hereby acknowledge to have read the above and authorise GO to carry out the Data Transfer on Your device and to process the data as necessary to complete the Data Transfer requested.
  7. You also understand that data may be lost or corrupted in whole or in part during the course of the works and hereby warrant not to hold GO in any way liable for such loss or corruption of data or any indirect or direct loss or damage through such loss of data and shall indemnify and hold GO harmless against any claim by any third party in connection with said Data Transfer.
  8. Without prejudice to the above You hereby acknowledge and agree that You hereby exempting and holding GO forever harmless from any liability with respect to any loss of, or corruption to any data, including any software applications, during the Data Transfer, and to any damage whatsoever to the device whilst in GO’s possession.
  9. You hereby warrant that any data subject matter of this Data Transfer Agreement is Your data and that no third party rights are hereby being effected, and hereby warrant and bind Yourself to fully defend, indemnify and hold GO harmless in the event of any claim arising from any such instance or allegation.
  10. For the avoidance of doubt, in the event of any liability situation arising, GO’s liability shall be capped to a maximum amount equivalent to the amount paid by You for the Data Transfer.
  11. This Agreement shall be governed, construed and interpreted in accordance with the Laws of the Republic of Malta, without giving effect to principles of conflict of laws, and the Parties submit to the exclusive jurisdiction of the courts in Malta.
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