Common use of OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU Clause in Contracts

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).

Appears in 14 contracts

Samples: User Agreement, User Agreement, User Agreement

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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 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 this AgreementAgreement or you acting fraudulently. 14.2 Defective digital content. To the extent permitted by applicable law, the 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).

Appears in 9 contracts

Samples: User Agreement, User Agreement, User Agreement

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 as well as damages you suffer as a result of our breaking this Agreement in a grossly negligent manner or damage you suffer that is a result of 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 AgreementAgreement or you acting fraudulently. 14.2 Defective digital content. To the extent permitted by applicable law, the 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. HoweverMoreover, 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 damages 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)gross negligence on our part, but not for any other damages.

Appears in 6 contracts

Samples: User Agreement, User Agreement, User Agreement

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 as well as damages you suffer as a result of our breaking this Agreement in a grossly negligent manner or damage you suffer that is a result of 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 AgreementAgreement or you acting fraudulently. 14.2 Defective digital content. To the extent permitted by applicable law, the 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.generally 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. HoweverMoreover, 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 damages 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)gross negligence on our part, but not for any other damages.

Appears in 6 contracts

Samples: User Agreement, User Agreement, User Agreement

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 AgreementAgreement or you acting fraudulently. 14.2 Defective digital content. To the extent permitted by applicable law, the 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).

Appears in 4 contracts

Samples: User Agreement, User Agreement, User Agreement

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 AgreementAgreement or you acting fraudulently. 14.2 Defective digital content. To the extent permitted by applicable law, the 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.damage 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).

Appears in 4 contracts

Samples: User Agreement, User Agreement, User Agreement

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 us doing so in a grossly negligent manner, as well as any damage you suffer that is a result of our failure to use reasonable care and skill. In the case of an unauthorised payment or mistake due to our error, 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 your request refund the time the contract is made, both we payment amount including all fees deducted by us (see 9.1 Error Resolution and you knew it might happen9.4 Payment of Refunds above) as soon as practicable. We are not responsible for any loss or damage you suffer which is a result of you breaking this AgreementAgreement or you acting fraudulently. You bear a loss of up to 50 euros, which is related to all unauthorised payment transactions and which is caused by the use of a lost or stolen payment instrument or misuse of the payment instrument by an unauthorised person due to your negligence. In such cases, you remain liable for losses incurred up to your notification to us. You will be solely liable for all losses where your gross negligence compromised the security of your Remitly Profile. You will also be solely liable if you do not let us know about the unauthorised or incorrectly completed transaction within 13 months from the date of the payment transaction. 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 damages, which you could have avoided been prevented by you following the instructions, advice, minimal system requirements and other terms of use of the digital content. 14.3 Exceptions to our advice limits on being liable to you. The limits on our liability to you under this Agreement do not apply an update provided free 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. 14.4 We are not liable for business and certain other losses. If you use our Services for any commercial, business or re-sale purpose neither we or our service providers (and each of charge 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 our disbursement partners that pay-out funds to your Recipients. 14.5 We are not liable for actions we take to comply with laws or for damage which was 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 you failing our compliance with any law or regulation (including, without limitation, us seeking to correctly follow installation instructions comply with any anti-money laundering or to have in place the minimum system requirements advised to access and use the digital content (including as set out in this Agreement)counter terrorism law or regulation) or an “Event Outside Our Control”.

Appears in 3 contracts

Samples: User Agreement, User Agreement, User Agreement

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 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 this AgreementAgreement or you acting fraudulently. 14.2 Defective digital content. To the extent permitted by applicable law, the 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.it 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).

Appears in 2 contracts

Samples: User Agreement, User Agreement

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. We agree and acknowledge that you benefit from the limitations of responsibility equivalent to the foregoing. 14.2 Defective digital content. To the extent permitted by applicable law, the 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.also 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).

Appears in 2 contracts

Samples: User Agreement, User Agreement

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. We agree and acknowledge that you benefit from the limitations of responsibility equivalent to the foregoing. 14.2 Defective digital content. To the extent permitted by applicable law, the 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.for 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).

Appears in 1 contract

Samples: User Agreement

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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 but, to the extent permitted by applicable law, 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).

Appears in 1 contract

Samples: User Agreement

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 14.1 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this AgreementLicence, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking breaching the terms of this Agreement Licence or our failure 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, happen or if, at the time the contract is this Licence was 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 content13.2 Legal rights in relation to faulty or misdescribed Software. To the extent permitted by applicable law, the level of our responsibility Nothing in this Licence affects your legal rights in relation to you for loss Software that is faulty or damage you suffer not as described. Advice about your legal rights is available from our supply of digital content (such as our mobile app) depends on whether you have paid for it your local Citizens’ Advice Bureau or not. Trading Standards office. 13.3 We do not consider that exclude or limit in any way our mobile app is digital content that you have paid for (either directly or indirectly) because it is generally available liability to you without charge and also without you having where it would be unlawful to use do so. This includes liability for death or personal injury caused by our negligence or the part negligence of our services which levy a fee on you by usemployees, agents or subcontractors or for fraud or fraudulent misrepresentation. a. If 13.4 When we do happen are liable for damage 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 lawyour property. 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 that 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 you, we will either repair the damage or pay you compensation. However, we will not be liable to you for damage which that you could have avoided by following our advice to apply an update provided offered to you free of charge or for damage which that was caused by you failing to correctly follow installation instructions or to have in place the minimum system Operating System requirements advised to access by us or by you using digital content supplied by a third party (including the Third Party Apps). 13.5 We are not liable for business losses. The Software is for domestic and private use only. If you use the digital content (including as set out in this Agreement)Software 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. 13.6 We are not liable for losses caused by Third Party Apps. We will have no liability to you for any loss or damage you suffer caused by a Third Party App.

Appears in 1 contract

Samples: Licence Agreement

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. We agree and acknowledge that you benefit from the limitations of responsibility equivalent to the foregoing. 14.2 Defective digital content. To the extent permitted by applicable law, the 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).

Appears in 1 contract

Samples: User Agreement

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.level 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).

Appears in 1 contract

Samples: User Agreement

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 but, to the extent permitted by applicable law, 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.you 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).

Appears in 1 contract

Samples: User Agreement

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