Our liability is limited. 5.1 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees (as defined at clause 5.3 below), we are not liable to you for any loss or damage arising as a result of the following (except to the extent that loss or damages is caused by our negligence or fraud):
1. any unauthorised access to your Profile (including any Transactions subsequently made using our Services) where that unauthorised access is due to a breach of these Profile Terms by you;
2. any disruption caused by:
a. a malfunction of all, or any part of, the technology we use to provide your Profile; or
b. any period when all, or any part of, your Profile is unavailable;
1. subject to our compliance with the Privacy Act 2020,any loss or corruption of any data stored or held (including, but not limited to, copies of any documents related to a Transaction or your identity) on your Profile;
2. the creation and maintenance of your Profile.
5.2 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees (as defined at clause 5.3 below), we will not be liable for any indirect, special or consequential loss (including, without limitation, loss of profits or revenues (actual or anticipated), or otherwise resulting from your use and maintenance of a Profile).
5.3 Nothing in these Profile Terms limits, excludes or modifies, or purports to limit, exclude or modify, the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 (Non-Excludable Guarantees).
Our liability is limited. Our total aggregate liability to you under this Agreement, or in connection with its subject matter, will not exceed:
(a) an amount equal to one hundred and twenty-five per cent (125%) of the sums paid or payable by you to us under this Agreement (i.e. the overall contract price), if our liability arises due to our failure to perform our services with reasonable skill and care or to provide them in accordance with the main characteristics identified in the Proposal; or
(b) otherwise an amount equal to the sums paid by you to us under this Agreement.
Our liability is limited. Subject to Sections 11.2) and 15.7, if you have suffered losses and we are found to be liable to you, our total aggregate liability to you under these Terms will not exceed USD $100,000. This limit does not extend to our obligation to return your Available Balance upon termination, in accordance with these Terms.
Our liability is limited. 5.1 Except for any liability that cannot be excluded by law, including the Non- Excludable Guarantees, we are not liable to you for any loss or damage including any indirect, special or consequential loss (including, without limitation, loss of profits or revenues (actual or anticipated), or otherwise resulting from your use of our Serfvices), arising as a result of the following (except to the extent that loss or damages is caused by our fraud, negligence, or wilful misconduct, or that of our employees, agents, officers, contractors, adminstrators, or receivers):
1. any unauthorised access to your Profile (including any Transactions subsequently made using our Services);
2. any disruption caused by:
a. a malfunction of all, or any part of, the technology we use to provide your Profile; or
b. any period when all, or any part of, your Profile is unavailable;
3. any loss or corruption of any data stored or held (including, but not limited to, copies of any documents related to a Transaction or your identity) on your Profile;
4. any inaccuracy, error or delay in, or omission from, any information provided to you;
5. any delays, failures, or inaccuracies in the transmission of any information to you, or any other communications; and
6. the creation and maintenance of a Profile.
Our liability is limited. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE HEREIN: (A) THE ENTIRE LIABILITY OF THE COMPANY OR ANY OF ITS OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AFFILIATES, PARTNERS, REPRESENTATIVES, EMPLOYEES, MANUFACTURERS, SUPPLIERS, OR SUB-CONTRACTORS ( COLLECTIVELY THE “SERVICE PARTIES”), AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY MONITORING SERVICES OR EQUIPMENT, IS LIMITED TO THE AMOUNT OF $2,500; AND (B) IN NO EVENT WILL ANY SERVICE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE EQUIPMENT AND/OR ANY MONITORING SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A NEW JERSEY RESIDENT, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE MONITORING SERVICES OR EQUIPMENT; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE MONITORING SERVICES OR EQUIPMENT; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES , AND THEIR AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TO...
Our liability is limited. 5.1 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, we are not liable to you for any loss or damage arising as a result of the following (except to the extent that loss or damages is caused by our gross negligence or fraud):
1. any unauthorised access to your Profile (including any Transactions subsequently made using our Services);
2. any disruption caused by:
3. a malfunction of all, or any part of, the technology we use to provide your Profile; or
Our liability is limited. 5.1 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, we are not liable to you for any loss or damage arising as a result of the following (except to the extent that loss or damages is caused by our gross negligence or fraud):
1. any unauthorised access to your Profile (including any Transactions subsequently made using our Services);
2. any disruption caused by:
3. a malfunction of all, or any part of, the technology we use to provide your Profile; or
4. any period when all, or any part of, your Profile is unavailable; 3. any loss or corruption of any data stored or held (including, but not limited to, copies of any documents related to a Transaction or your identity) on your Profile;
5. any inaccuracy, error or delay in, or omission from, any information provided
6. any delays, failures, or inaccuracies in the transmission of any information to
7. the creation and maintenance of a Profile.
Our liability is limited. Because of the nature of the beta version of the software and/or services, to the maximum extent permitted by applicable law, the Company shall not be liable for direct, indirect, special, incidental or consequential damages arising out of the use of or inability to use the software and/or services, or any part thereof (including, without limitation, damages for loss of business, loss of data or information or other pecuniary loss) even if the Company should have known of and/or is or was advised of the possibility of such damages. Without derogating from the generality of the foregoing, in the event that the Company is found liable to you and/or to any third party as a result of or in connection with the software and/or services, irrespective of the above, the Company’s total cumulative liability shall not exceed the amount actually paid by you for the use of the paid services during the six months preceding the event giving rise to the Company liability hereof, and the forgoing shall be the sole and exclusive remedy available to you. We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to our Website, your downloading of any content from our Website or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of our Website or our content;
Our liability is limited. Okcare makes no representations about the suitability of the Content displayed on our Website for any purpose. The display o our Website of a Services or any Content does not in any way imply, suggest or constitute a recommendation by Okcare of that Services or that Content, or any sponsorship or approval of such Service or such Content by the Provider, or any affiliation between such Provider and Okcare. All Content and any other information provided on our Website are provided “as is” without warranty of any kind. Okcare disclaims all warranties and conditions that this Website, its serves, or any email sent from Okcare are free of viruses or other harmful components. Okcare hereby disclaims all warranties and conditions with regard to any Content or any other information proidd on our Website, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. The Providers are independent from Okcare and are not agents or employees of Okcare. Okcare is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. Okcare will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. Okcare does not accept responsibility for the uninterrupted accessibility to our Website and may carry out technical or maintenance work on the Website at any of its choosing. In no event shall Okcare be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any wat connected with, your access to, displayof or useof this Website or with the delay or inability to access, display or use this Website (including but no limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statues, or otherwise, and even if Okcare has been advised of the possibility of such damages. If, despite the limitation above, Okcare is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of Okcare will in...
Our liability is limited. Our responsibility is limited to the exercise of ordinary diligence in giving access to the Box and in preventing the opening of the Box by unauthorized persons. We are not responsible for any unauthorized access or loss or harm an unauthorized access causes, unless the unauthorized access was caused only by our gross negligence or our willful misconduct or our intentional or gross fault. If any part or all of the contents of the Box are lost or damaged, that will not give rise to any proof or assumption that the Box has been opened without proper authority or that we have breached this Agreement. You will also have no claim against Coin Canada Ltd. for loss or damage to the contents of the Box unless you prove that the loss or damage was not caused or contributed to by you or any of your directors, officers, employees, attorneys, agents, mandataries or authorized officials, or a member of your household or the household of any such persons. If our liability is not excluded by this Agreement, our maximum liability for any claim relating to the Box, its contents, or this Agreement will be the lesser of $500 or the actual fair market value of the proven contents of the Box at the time they were placed in the Box. In no circumstances will we be liable or responsible for any indirect, consequential, special, aggravated, punitive or exemplary damages, regardless of the basis for the claim. In no circumstances will we be responsible for any delay, damage, or inconvenience caused by an accident or failure in the working of the Box, the vault or the mechanism of any lock, or caused by a superior force, fire, theft or act of God, or in relation to any items that are prohibited from being placed or retained in the Box by law or under this Agreement, or that are or have been acquired by you with the proceeds of a crime, or are unlawfully possessed by you.
