Liability to You. 15.1 Our liability to you is limited as set out in paragraphs 15.2-15.6.
15.2 We will not be liable to you for:
a. any indirect loss or any loss which is not a reasonably foreseeable consequence of our negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
b. lost or destroyed data or software; any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss;
c. direct physical damage to your property (including any of your equipment upon which we have set up the service(s)) unless it has been caused by our negligence or the negligence of our employees, agents or contractors while acting in the course of their employment (and even then our liability will not be more than US$20,000 for any one event or series of connected events).
15.3 When we carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent telecommunications provider only.
15.4 We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the service(s), or for transmitting or receiving, or failure to transmit or receive, any material through the service(s).
15.5 If you deal with any other individuals or organisations using the service(s) (for example, by buying or renting goods or service(s) from them or ordering goods from them using our Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you suffer or have to pay for.
15.6 We will not be liable to you for the contents of any material from other individuals or organisations which may be accessed through the services. We also reserve the right to block access to any such material.
Liability to You. 12.1 MDL do not exclude or limit in any way their liability for death or personal injury caused by MDL’s negligence or the negligence of any MDL employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
12.2 Subject to this clause 12, MDL will be responsible for all actions, proceedings, claims, damages, costs, expenses, losses and liabilities caused by or arising from any damage or injury suffered by any person or to any property where it was caused by an act, failure to act or omission by MDL, MDL contractors or persons carrying out work at the Marina by arrangement with MDL. If the Owner suffers any loss due to any such act, failure to act or omission then MDL will be liable to make payment to the Owner to make good any loss, if such losses are foreseeable.
12.3 In accordance with clause 12.2 above, MDL is not liable for any damage or injury suffered by any person or to any property where it was caused by:
12.3.1 an act, failure to act or omission by a third party accessing or using the Home Marina or facilities at the Home or using any Marina or the facilities at any Marina;
12.3.2 an act, failure to act or omission by another berth holder in the Home Marina or any Marina; and
12.3.3 any other act, failure to act or omission by a third party whether or not that third party is on or at the Home Marina or any Marina when the damage or loss is suffered.
12.4 MDL do not exclude liability for death or personal injury resulting from their negligence.
12.5 MDL are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by MDL or the Owner.
12.6 MDL are also not responsible for increased costs or expenses, loss of profit, opportunity, business, contracts, revenues or anticipated savings or for any special indirect or consequential loss of any nature suffered by any person.
12.7 This clause 12 shall survive termination or expiry of this Berthing Agreement.
Liability to You. 1. Neither Virgin Media, Virgin Mobile nor Virgin Media Payments restricts or excludes liability to you for:
1. death or personal injury resulting from our own, Virgin Mobile or Virgin Media Payments’ own (or our agents’ or contractors’) negligent act or failure to act;
2. fraud; or
3. any legal rights and remedies available to you as a consumer in relation to the services. None of these rights and remedies are affected by this agreement. For information on these rights and remedies please visit the Citizens Advice website www. xxxxxxxxxxxxxx.xxx.xx or call 00000 00 00 00.
2. Except as set out in Section S.1, neither we, Virgin Mobile nor Virgin Media Payments will be liable to you for:
1. any loss or damage which is not a reasonably foreseeable consequence of Virgin Media, Virgin Mobile or Virgin Media Payments’ negligence or breach of this agreement. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (e.g. if you and we discussed it); or
2. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable.
3. Except as set out in Section S.1 our, Virgin Mobile and Virgin Media Payments’ liability to you is limited to:
1. for direct physical damage to your property (including any of your equipment upon which the television services are enabled), a maximum of £100,000 for any one event or series of connected events; and
2. except for direct physical damage to your property, a maximum of £10,000 for any one event or series of connected events.
4. When we, Virgin Mobile or Virgin Media Payments carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.
5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the equipment, SIM or services unless we are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the equipment, SIM or services.
6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to:
1. incompatibility with our network;
2. power or network outages that are not our fault; or
3. any oth...
Liability to You. 15.1 If something which We are not reasonably able to control, including but not limited to defects relating to the Cashplus Credit Card, stops or delays Us from doing something We are supposed to do under this agreement, We will not be responsible for any loss which You may suffer.
15.2 Subject to clause 15.3 below, if You are affected by something which is Our fault (including the inability to use Your Cashplus Credit Card due to necessary operational maintenance), We will only be responsible for the loss You suffer as a direct result up to a maximum of the balance on Your Account, subject to this not exceeding £10,000 and not for any other loss (for example, loss of reputation).
15.3 Where You use Your Cashplus Credit Card to purchase goods or services which prove to be unsatisfactory, not supplied, supplied only in part or do not match the merchant's description, then You will be able to pursue a claim against Us (APS) as well as the merchant as set out in or equivalent to section 75 of the Consumer Credit Xxx 0000 (CCA) if the cash price of the individual item or service is more than £100 but not more than £30,000 i.e. you shall be treated by APS as if section 75 CCA applies to this agreement, whether or not section 75 CCA does apply to this agreement. Please note that this right does not apply to cash withdrawals, money transfers or purchases made through third party payment systems with whom You have registered Your card (e.g. PayPal).
15.4 We accept no responsibility or liability for a merchant refusing to accept Your Cashplus Credit Card or failing to cancel an authorisation.
15.5 Pursuant to clause 4.11, We may vary the Credit Limit at any time and shall not be liable to You for any losses You may suffer as a result of Us varying the Credit Limit in this way.
15.6 With respect to funds in Your Account, You should note that:
(a) the Financial Services Compensation Scheme will not be applicable and no other compensation schemes exist to cover losses claimed in connection with this Cashplus Credit Card. In the unlikely event that AFL becomes insolvent Your funds may become valueless and unusable and as a result You may lose Your money; and
(b) such funds will be held in a separate Account with Royal Bank of Scotland, 0-00 Xxxxx Xxxxx Xxxxxx, Xxxxxx, XX0X 0XX.
Liability to You. 15.1. We provide the Service to you subject to the terms, conditions and warranties contained in the SFOA. You also have certain non-excludable rights under the Australian Consumer Law and other laws, which may imply certain conditions and warranties into this agreement (including applicable Consumer Guarantees).
15.2. The Customer Service Guarantee (CSG) provided under the Telecommunications Legislation also proscribes minimum performance standards for certain telecommunications services, breach of which entitles you to certain compensation. We will comply with such standards to the extent that they apply to the Services offered.
15.3. Subject to the rights, implied conditions and warranties referred to in clauses 15.1 and 15.2, any liability we may otherwise have to you in connection with the SFOA or the Service is expressly excluded.
15.4. Where we are liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Australian Consumer Law, our liability is limited to resupplying, repairing or replacing the relevant service or equipment (or paying the cost of resupplying, repairing or replacing the relevant service or equipment). This limitation does not apply:
(a) if you can establish that it is not fair and reasonable for us to limit our liability;
(b) where the service or equipment is of a kind ordinarily acquired for personal, domestic or household use or consumption;
(c) to personal injury or death;
(d) to loss, destruction or damage to, or loss of use of tangible property; or
(e) to a breach of Consumer Guarantees relating to clear title, undisturbed possession and undisclosed securities under sections 51, 52 and 53 of the Australian Consumer Law.
15.5. You must let us know as soon as you become aware of or believe that you have a claim against us.
15.6. We are not liable for any defamatory, offensive or illegal conduct or material found in using our Services, including such conduct or material transmitted by any means by any other person.
15.7. Our liability for any loss, cost, liability or damage suffered by you under or in connection with the Service is reduced to the extent that your acts, omissions or equipment (or a third party’s acts, omissions or equipment) caused or contributed to that loss, cost, liability or damage.
15.8. We are not liable to you or any other person for the acts or omissions of any third party (other than our agents), including any Supplier who is not ...
Liability to You. 16.1 We accept liability without limit for death or personal injury arising from our own negligence.
16.2 Our liability to pay Service Credits in accordance with Clause 4 will be the maximum extent of our liability and your sole remedy for any Service Failures.
Liability to You. If we fail to comply with the terms of the Contract Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you and we entered into the Contract Agreement.
Liability to You. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT OR LIMIT YOUR RIGHTS UNDER THE LAW, OR TO LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION. WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREAKING THESE TERMS OR OUR FAILING TO USE REASONABLE CARE AND SKILL, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE OR COULD HAVE AVOIDED BY FOLLOWING ANY ADVICE WE PROVIDE TO YOU. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME YOU ACCEPTED THIS AGREEMENT, BOTH WE AND YOU KNEW IT MIGHT HAPPEN. UNDER APPLICABLE CONSUMER LAWS, THE FOLLOWING CONSUMER GUARANTEES ON SERVICES MAY APPLY: THE MARKETPLACE (I) BE PROVIDED WITH ACCEPTABLE CARE AND SKILL OR TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE; (II) BE FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND WE HAD AGREED TO; AND (III) BE DELIVERED WITHIN A REASONABLE TIME WHEN THERE IS NO AGREED DATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER APPLICABLE CONSUMER LAWS YOU MAY BE ENTITLED TO CERTAIN REMEDIES IF THE MARKETPLACE DOES NOT MEET THESE CONSUMER GUARANTEES. UNLESS OTHERWISE STATED IN WRITING, OUR LIABILITY TO YOU FOR BREACH OF A CONSUMER GUARANTEE IS LIMITED TO A REFUND OF THE RELEVANT AMOUNT PAID FOR THE MARKETPLACE OR REPLACEMENT OF THE MARKETPLACE OR THE COST OF REPLACING IT.
Liability to You. Since you’re only allowed to use your Pension Account for personal use, we’re not responsible to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This applies to you using your Pension Account for personal use, as well as if you wrongly use it for commercial or business purposes. None of these terms affect your legal rights as a consumer. You can find more information on the Competition and Markets Authority website’ or the Financial Ombudsman Service website. These terms don’t exclude or limit our liability to you where it’s against the law for us to do so. We’re responsible to you for any foreseeable loss and damage which we cause to you by breaching the terms of this contract or failing to use reasonable care or skill providing services to you. When we say ‘foreseeable’, this means we could or should have expected those losses or that damage. We’re not responsible for any loss or damage (direct or indirect) caused by something beyond our reasonable control. We’re also not responsible for any loss or damage (direct and indirect) if something was unavoidable despite us using reasonable care and skill to avoid it. This may include: ● hardware breakdowns ● actions or decisions taken to comply with legal or regulatory requirements, or requirements under industry codes or Financial Ombudsman, court or regulator decisions ● delays or failures caused by third party industrial action ● problems with a third party system or network (including power outages) ● data-processing failures. We can make changes to our fees and charges, the terms of this agreement or the terms of any other agreement which these terms apply to. This includes introducing new charges, changing the level of fees and charges, and charging in a different way. We may make these changes, including fees we charge, because of changes to: ● law, regulation, industry codes or Financial Ombudsman, Pension Ombudsman, court or regulator decisions ● our business so that we can offer products and services in a different way – for example so they're easier to understand, or so they better reflect how our customers want to use Monzo ● the cost of providing your account and running our business, for example a change in our cost of funding, technology (including our systems) and service costs ● the way we need to charge for our products or services, for example if we change our prices to make our business more sustainable or profitable ● the banking or fin...
Liability to You. Neither CT nor any CT Related Party is an insurer and that the prices CT charges for the Services reflect the value of the services CT provides You and not the value of the Premises, its contents or any losses associated with personal injury or death, and that You shall obtain any insurance covering personal injury, including death, and real or personal property loss or damage in, about, on, or to the Premises that You desire;
