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

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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 We are responsible to you Except for foreseeable loss and damage caused any liability that cannot be excluded by us. If we fail to comply with these Referral Termslaw, including the Non- Excludable Guarantees, we are not responsible for any loss or damage you suffer that is not a foreseeable result of our breaking breaching 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 breaching these Referral Terms. 4.2 Nothing in these Referral Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non- Excludable Guarantees”). 4.3 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. 1. death or personal injury caused by our acts or omissions (including our negligence); and/or b. 2. our fraud or fraudulent misrepresentation. 4.3 4.4 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 then, to the extent permitted by law, neither we or nor 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 Also to the extent permitted by law, 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, to the extent permitted by law, we are not liable for any loss or damage that is not foreseeable. 4.4 We 4.5 Except for any liability that cannot be excluded by law, 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 4.6 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

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. 1. death or personal injury caused by our acts or omissions (including our negligence); and/or b. 2. 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 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 not 4.5 Meaning 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 “"Events Outside Our Control". 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Referral Termsterms and the Niche Agreement, we are responsible (on a joint and several basis) for loss or damage you suffer that is a foreseeable result of our breaking these Referral Terms the contract 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 our agreement is the contract was made, both we and you knew it might happen. We are not responsible , for any loss or damage example, if you suffer which is a result of you breaking these Referral Termsdiscussed it with us before signing the Niche Agreement and it was documented. 4.2 Exceptions to our limits on being liable to you. The limits on 13.2 We do not exclude or limit in any way our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so. This includes liability for death or personal injury caused by our acts negligence or omissions (including the negligence of our negligence)employees, agents or subcontractors; and/or b. our for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services. 4.3 13.3 We shall not be liable to you or any other party for any loss, damages, costs, expenses or other claims in relation to any Niche or niche cover or any of your articles or personal effects at the Mid-England Xxxxxx unless caused by our negligence or wilful misconduct. We recommend that items within the niche are insured by you if necessary. 13.4 We are not liable for business and certain other losses. We only make available supply our Referral Program to you Services for domestic and private use. If you You may not use our the Services for any commercial, business or re-sale purpose neither and we or our service providers (and each of their respective group companies, officers, agents, partners, contractors and/or employees) will have any no 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 13.5 How we will use your personal information. (See personal information policy) We are not liable will use the personal information you provide to us in accordance with the Data Protection Act 2018 and the General Data Protection Regulations: (a) to supply the Services to you; (b) to process your payment for actions the Services; and (c) if you agreed to this prior to signing the Niche Agreement, to give you information about similar services that we take provide, but you may stop receiving this at any time by contacting us. (d) The information you supply will be held securely, accurately and up to comply with laws or for Events Outside Our Control. We date. (e) It will not be liable shared with any third party other than where the law requires or responsible for any losses you may incur that were not our fault or were because of any failure by allows 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”do so. 4.5 Meaning of ‘Events Outside Our Control”. An “Event Outside Our Control” means (f) You can request at any act time to see any information we hold on you, and correct anything which is incorrect. (g) You can request that the information is deleted or event beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary and include without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation that it is not used for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coveragecertain purposes.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 19.1 Limitations to the App and the Services. The App and the Services are provided for general information and support purposes only. They do not offer advice on which you should rely, if have any concerns of a medical nature. Although we make reasonable efforts to update the information provided by the App and the Services (other than user-generated content), we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. 19.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Referral Termsterms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Referral Terms terms 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 our agreement is madeyou accepted these terms, 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 19.3 We do not exclude or limit in any way our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so. This includes liability for death or personal injury caused by our acts negligence or omissions (including the negligence of our negligence); and/or b. our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation. 4.3 We 19.4 When we are not liable for business and certain other losses. We only make available our Referral Program damage to you for domestic and private useyour property. If you use our Services for any commercial, business defective digital content that we have supplied damages a device 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 digital content belonging 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 aboveyou, we are not liable for any loss will either repair the damage or damage that is not foreseeable. 4.4 We are not liable for actions pay you compensation. However, we take to comply with laws or for Events Outside Our Control. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 19.5 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store) meet your requirements. 19.6 We are not responsible for any losses events outside our control. If our provision of the Services or support for the App or the 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 minimise 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 incur that were not our fault or were because of any failure by contact us to perform end your contract with us and receive a refund for any Services you have paid for but not received (in part or fullif applicable), 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

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. 1. death or personal injury caused by our acts or omissions (including our negligence); and/or b. 2. 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 We are responsible to you for foreseeable loss and damage caused by us. 11.1 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 this contract 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 our agreement is the contract was made, both we and you knew it might happen. We are not responsible , for any loss or damage example, if you suffer which is a result of you breaking these Referral Termsdiscussed it with us during the sales process. 4.2 Exceptions to our limits on being liable to you. The limits on 11.2 We do not exclude or limit in any way our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so. This includes liability for death or personal injury caused by our acts negligence or omissions (including the negligence of our negligence)employees, agents or subcontractors; and/or b. our for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Experience. 4.3 11.3 Your safety is our highest priority but you acknowledge that some of the Experiences, particularly any off-road or track driving experiences, involve inherent risks of damage to both you and your property. By participating in such Experiences you agree that you accept that you share in the responsibility to maintain your own safety and that of others and of property by your own actions or conduct. 11.4 We are not shall in no circumstances be liable for business and certain other losses. We only make available our Referral Program to you for domestic and private use. If to the extent any liability arises due to your non- compliance with these Terms. 11.5 Except as set out in this clause 11, we shall not be liable to you use our Services whether in contract, tort (including negligence) or otherwise for any commercial, business direct loss 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 interruptiondamage including financial loss, 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 contracts or goodwill (including, without limitation, the issuer of a Reward Gift Card) failing to pay-out the Reward. As mentioned above, save that we are not will be liable for any damage or loss or damage that to your tangible property which 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 directly 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 regulationwilful misconduct) or an “Event Outside Our Control”for any indirect, special or consequential loss or damage. 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 We are responsible to you for foreseeable loss and damage caused by us19.1. 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 us breaking these Referral Terms this contract, 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 happenhappen or, or if, if at the time our agreement is the contract was made, both we we, and you you, knew it might happen. We are not responsible for any loss or damage For example, if you suffer which is a result of you breaking these Referral Termsdiscussed it with us during the sales process. 4.2 Exceptions 19.2. A failure or delay by a party to our limits on being liable to youexercise any right or remedy provided under this Agreement, or by law, shall not constitute a waiver of that, or any other, right or remedy. 19.3. The limits on We do not exclude or limit, in any way, our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so. This includes liability for death or personal injury caused by our acts negligence or omissions (including the negligence of our negligence)employees, agents, or subcontractors; and/or b. our for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to defective products under the Consumer Protection Xxx 0000. 4.3 We are 19.4. If the defective digital content which we have supplied, damages a device or digital content belonging to you, we shall not be liable for business and certain other lossesany losses that you may suffer as a result of this content. 19.5. We only make available our Referral Program to you supply the products for domestic and private use. If you use our Services the products for any commercial, business business, or re-sale purpose neither purpose, we or our service providers (and each of their respective group companies, officers, agents, partners, contractors and/or employees) will have any no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 19.6. These Terms and Conditions operate to the fullest extent permissible by law. We are also may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable to you for any losses you suffer as a result of the issuer of any Reward (includingloss, without limitationdamage, 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)delay, or delay in the performance of, any of our obligations under this Agreement that is failure to act 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 cause beyond our reasonable control; whether in contract, the consequences of which would have been unavoidable despite all efforts to the contrary and include without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disastertort, or failure restitution, or breach of public statutory duty, or private telecommunications networks (including without limitation power failuresotherwise, mobile network failures and Internet disturbances)for any: i. Loss of profit. ii. This would also include suspension Loss of our services and/or the Referral Program resulting from maintenance and upgrades to our systems goodwill. iii. Loss of business. iv. Loss of business opportunity. v. Loss of anticipated saving. vi. Loss of corruption of data or the systems of any party used to provide our services and/or the Referral Programinformation. vii. Special, outages on any phone network indirect, or consequential damage or loss suffered by you arising under, or in the case of mobile networks where you are not in an area of mobile coverageconnection with, this Agreement.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Referral Termsterms and the Niche Agreement, we are responsible (on a joint and several basis) for loss or damage you suffer that is a foreseeable result of our breaking these Referral Terms the contract 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 our agreement is the contract was made, both we and you knew it might happen. We are not responsible , for any loss or damage example, if you suffer which is a result of you breaking these Referral Termsdiscussed it with us before signing the Niche Agreement and it was documented. 4.2 Exceptions to our limits on being liable to you. The limits on 13.2 We do not exclude or limit in any way our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so. This includes liability for death or personal injury caused by our acts negligence or omissions (including the negligence of our negligence)employees, agents or subcontractors; and/or b. our for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services. 4.3 13.3 We shall not be liable to you or any other party for any loss, damages, costs, expenses or other claims in relation to any Niche or niche cover or any of your articles or personal effects at the Mid-England Xxxxxx unless caused by our negligence or wilful misconduct. We recommend that items within the niche are insured by you if necessary. We shall not be liable if the niche, niche cover, ashes, urn or any articles are lost or become damaged during a visit to the xxxxxx. 13.4 We are not liable for business and certain other losses. We only make available supply our Referral Program to you Services for domestic and private use. If you You may not use our the Services for any commercial, business or re-sale purpose neither and we or our service providers (and each of their respective group companies, officers, agents, partners, contractors and/or employees) will have any no 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 13.5 How we will use your personal information. (See personal information policy) We are not liable will use the personal information you provide to us in accordance with the Data Protection Act 2018 and the General Data Protection Regulations: (a) to supply the Services to you; (b) to process your payment for actions the Services; and (c) if you agreed to this prior to signing the Niche Agreement, to give you information about similar services that we take provide, but you may stop receiving this at any time by contacting us. (d) The information you supply will be held securely, accurately and up to comply with laws or for Events Outside Our Control. We date. (e) It will not be liable shared with any third party other than where the law requires or responsible for any losses you may incur that were not our fault or were because of any failure by allows 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”do so. 4.5 Meaning of ‘Events Outside Our Control”. An “Event Outside Our Control” means (f) You can request at any act time to see any information we hold on you, and correct anything which is incorrect. (g) You can request that the information is deleted or event beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary and include without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation that it is not used for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coveragecertain purposes.

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 Termsterms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Referral Terms terms 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 our agreement is madeyou accepted these terms, both we and you knew it might happen. We are do not responsible for exclude or limit in 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 way our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so . This includes things that no one is allowed to restrict their liability for by law. It includes liability for death or personal injury caused by our acts negligence or omissions (including where that death or personal injury is caused by the negligence of our negligence); and/or b. our employees, agents or subcontractors or for where we commit fraud or fraudulent misrepresentation. 4.3 . When we are liable for damage to your property. In the very unlikely event that defective digital content that we have supplied actually damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. eeda™’esntire aggregate liability under these We are not liable for business and certain other losses. We only make available our Referral Program to you As an End-User the Platform are for your own personal, domestic and private use. If you use our Services the Platform for any commercial, business or re-sale resale purpose neither we or our service providers (and each of their respective group companies, officers, agents, partners, contractors and/or employees) will have any no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunityopportunity unless expressly agreed in another agreement with you or your employer. Limitations to the Platform and the Services. The Platform and the Services are provided for the purposes of your personal and private use only. Though we strive to create services that provide as accurate an analysis as possible of any data or input you provide the Platform do not offer advice on which you should solely rely. We strongly recommend that you obtain professional or specialist advice before taking, or refraining from, any serious action on the basis of information obtained from the Platform or the Service. Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Please back-up content and data used with the Platform. 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 Platform or the Service. We are also not liable to you responsible for any losses you suffer as a result events outside our control. If our provision of the issuer of any Reward (including, without limitation, Services or support for the issuer of a Reward Gift Card) failing to pay-out Platform or the Reward. As mentioned aboveServices is delayed or prevented by an event outside our control, we are not liable for any loss or damage that is not foreseeable. 4.4 We are not liable for actions will contact you as soon as possible to let you know and we will take steps to comply with laws or for Events Outside Our Controlminimise the effect of the delay. We Provided we do this 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 delays 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”the event. 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 We 19.1 The Platform is not provided for consumer use. In using this Platform, you are responsible to doing so in the course of your trade, business, or profession and accordingly 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 a consumer for the purposes of any consumer protection law. 19.2 Neither We or the Partner are liable for any loss or damage that is not foreseeable. Loss incurred, whether directly or damage is foreseeable if either it is obvious that it will happenindirectly, 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 as a result of you breaking these Referral Termsyour breach of Clause 16 (Acceptable Use). 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 19.3 Neither We or personal injury caused by our acts or omissions (including our negligence); and/or b. our fraud or fraudulent misrepresentation. 4.3 We the Partner are not liable for business and certain other losses. Neither 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) the Partner 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 . 19.4 Our liability (and that of the issuer of any Reward (including, without limitation, the issuer of a Reward Gift Cardour Partner) failing to pay-out the Reward. As mentioned above, we are not liable for any loss or damage suffered by you will be limited to £50 (which we agree is reasonable given that the Platform is not foreseeableprovided free of charge). 4.4 19.5 Neither We are not liable or the Partner exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for actions we take to comply with laws death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for Events Outside Our Controlfraud or fraudulent misrepresentation. 19.6 Limitations to the Platform and the Services. The Platform and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or the Service. Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 19.7 Check that the Platform and the Services are suitable for you. The Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform and the Services (as described on the appstore site and in the Documentation) meet your requirements. 19.8 Neither We or the Partner are responsible for events outside our control. If the provision of the Services or support for the Platform or the 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 minimise the effect of the delay. Provided we do this we will not be liable or responsible for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any losses Services you may incur that were have paid for but 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”received. 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 4.1 14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail or our agent fails to comply with these Referral Termsterms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Referral Terms or our failure agent breaking this contract or failing to use reasonable care and skill, but neither we are not nor our agent is 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 our agreement is the contract was made, both we or our agent and you knew it might happen. We are not responsible , for any loss or damage example, if you suffer which is a result of you breaking these Referral Termsdiscussed it with our agent during the sales process. 4.2 Exceptions to our limits on being liable to you. The limits on 14.2 We do not exclude or limit in any way our liability to you under these Referral Terms where it would be unlawful to do not apply if you suffer loss as a result of: a. so. This includes liability for death or personal injury caused by our acts negligence or omissions (including the negligence of our negligence)agent, employees or subcontractors; and/or b. our for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2; and for defective products under the Consumer Protection Act 1987. 4.3 14.3 When we are liable for damage to your property. If our agent is providing services in your property, our agent will make good any damage to your property caused by it while doing so. However, neither we nor our agent are responsible for the cost of repairing any pre-existing faults or damage to your property that our agent discovers while providing the services. 14.4 We are not liable for business and certain other losses. We only make available our Referral Program to you supply the products for domestic and private use. If you use our Services the products for any commercial, business or re-sale purpose purpose, neither we or nor our service providers (and each of their respective group companies, officers, agents, partners, contractors and/or employees) agent 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 strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Referral Program resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Referral Program, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.