The agreement excludes Global-e's liability for non-performance due to force majeure, unforeseeable third-party acts, or purchaser fault, and declines all liability for loss of profits, income, value, data, and indirect damages. The agreement also states that neither Global-e nor Ledger is responsible for unauthorized payment card use on the checkout or for notifying the card issuer or law enforcement in such instances.
This analysis describes what Ledger's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes broad liability exclusions for indirect and consequential damages, which in the context of a hardware wallet product used to secure crypto assets may be financially significant. The exclusion of liability for unauthorized payment card use and the disclaimer of any notification obligation to card issuers or law enforcement may interact with applicable consumer protection and payment services regulations.
Interpretive note: The enforceability of the indirect damages exclusion and the unauthorized payment card use disclaimer depends on applicable consumer protection law in the purchaser's jurisdiction, which may be more protective than the terms assert.
Under this clause, the agreement excludes Global-e's liability for indirect damages, loss of profits, loss of value or data, and unauthorized payment card use on the checkout. The document states that these exclusions apply 'to the extent permitted by law,' and separately specifies that death, personal injury, fraud, fraudulent misrepresentation, gross negligence, and wilful misconduct are not excluded.
Cross-platform context
See how other platforms handle Liability Limitation and Exclusion of Indirect Damages and similar clauses.
Compare across platforms →"Apart from the rights and responsibilities described in this section, and to the extent permitted by law, Global-e: IS NOT LIABLE FOR NON-PERFORMANCE ATTRIBUTABLE TO (I) A CASE OF FORCE MAJEURE, (II) AN UNFORESEEABLE AND INSURMOUNTABLE ACT OF A THIRD PARTY OR (III) A FAULT ON YOUR PART (FOR EXAMPLE MISUSE OF THE PRODUCT AND/OR NON-COMPLIANCE WITH THE RULES AND INSTRUCTIONS COMMUNICATED TO YOU BY LEDGER); DECLINES ALL LIABILITY FOR LOSS OF PROFITS, PROCEEDS, INCOME, VALUE OR DATA, OR COMPENSATION FOR INDIRECT DAMAGES. WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR PAYMENT CARD ON THE CHECKOUT, AND GLOBAL-E AND LEDGER ARE NOT RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN THESE INSTANCESExcerpt from Ledger's Terms of Sale
(1) REGULATORY LANDSCAPE: This provision may engage EU consumer protection law, including the Consumer Rights Directive and applicable national unfair terms legislation, which may limit the enforceability of broad indirect damages exclusions in consumer contracts.
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This provision establishes broad liability exclusions for indirect and consequential damages, which in the context of a hardware wallet product used to secure crypto assets may be financially significant. The exclusion of liability for unauthorized payment card use and the disclaimer of any notification obligation to card issuers or law enforcement may interact with applicable consumer protection and payment services …
Under this clause, the agreement excludes Global-e's liability for indirect damages, loss of profits, loss of value or data, and unauthorized payment card use on the checkout. The document states that these exclusions apply 'to the extent permitted by law,' and separately specifies that death, personal injury, fraud, fraudulent misrepresentation, gross negligence, and wilful misconduct are not excluded.
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