Our Liability to You. 8.1 We will not be liable to You in respect of any losses You or the Card User may suffer in connection with or arising from the Card, except where such losses are due to a breach by us of this Agreement or due to Our negligence. In addition, We will not be liable for disputes concerning the quality of goods or services purchased from any merchant that accepted a Card or for any additional fees charged by the operator of POS or ATM terminals (e.
Our Liability to You. If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (a) The contractual terms of the companies that provide the transportation and/or services for your travel arrangements. These terms are incorporated into this contract; and (b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.
Our Liability to You. 10.1.1 The only terms and conditions which apply to our supply of the Service and any other goods and services to you are the terms and conditions expressly set out in the Agreement and any rights you have at law which cannot be excluded. For example, we have obligations under the Consumer Guarantees, which may apply to the supply of goods and services to you. If you have rights and remedies under the law which cannot be excluded, nothing in the Agreement excludes those rights or remedies. We exclude any other liability we may otherwise have to you in connection with this Agreement and the Service, and we exclude all implied terms, conditions, warranties, rights, remedies.
10.1.2 If we have obligations to you under the Consumer Guarantees which cannot be excluded, but the law allows a supplier to limit liability for a breach of those obligations, we limit our liability to replace or repair goods, resupply the Services or pay the cost of replacement, repair or resupply, only if it is fair and reasonable to do so.
10.1.3 If your use of the Service is interrupted, or connection of the Service is delayed, as a result of our fault or negligence only, within a reasonable period of the interruption you can ask us to credit the amount of any recurring Charges billed to you for the affected Service for the period of the interruption or delay, unless we have an obligation under a service level to provide you a service credit in which case you can ask us to provide the service credit, and we limit our liability to you to that amount.
10.1.4 Except for any liability we have to you under the law which cannot be excluded, an interruption or delay to the Service is not caused by our fault or negligence, and we are not liable, if it is caused by an Excluded Incident.
10.1.5 If the law requires, we will also pay you compensation for any reasonably foreseeable loss you suffer as a result of interruption or delay to the Service caused by our fault or negligence.
10.1.6 The limitations set out in clause 11.1 do not apply to any legal liability we may have for direct loss or damage to tangible property or for personal injury or death.
10.1.7 Except for any liability we have to you under the law which cannot be excluded, we are not liable for any delay, interruption or failure to perform an obligation under the Agreement to the extent caused by an Event.
10.1.8 Except for any liability we have to you under the law which cannot be excluded, we exclude all liability to you for lo...
Our Liability to You. 24.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for:
(a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful default;
(b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity;
(c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access Code;
(d) any Loss you suffer as a result of your use of or inability to use Third Party Software;
(e) any decline in the value of your investments;
(f) any delay or change in market conditions before any Transaction is effected;
(g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party);
(h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you;
(i) any inaccurate or incomplete instructions received from you;
(j) any losses you suffer as a result of any other person, whether authorised or unauthorised by you, gaining access to your Account using your Access Code or by any other means;
(k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful default;
(l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control;
(m) our refusal to execute any Transaction;
(n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction);
(o) any failure, delay or error in executing or confirming any Transaction; or
(p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.13).
24.2 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail.
24.3 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.
Our Liability to You. 13.1 We are only liable to You as set out in this Agreement. We have no other duty or liability to You.
13.2 Nothing in this Agreement removes or limits Our liability for death or personal injury caused by something We have done or failed to do or for any fraudulent misrepresentation We may have made to You.
13.3 Except as set out in points 13.1 and 13.2, Our total liability to You for something We or anyone who works for Us does or does not do will be limited to a maximum of £10,000 for all incidents under this Agreement.
13.4 If You are not a Consumer, We are not liable to You in any way for any loss or damage that was not reasonably foreseeable at the time You entered this Agreement. This includes but is not limited to loss of income; business; anticipated savings (meaning costs You expected to avoid by using the Equipment or Services) or anticipated profits, loss of property or loss of use of property.
13.5 If You are a Consumer, We are not liable to You in any way for any loss of income; business or profits; or for any loss or damage that was not reasonably foreseeable at the time You entered this Agreement.
13.6 You must tell Us about any claim as soon as reasonably possible.
13.7 We will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.
13.8 We will not be responsible for any harm You suffer from a Virus which infiltrates the Equipment, whether it was transmitted via the Services or otherwise. You remain responsible for all Charges applied to Your Accounts for the use of any Services activated by such a Virus.
13.9 We will not be responsible for any harm incurred as a result of unauthorised third party use of the Equipment and/or Services (see point 10.4). Subject to point 5.8 above, You remain responsible for all Charges applied to Your Accounts arising from the use of any Services by that third party.
13.10 This point 13 will apply even after this Agreement has been terminated.
Our Liability to You. We shall be liable to you only for any loss or damage which you may suffer as a result of being a Platform member or using the Platform to the extent that such loss or damage directly arises from our material breach of this Agreement or was the direct result of wilful default or fraud by us. Notwithstanding the foregoing, we shall not be liable to you for any loss or damage in respect of any matter for which liability is expressly excluded under this or any other Platform Agreement, or arising out of or in connection with any error or inaccuracy in the data entered by you or another Platform member or any misrepresentation or wilful misconduct or any other act of another Platform member. We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data. Our liability to you for any loss or damage arising in connection with your investment in a particular business shall be limited to no more than the amount you invested in such business through the platform (without regard to any subsequent appreciation in the value of the shares purchased with that investment). You agree that any legal action against us is permitted only on an individual basis, and that you will not initiate or join any purported or actual class or consolidated actions against us. Nothing in this Agreement shall limit our liability for personal injury or death, fraud or any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.
Our Liability to You. 16.1. We shall not be liable to You in any event for consequential, indirect or special damages or for loss of profit, and shall not otherwise be liable to You. The liability shall be limited to an amount equal to the average monthly Fees payable by You to Us for the related Service for twelve (12) months starting from the commencement date of the Agreement.
Our Liability to You. 19.1 You agree that we and our Agents will not be liable to you for any loss, damages or expenses whatsoever due to:
(a) any of your instructions not being sufficiently clear;
(b) any failure by you to provide correct information;
(c) any failure due to events outside our reasonable control;
(d) any system failure or industrial dispute;
(e) any non-acceptance of the Card at an ATM;
(f) the way in which any refusal to accept the Card is communicated to you;
(g) our taking any action required by any governmental, federal or provincial law or regulation or court order;
(h) anything specifically excluded or limited elsewhere in this Agreement;
(i) any breach or violation of this Agreement by you; or
(j) a declined authorization for any particular transaction, regardless of the reason.
19.2 We and our Agents will not be liable for any claims whatsoever, including claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of the Card, negligence on our part, breach of contract or any other tort or cause of action at common law, in equity or by statute.
19.3 We and our Agents will not be liable under any circumstances for any indirect, special or consequential damages.
19.4 Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. Accordingly, we and our Agents are not responsible for any loss, damage or expenses you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access your Balance and transaction information at xxx.xxxxxxxxxx.xx.
Our Liability to You. 13.1. Unless we have otherwise agreed with you in writing, we shall treat your instructions to us to place or renew your insurance cover as acceptance of the limitation of our liability to you and to any other person with an interest in your insurance cover.
13.2. Our aggregate liability and the liability of our Affiliates to you, on any basis (including for example for breach of contract or negligence), arising out of or in connection with these Terms of Business, shall be limited in total to £1,250,000. We shall not be liable to you in any circumstances for any special indirect or consequential loss or loss of profits. These provisions shall not apply to any liability which cannot lawfully be excluded or limited.
13.3. This limitation of liability clause shall survive termination of these Terms of Business.
13.4. You agree that if you do not notify us of material facts and circumstances relevant to the risk to be insured, including those which may arise during the period of your insurance cover, then this will be treated by us as a statement that you have no information to supply in relation to that fact or circumstance. If you do not understand any point please ask for further information.
