(b) APIBIZ shall under no circumstance be liable for and the Member hereby unconditionally and irrevocably releases APIBIZ from all liabilities directly or indirectly arising in consequence of or in any way related to :
(i) any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services (in whole or in part), in transmitting Instructions or information relating to the Services or in connecting with GonPay caused by any acts, omissions or circumstances beyond the reasonable control of APIBIZ including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law);
(ii) transmission and/or storage of any information and/or data relating to the Member, the Services and/or transactions conducted by the Member;

(iii) the Member or any other person obtaining access via the Services to information relating to the Member;
(iv) the Member's bank account does not contain sufficient funds to complete the payment or the payment would exceed the credit limit of the Member's bank or credit card account;
(v) the relevant payment processing institution or service is not working properly (whether the Member knew or were advised about the problem before such Member giving such Instruction);
(vi) APIBIZ is unable to confirm the Member's identity or the Member's authority;
(vii) the Member has not provided APIBIZ with the correct name or other necessary information of the receiving Member; and/or
(viii) circumstances beyond APIBIZ's control (such as, but not limited to, fire, flood, or other natural disaster; telecommunications failure; governmental action or omission; laws or regulations; terrorism; labor strikes or other interference from an outside force; computer hardware or software failures; an inability to procure supplies or materials; or access to the networks in which APIBIZ operates the Services) prevent the proper execution of the Instruction and/or the provision of the Services.

(c) APIBIZ shall under no circumstances be liable to the act or conduct of the bank and/or credit card issuer of the paying Member and/or the receiving Member, and the failure, omission, negligence, misconduct of the bank and/or credit card issuer of the paying Member and/or the receiving Member. APIBIZ shall under no circumstances be liable to or responsible for any loss and damages of the Member caused, directly or indirectly by any act, conduct, goods or services which may be done, supplied or rendered to the Member by such third party.

(d) GonPay is provided on an "as is" and "as available" basis. APIBIZ makes no representations, warranties or undertakings (including but not limited to any warranties of fitness for any particular purpose or merchantability), express or implied, regarding GonPay, its content, the Services, the goods or services advertised or provided by third party via GonPay, other linked Web sites or otherwise, or the subject matter of these Terms and Conditions. All warranties, including but not limited to implied warranties of merchantability and fitness for any particular purpose, are expressly excluded or disclaimed to the greatest extent permitted by law.

(e) APIBIZ shall not be liable to any Member for any consequential, indirect, special, exemplary, punitive, incidental or similar loss or damages, whether or not they are foreseeable, including but not limited to claims for loss of goodwill, profits, data, use of money or products, storage of work or impairment of assets, whether arising out of breach of express or implied warranty, breach of contract, negligence, misrepresentation, breach of strict liability or otherwise.

(f) APIBIZ makes no representations, warranties or undertakings (including but not limited to any warranties of fitness for any particular purpose or merchantability), express or implied, regarding the reason, intention, consequence, result or underlying transaction or dealing of or for which the paying Member pays the Payment Money to the receiving Member. APIBIZ shall under no circumstances have any relation or be liable to the reason, intention, consequence, result or underlying transaction or dealing of or for which the paying Member pays the Payment Money to the receiving Member.