OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the contract is made, both we and you knew it might happen. We are not responsible for any loss or damage you suffer which is a result of you breaking this Agreement.
14.2 Defective digital content. To the extent permitted by applicable law, the level of our responsibility to you for loss or damage you suffer from our supply of digital content (such as our mobile app) depends on whether you have paid for it or not. We do not consider that our mobile app is digital content that you have paid for (either directly or indirectly) because it is generally available to you without charge and also without you having to use the part of our services which levy a fee on you by us.
a. If we do happen to supply digital content to you for a fee then our Agreement does not limit our liability for certain rights that you have under the law. These are your rights to have the digital content supplied: of satisfactory quality, fit for a particular purpose, matching the description and information we provide and without a general claim that we do not have the right to supply the digital content. If we supply digital content to you for a fee and you suffer a loss as a failure of us to meet the above conditions then we may repair or replace the digital content and/or give you compensation, in each case depending on the circumstances and also subject to the other terms of this Agreement.
b. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable to you for damage which you could have avoided by following our advice to apply an update provided free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised to access and use the digital content (including as set out in this Agreement).
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Referral Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Referral Terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time our agreement is made, both we and you knew it might happen. We are not responsible for any loss or damage you suffer which is a result of you breaking these Referral Terms.
4.2 Exceptions to our limits on being liable to you. The limits on our liability to you under these Referral Terms do not apply if you suffer loss as a result of:
a. death or personal injury caused by our acts or omissions (including our negligence); and/or
b. our fraud or fraudulent misrepresentation.
4.3 We are not liable for business and certain other losses. We only make available our Referral Program to you for domestic and private use. If you use our Services for any commercial, business or re-sale purpose neither we or our service providers (and each of their respective group companies, officers, agents, partners, contractors and/or employees) will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are also not liable to you for any losses you suffer as a result of the issuer of any Reward (including, without limitation, the issuer of a Reward Gift Card) failing to pay-out the Reward. As mentioned above, we are not liable for any loss or damage that is not foreseeable.
4.4 We are not liable for actions we take to comply with laws or for Events Outside Our Control. We will not be liable or responsible for any losses you may incur that were not our fault or were because of any failure by us to perform (in part or full), or delay in the performance of, any of our obligations under this Agreement that is caused by our compliance with any law or regulation (including, without limitation, us seeking to comply with any anti-money laundering or counter terrorism law or regulation) or an “Event Outside Our Control”.
4.5 Meaning of ‘Events Outside Our Control”. An “Event Outside Our Control” means any act or event beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary and include without limitation st...
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. Limitations to the Services. We have not developed our Services to meet your every need. To the extent we provide any personalized exercise routines or diet plans, you recognize that you carry these out at your own risk. If you have any concerns about these Services and your health, you must consult your GP or healthcare professional. You use the information provided through the Services at your own risk. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied that such information is accurate, complete or up to date. You may receive advice from third parties through the Services however we accept no liability for any advice received from third parties using the Services. Please back-up content and data used with the app. We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app or the Services. We are not responsible for delays outside our control. If our supply of the coaching services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to discuss your potential rights to end the contract and receive a refund for any services you have paid for but not received.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 21.1 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 this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
21.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products
21.3 We are not liable for business losses. We only offer accommodation for your use in your personal capacity. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 7.1 Except as expressly stated in condition 7.2:
7.1.1 the Licensor shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, under or in connection with this Licence and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
7.1.1.1 special damage even if we were aware of the circumstances in which such special damage could arise;
7.1.1.2 loss of profits, sales, business, or revenue;
7.1.1.3 loss of anticipated savings;
7.1.1.4 loss of business opportunity;
7.1.1.5 loss of or damage to goodwill or reputation;
7.1.1.6 exemplary damages;
7.1.1.7 punitive damages;
7.1.1.8 costs of the procurement of substitute goods or services;
7.1.1.9 loss or corruption of data; and
7.1.2 the total aggregate liability of the Licensor, whether in contract, tort (including negligence) or otherwise and whether under or in connection with this Licence or any collateral contract, shall in no circumstances exceed 10% of the most recent Licence Fee paid by you under this Licence before the date on which the claim arose; and
7.1.3 you hereby agree that, in entering into this Licence, either you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Licence or (if you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) the licensor shall have no liability in any circumstances otherwise than in accordance with the express terms of this Licence.
7.2 The exclusions in condition 6 and this condition 7 shall apply to the fullest extent permissible at law, but the Licensor does not exclude liability for:
7.2.1 death or personal injury caused by our negligence;
7.2.2 fraud or fraudulent misrepresentation; or
7.2.3 any liability which may not be excluded by applicable law.
7.3 All dates supplied by us for the delivery of the Software shall be treated as approximate only. We shall not in any circumstances be liable for any loss or damage arising from any delay in delivery beyond such approximate dates.
7.4 If the Licensee is in any country listed in Schedule 1, then that schedule shall also apply. Despite condition 1.6, in ...
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 12.1 We use reasonable endeavours to ensure that the data on the Service is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Service. We do not guarantee that the Service will be fault free and do not accept liability for any errors or omissions.
12.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Service, any liability we may have for any losses or claims arising from an inability to access the Service, or from any use of the Service or reliance on the data transmitted using the Service, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this Agreement or use of the Service save where such liability cannot be excluded by law.
12.3 We do not give any warranty that the Service is free from viruses or anything else which may have a harmful effect on any technology.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 13.1 Nothing in these Avis Preferred Australia and New Zealand Terms and Conditions excludes or limits in any way Avis’s liability where it would be unlawful to or excludes any terms, conditions or warranties which are implied under applicable law into contracts for the supply of goods or services which cannot be excluded under applicable law (including:
13.1.1 any statutory guarantees which are implied under the Australian Competition and Consumer Act 2010 (Cth) in respect of Australian consumers; or
13.1.2 any consumer guarantees which are implied under the Consumer Guarantees Act 1993 (New Zealand) in respect of New Zealand consumers, which require us to provide you with services with due care and skill goods and which are reasonably fit for their purpose).
13.2 As only individuals are eligible for Membership to Avis Preferred, subject to clause 13.1, to the maximum extent permitted by applicable law Avis group companies and Avis providers are not liable for any losses incurred by any company or businesses arising from Membership or use of Membership for commercial, business or resale purposes.
13.3 Subject to clause 13.1, to the maximum extent permitted by applicable law Avis group companies and Avis providers are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss, loss of profits, loss of business, business interruption, or loss of business opportunity) arising under or in connection with these Avis Preferred Australia and New Zealand Terms and Conditions or Avis Preferred, including, without limitation, any changes to the Avis Preferred Australia and New Zealand Terms and Conditions or Avis Preferred, save to the extent that such loss or claim arises from the gross negligence or wilful misconduct of an Avis group company.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 13.1 Nothing in these Budget Fastbreak Australia and New Zealand Terms and Conditions excludes or limits in any way Budget’s liability where it would be unlawful to or excludes any terms, conditions or warranties which are implied under applicable law into contracts for the supply of goods or services which cannot be excluded under applicable law (including:
13.1.1 any statutory guarantees which are implied under the Australian Competition and Consumer Act 2010 (Cth) in respect of Australian consumers; or
13.1.2 any consumer guarantees which are implied under the Consumer Guarantees Act 1993 (New Zealand) in respect of New Zealand consumers, which require us to provide you with services with due care and skill goods and which are reasonably fit for their purpose).
13.2 As only individuals are eligible for Membership to Budget Fastbreak, subject to clause 13.1, to the maximum extent permitted by applicable law Budget group companies and Budget providers are not liable for any losses incurred by any company or businesses arising from Membership or use of Membership for commercial, business or resale purposes.
13.3 Subject to clause 13.1, to the maximum extent permitted by applicable law Budget group companies and Budget providers are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss, loss of profits, loss of business, business interruption, or loss of business opportunity) arising under or in connection with these Budget Fastbreak Australia and New Zealand Terms and Conditions or Budget Fastbreak, including, without limitation, any changes to the Budget Fastbreak Australia and New Zealand Terms and Conditions or Budget Fastbreak, save to the extent that such loss or claim arises from the gross negligence or wilful misconduct of an Budget group company.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 6.1 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 this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
6.3 We are not liable for business losses. If you use the Hosted Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 You acknowledge that the Hosted Services has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Hosted Services meet your requirements.
