By accessing and using this Portal, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this Portal including any services provided hereunder.
NOTICE: Allowance limit for Diageo Brands is 2 Litres per customer.
- The Online Portal
1.1. This Online Portal accessible on https://www.godelivery.mu (hereinafter referred to as the “Portal”) is owned and operated by Flemingo Distribution Ltd, a company having its principal place of business at GRM Building, No1 Motorway M1, Pailles, Mauritius, bearing Business Registration Number C09091757 (hereinafter referred to as “Flemingo Distribution Ltd”).
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:
- Registration Policy
- Products & Services Policy
- Cancellation of Order & Refund Policy
- Returns & Refund Policy
- Disclaimer Policy
The above policies shall collectively be referred to as the “Policies”.
1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Portal, as well as any persons visiting same.
1.5. Flemingo Distribution Ltd reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the Portal.
- Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.1.1. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.2. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.3. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;
2.1.4. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Flemingo Distribution Ltd on or in connection with this Portal;
2.1.5. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Flemingo Distribution Ltd in connection with this Portal, as well as, all available information regarding marketing and promotion of the Products and Services described in this Portal, as well as all and any modifications or improvements to any of them;
2.1.6. Flemingo Distribution Ltd will include the employees, officers, advisers, service providers, suppliers and content providers of Flemingo Distribution Ltd;
2.1.7. “Products & Services” products, devices, accessories, content, any other products or services which may be offered by Flemingo Distribution Ltd on the Portal;
2.1.8. “Trade Marks” means those trademarks owned by companies within Flemingo Distribution Ltd and any other trademarks, designs, logos, style names and slogans which Flemingo Distribution Ltd either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.1.9. “Portal Material” means the contents of this Portal, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal;
2.1.10. Terms like “you”, “your”, “Customer” refers to any person accessing the Portal and/or registering on the Portal.
- Capacity to Contract
You hereby warrant to Flemingo Distribution Ltd that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.
- Modification of these Terms & Conditions
4.1. These Terms & Conditions shall commence from the date on which they are published on the Portal and continue indefinitely. Flemingo Distribution Ltd reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Portal at any time, with no liability or recourse to you.
4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the Portal for any such amendments.
4.3. Flemingo Distribution Ltd will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Portal, which you will be required to accept before using the Portal.
4.4. If you choose to visit the Portal, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.
- Other Terms and Conditions
Certain Products & Services offered on the Portal may be subject to specific terms and conditions as indicated on that part of the Portal (see Product conditions & Services Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant Products & Services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.
- Login and Registration
Prior to any online purchase, you have to register your details online in order to initiate any order whether prepaid or postpaid transaction. (Please refer to the Registration Policy)
- Portal Material – Scope of Permitted Use
7.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the Portal Material online restrictively for your own personal use and only for non-commercial purposes.
7.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Portal. You must get Flemingo Distribution Ltd’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the Portal Material, whether electronically or otherwise.
7.3. You may not use this Portal or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
7.4. You may not link to any page on this Portal or frame same or any of the pages on this Portal in any way whatsoever without the prior written permission of Flemingo Distribution Ltd. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
7.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Portal.
- Your behavior when using the Portal
8.1. You may not use the Portal to obtain or distribute:
8.1.1. Material which is defamatory, unlawful or contains hate speech; or
8.1.2. Bulk e-mail, whether solicited or unsolicited.
8.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Portal or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.
8.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
8.4. You may not intercept any information transmitted to or from Flemingo Distribution Ltd or this Portal which is not intended by Flemingo Distribution Ltd to be received by you.
- Warranties and Indemnities
You hereby indemnify Flemingo Distribution Ltd and its officers, directors, employees, representatives or contractors or other persons for whom in law Flemingo Distribution Ltd may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Portal or its material or your breach of these Terms & Conditions.
- Whole Agreement
12.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and Flemingo Distribution Ltd relating to your access to and use of the Portal.
12.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Flemingo Distribution Ltd may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Flemingo Distribution Ltd of any of Flemingo Distribution Ltd’s rights and Flemingo Distribution Ltd shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
14.1. In the event that any claim, matter or dispute arises between you and Flemingo Distribution Ltd arising out of or in connection with your use of the Portal, same must be referred to the Customer Services Department by contacting our Customer support department on 59868297 or by email on firstname.lastname@example.org. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.
14.2. Notwithstanding the clause 14.1, Flemingo Distribution Ltd reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that Flemingo Distribution Ltd is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
14.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Flemingo Distribution Ltd, including but not limited to, for the collection of any outstanding debts due and payable by you to Flemingo Distribution Ltd.
- Address for delivery of notices
Flemingo Distribution Ltd chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Flemingo Distribution Ltd
GRM Building, No1 Motorway M1,
Attention: Managing Director / Chief Operating Officer
- Removal of Access
Flemingo Distribution Ltd may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the Portal at any time. Flemingo Distribution Ltd may also impose limits on certain features and services or restrict your access to any or all of Portal or Portal material without notice or liability.
- Intellectual Property Rights
All the content, Trade Marks and data (including copyrighted content) on the Portal, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Flemingo Distribution Ltd and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the Portal, including these Terms & Conditions, vested in Flemingo Distribution Ltd and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Portal including by framing or similar means is prohibited.
- Electronic Communications
You consent to receive communications from Flemingo Distribution Ltd electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Flemingo Distribution Ltd for the purposes of these Terms and Conditions.
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Flemingo Distribution Ltd from time to time.
- Registration Policy
20.1. This Registration Policy must be read together with the Terms and Conditions for Flemingo Distribution Ltd Online Portal and the Policies indicated therein.
20.2. Customers are free to browse the Portal without registration, but registration is mandatory for the customer to be able to perform the following:
– Make online Purchases
– Opening an online account
20.3. Customers will need to provide the following details to process their registration:
– Mobile Phone Number
– A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)
20.4. Online registration is free of charge for the Customer.
20.5. Flemingo Distribution Ltd shall use all reasonable endeavours to protect the Customer’s information submitted on the Portal in line with the Data Protection Act.
20.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.
20.8. The Customer agrees that:
– He will keep his username and password safe, and will not share them with anyone.
– He will not surrender his account to someone else.
– He takes full responsibility in case he allows someone else to place an online order using his account credential.
– He will not pass himself off as someone else or create multiple, false accounts.
20.9. The Customer acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Customer shall keep Flemingo Distribution Ltd harmless from any claims and/or losses arising from any incorrect information provided by the Customer during registration on the Portal.
20.10. The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform Flemingo Distribution Ltd on 59868297 or via email on email@example.com without any delay. Upon receiving this notification, Flemingo Distribution Ltd may reject any orders not yet executed and deactivate the Customer’s password and account. Flemingo Distribution Ltd will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold Flemingo Distribution Ltd harmless from any losses resulting from his non-compliance to the clause 1.9.
20.11. To deregister from the Portal account, the Customer must send an email to firstname.lastname@example.org .
21.1. The Customer is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Customer agrees to accept full responsibility for all activities that occur under his account and/or through the use of his password.
21.2. During registration on the Portal, the Customer will be asked to choose a login name and a password to access his account. His email address will be used as his login name.
21.3. If the Customer forgets or loses his password, the password can be reset online.
21.4. The Customer should change his password on a regular basis.
21.5. The Customer should notify his Bank immediately when his bank card is lost, stolen or expired.
21.6. If the Customer updates any of his information, Flemingo Distribution Ltd may keep a copy of the information that the Customer originally provided in Flemingo Distribution Ltd’s archives for reasons as documented in this Policy. The Customer can view and modify his personal information by clicking on the Portal option “My Account”.
2.1.7. Flemingo Distribution Ltd may also share the Customer’s data with its banks and other authorized persons for the purpose of processing the online payment transactions.
22.1. Flemingo Distribution Ltd undertakes to protect the information provided by the Customer in compliance with the Data Protection Law of Mauritius.
22.3. Flemingo Distribution Ltd will receive and store any information the Customer enters on the Portal or provides in any other way. Flemingo Distribution Ltd shall use the information that the Customer provides for such purposes as responding to his requests, customizing future shopping for him, improving its stores, and communicating with him.
22.4. Cookies Flemingo Distribution Ltd automatically collects certain personal information when the Customer is using the Portal and mobile applications, such as the customer’s IP address, browser type, operating system, mobile carrier, ISP, URLs of sites from which the Customer arrives or leaves the Portal and/or mobile applications and sites that have embedded Flemingo Distribution Ltd’s platform technology. Through cookies and other technologies Flemingo Distribution Ltd is able to recognize the Customer as an existing or registered user of the Portal and/or mobile application. A cookie is a tiny data file that resides on the Customer’s computer, mobile phone, or other device, and allows Flemingo Distribution Ltd to recognize the Customer when he returns to the Portal using the same computer and web browser.
22.5. Flemingo Distribution Ltd may use the Customer’s personal information as follows: – To better understand the Customer’s needs and to provide a better overall service by contacting the Customer in relation to the Products and Services provided by Flemingo Distribution Ltd. – To inform the Customer about deals and promotions that Flemingo Distribution Ltd may have, by sending promotional materials or details by e-mail or post. – To contact the Customer regarding account status, changes to the Terms and Conditions and other matters relevant to the underlying services. – To fulfill the Customer’s transaction requests, and to deliver the ordered products to the Customer. – As requested by law.
22.6. The Customer’s personal information can only be disclosed to third parties where required or as authorized by the Law.
22.7. Flemingo Distribution Ltd makes no warranty that:
- The Portal will meet the Customer’s requirements or will always be accessible;
- The Portal will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
- The results that may be obtained from the use of the Portal will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by the Customer through the Portal will meet his expectations.
23 Product & Services Policy3.1. Online purchase (for purchase products)
23.1. The Customer must be a registered Customer (kindly refer to the Registration Policy) to be able to make online purchases and payments.
23.2. Payment for Products & Services shall be made in local currency (Mauritian Rupee).
23.3. The Customer can choose from the following payment methods at the moment of placing an online order:
- a) Online payment using MCB JUICE
- b) Internet banking transfer
23.4. Value Added Tax (VAT) is included in the showcase price.
23.2. Notifications on successful / failed Transactions
23.2.1. A confirmation including a receipt of the transaction (the “Transaction Receipt”) will be sent to the Customer‘s e-mail account upon successful online payment for Products & Services purchased.
– The Customer’s bank card account number will not appear on the Transaction Receipt.
23.2.2. The Customer can view order history of his account at all times by logging into ‘My Account’ accessible on the Portal.
23.3.1 Our products are sold at the price advertised on the website at the time of your order. We reserve the right to change the prices at any time, prior to the confirmation of your order. All prices are listed in Mauritian rupees. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
- Delivery Policy
24.1. Once the Customer places an online order, Flemingo Distribution Ltd commits to deliver the order within 1 to 3 business days.
24.2. Should the product be out of stock Flemingo Distribution Ltd will immediately inform the customer by email or telephone and a full refund will be granted should Flemingo Distribution Ltd be in possession of the payment.
24.3. The Customer understands that delivery of the ordered items shall occur only at locations within the Mauritian territory limits excluding Rodrigues and other Outer Islands.
24.4. To ensure safe delivery, the Customer must properly fill the delivery address, the mobile number and any specific instructions in the fields provided online.
24.5. Flemingo Distribution Ltd Delivery Team will contact the Customer directly to notify him when the delivery of his order shall take place.
24.6 For product(s) ordered that need to be delivered by external partners or suppliers, Flemingo Distribution Ltd shall request the full payment of the order prior to the delivery being done by the external partner or supplier.
24.7. Flemingo Distribution Ltd commits to deliver the order and available items within 3 Business Days (excluding weekends and public holidays). Should Flemingo Distribution Ltd not be in a position to deliver the Customer’s orders within the given time-frame (for e.g in case of any force majeure), Flemingo Distribution Ltd Delivery Team shall contact the Customer immediately & notify him when the delivery of his order shall take place.
24.8. In the event that the Customer notices a change in his availability with respect to receiving his ordered products, he must call Flemingo Distribution Ltd on 59868297 to notify the Delivery Team as soon as he reasonably can.
24.9. The Customer needs to present his identification document (National ID or Passport) to the Flemingo Distribution Ltd Delivery Staff before accepting the delivery.
24.10. The Customer will have to sign a Delivery Note acknowledging delivery of the products and need to check and ensure that his products are delivered sealed. For any issue regarding the delivered product, the Customer will have to inform Flemingo Distribution Ltd on 59868297 or email@example.com.
24.11. Flemingo Distribution Ltd will not install any product(s) on behalf of the customer.
24.12. Once a product has been delivered to a customer Flemingo Distribution Ltd will not grant any refund. So it is the responsibility of the customer to ensure that the product is in good condition and meets his or her expectation at the moment of delivery as no refund or exchange will be allowed once delivery has been done.
24.13. Once delivery has been made, we will not be liable for any breakages, nonconformity or shortages of the products ordered.
- Cancellation of Order & Refund Policy
25.1. For the purchase of products, the Customer may cancel his order within 6 hours following the purchase by calling the Flemingo Distribution Ltd Customer Care on firstname.lastname@example.org.
25.2. For cancelled orders, the Customer will have to give the Order Confirmation Number when emailing email@example.com for processing of the cancellation. Flemingo Distribution Ltd shall endeavor to reverse the payment back to his bank card account.
25.3 Goods once sold are not exchangeable and non-refundable.
- Returns & Refunds Policy
26.1. Returns may be considered upon delivery by Flemingo Distribution Ltd and subject to the following conditions:
– The product delivered does not meet the custom8ers expectations.
– If the Customer notes that the delivery box is not sealed or is damaged at the time of delivery.
– If an out of box failure is noted for the particular product upon testing at time of delivery.
– If there is a mismatch between the product ordered and the delivered one.
– For the conditions mentioned above:
– The Customer must not accept delivery and must immediately rerun the product(s) to the Flemingo Distribution Ltd Delivery Staff.
– The Customer understands that the second delivery depends on stock availability, and where stock is available, the product will be delivered to the Customer within 3 Business Day.
26.2. After delivery, the Customer must notify Flemingo Distribution Ltd as soon as reasonably possible once he becomes aware of any defect in the operation of a product by calling on 59868297. Any request for return will be considered solely based on the warranty conditions attached to the product including the following conditions:
– The Customer must bring the defective product to Flemingo Distribution Ltd Head Office located at GRM Building, Pailles, together with the valid Warranty Certificate.
– The Customer agrees neither to, nor allow any other party to modify or tamper the product. Any evidence of tamper will be tantamount to material breach by the Customer and Flemingo Distribution Ltd shall have no obligation to accept back the product.
– The Customer must present the Sales Invoice, and/or the Transaction Receipt and identification details (National ID or Passport).
26.3. Goods once sold are not exchangeable and non-refundable.
27. Disclaimer Policy
27.1. Flemingo Distribution Ltd will not be responsible nor liable for any losses suffered by the Customer resulting from the rejection of transactions, the non-processing of bank card payment, delay in delivery of products or for any other reasons beyond Flemingo Distribution Ltd’s control including but not limited to insufficient funds in the Customer’s account, network downtime, expired bank card.
27.2. Flemingo Distribution Ltd shall not be liable for the unavailability of the Portal in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Flemingo Distribution Ltd is not responsible or any other cause, whether similar or dissimilar, outside Flemingo Distribution Ltd’s control.
27.3. No liability of any nature whatsoever shall be incurred by Flemingo Distribution Ltd on the happening of a force majeure or any such events as aforesaid.
27.4. The use of the Portal and reliance on any products or services available online is entirely at the Customer’s own risk. The Portal, including all its functionalities, is provided “as is” and Flemingo Distribution Ltd will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Portal for any reason whatsoever.
27.5. Flemingo Distribution Ltd does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Portal. The Customer acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. Flemingo Distribution Ltd reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Portal and the Products & Services listed herein.
27.6. Whilst Flemingo Distribution Ltd takes reasonable precautions in its operation of the Portal, neither Flemingo Distribution Ltd nor its representatives will assume any responsibility and neither Flemingo Distribution Ltd nor its representatives shall be liable for any damages to or for viruses that may infect the Customer’s computer equipment or other property on account of his access to, use of or browsing of the Portal or his downloading of any materials, data, text images, video or audio from this Portal. Any material downloaded or otherwise obtained through the use of the Portal is done at the Customer’s own discretion and risk and he will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material and Flemingo Distribution Ltd will be held harmless from such claims at all times.
27.7. The Customer agrees that under no circumstances whatsoever, Flemingo Distribution Ltd, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, his directors, employees, dealers or customers, resulting from his use of or inability to use the Portal or its material.
27.8. Flemingo Distribution Ltd will at its best efforts screen or edit all the content available from the Portal to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform Flemingo Distribution Ltd of any content on the Portal that may be offensive or illegal and hold Flemingo Distribution Ltd harmless from any claims arising thereof.
28. Hire-Purchase Policy (CIM FINANCE)
28.1. The hire-purchase is applicable online and is made in local currency (Mauritian rupee).
28.2. The price of the hire-purchase may vary depending on the number of payments selected. Please note that approval of the credit application is determined by CIM Finance only. In addition;
a) an annual interest rate of 12% – 15% is applicable
b) A service charge of up to 10% of the retail price may be applied.
28.3. By subscribing to a credit application, the customer authorizes : (i) Flemingo Distribution Ltd to collect on its behalf, all information relating to the customer’s KYC documents: Pay slip, identity card, proof of address, bank statement and any other required information (hereinafter referred to as the “Personal Data”) held by Flemingo Distribution Ltd; and (ii) to disclose such Personal Data to any third party for the purpose of reviewing and approving the customer’s application for hire purchase and agrees to release Flemingo Distribution Ltd and/or any of its agents or third parties from any liability in carrying out its instructions and to take no action against the above-mentioned parties. The Customer irrevocably waives all rights he has as a result.