Common use of LIMITATION OF GENERAL LIABILITY Clause in Contracts

LIMITATION OF GENERAL LIABILITY. 18.1 Subject to the provisions of Clause 15, World Learning Ltd (NatWest Rooster Money) will not be liable (legally and financially responsible) for: 18.1.1 any fault or failure relating to the use of the Parent Accounts or Rooster Card(s) that is a result of abnormal and unforeseeable circumstances beyond our control which would have been unavoidable despite all our efforts to the contrary, including but not limited to, a fault in or a failure of data processing systems; 18.1.2 the goods or services that you purchase with your Rooster Card(s); 18.1.3 any loss of profits, loss of business, or any indirect, consequential, special or punitive losses arising from your use or your inability to use the Parent Accounts or Rooster Card(s); or 18.1.4 a merchant refusing to honour a transaction or refusing a payment; 18.1.5 any acts or omissions that are a consequence of our compliance with any national or European Union law. 18.2 Where your Rooster Card is faulty due to an issue with NatWest Rooster Money, our liability shall be limited to the replacement of the Rooster Card or, at our choice, repayment to you of the Available Funds on your Rooster Card. 18.3 In all other circumstances of our default not specifically mentioned in Clause 15 or this Clause 18, our liability will be limited to repayment of the amount of any Available Funds. 18.4 Nothing in this Agreement shall exclude or limit any regulatory responsibilities we have which we are not permitted to exclude or limit our liability for death or personal injury. 18.5 We take the security of your money very seriously. All relevant funds corresponding to your Available Funds are held in a NatWest bank account separate from our own funds in accordance with the safeguarding requirements of the Electronic Money Regulations 2011 (“Safeguarded Account”) . This means that in the unlikely event of our insolvency, those funds are protected against claims by our creditors. Please note that the Financial Services Compensation Scheme does not apply to the NatWest Rooster Money Payment Service or your Parent Account.