7. Warranties and disclaimers7.a
You represent and warrant that, at all times:
i. you are an Eligible Charity. You will promptly notify PayPal Giving Fund if you cease to be an Eligible Charity;
ii. you are an Enrolled Charity. You will promptly notify PayPal Giving Fund if you cease to be an Enrolled Charity, or is aware of any event which may prevent you from maintaining your status as an Enrolled Charity.
iii. you will utilise donations received from PayPal Giving Fund in a manner that is consistent with such status;
iv. you will use our Services in compliance with all applicable laws, rules and regulations, including any requirements governing charitable status and solicitation of charitable donations;
v. all information provided by you is true, current and accurate;
vi. you are authorised and have the right to provide us with all information provided by you, and the right to authorise us to use this information as contemplated herein, and the right to enter into this Agreement on behalf of your organisation;
vii. you have the right to grant the licences to PayPal Giving Fund hereunder; and our use, as contemplated by this Agreement, of materials or rights licenced hereunder, will not infringe the intellectual property rights or similar rights of any third party;
viii. you will not disparage PayPal Giving Fund, PayPal, any other Eligible Charity or any partner or sponsor of PayPal Giving Fund identified within the PayPal Giving Fund website; and
You agree to indemnify, hold harmless, and, at our option, defend PayPal Giving Fund and its officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including legal fees and court costs) and liabilities arising from your breach or alleged breach of any obligation, covenant, representation or warranty under this Agreement. If PayPal Giving Fund requires you to provide defence of any matter for which indemnity is or may be due hereunder, PayPal Giving Fund may participate in such defence by counsel of its choice at its own expense. You will not settle any claim for which indemnity is due hereunder unless such settlement completely and forever releases PayPal Giving Fund and the other indemnified parties with respect to such claim, or unless PayPal Giving Fund provides its prior written consent.7.c
You acknowledge that the PayPal Giving Fund website and Services are provided on an "as is" basis, and we disclaim all representations and warranties under this Agreement (whether express or implied) including any warranties regarding fitness for a particular purpose, data accuracy, efficiency or availability of the PayPal Giving Fund website or Services. You further acknowledge that we make no representations or warranties regarding any legal requirements to which your organisation may be subject, nor the applicability of any tax laws or your ability to collect or obtain tax deductions.7.d
Limitation of liability. Subject to clause 7.e below,
i. we will not be liable to you for any Consequential Loss or for loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may otherwise be implied into this Agreement, including any such loss arising out of or in connection with our website, our Services or this Agreement; and
ii. in no event will PayPal's liability for a claim arising out of this Agreement or our Services (when aggregated with PayPal's liability for all other claims arising out of this Agreement and our Service) exceed the net amount paid by us to you during the six (6) months immediately preceding the date on which the claim arises.7.e
To the extent permitted by law, our liability to you in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option:
i. in the case of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things.
ii. in the case of services, to resupplying the services or payment of the cost of their re- supply.