Our responsibility to you. 3.1. We are responsible to you for any foreseeable loss and damage we cause. ‘Foreseeable loss’ is loss we could’ve or should’ve expected (for example, if we break this Agreement).
3.2. We’re not responsible to you, to the extent we are allowed to do so by law, for any loss or damage if: ● it was unforeseeable or unavoidable (for example, due to viruses or malware introduced by third parties which are outside of our control). ● It arose from a need to comply with our obligations under the law. ● you’re on-boarded as a natural person and use our services for any commercial or business purpose. ● we’ve refused, cancelled, suspended, or delayed any aspect of our services for any reason we have set out in this Agreement. ● you’ve broken any terms of this Agreement.
3.3. None of the exceptions in this paragraph 3 will apply, and nothing else in this Agreement will stop us being liable, if: ● we act fraudulently. ● we act with gross negligence. ● we’re at fault and the law does not allow us to exclude or limit our liability.
3.4. The amount of loss or damages you can claim from us is limited. For each transaction you complete through our services (for example, for every money transfer you send), the most you can claim from us will be the total amount of our Fees for that transaction (unless you live in the U.S., in which case please see our Jurisdictional Terms for more information on this). If the law requires a higher amount, our liability will be limited to that amount.
Our responsibility to you. 13.1 Our liability to you is only as expressly set out in this clause 13 and wherever else expressly stated in this Agreement.
13.2 You must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt which you have received after we have collected your Item from the Collection Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof). We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase, please refer to the product specific terms at xxx.xxxxxxxxx.xxx
13.3 Our liability to you will be as per the specific terms relating to the Product. Further details on compensation can be found in our general terms and conditions; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditions
13.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement.
13.5 We will not pay you compensation if we collect outside of the Estimated Collection Window.
13.6 We will not be responsible to you in any circumstances for:
13.6.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity;
13.6.2 any type of special or indirect loss; or
13.6.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item.
13.7 We will make any compensation payments within 30 Days of the date when we agree your claim is valid.
13.8 Notwithstanding any other provision of this Agreement, we accept unlimited liability for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
Our responsibility to you. 10.1 If you suffer a continuous total loss of the Service at any time after we have provided it, we promise to put things right by midnight on the third weekday (not public and bank holidays) after you have reported the fault to us unless a specific appointment date is agreed. We will treat a fault reported after 6pm on a weekday, or anytime at weekends or on a public or bank holiday, as if you reported the fault at 9am on the next weekday after the day you reported the fault to us.
10.2 By continuous total loss of the Service we mean the inability to make and receive Calls using the Service(s) due to a fault in any part of timetalk’s network, which excludes any third party network or any network within your Service Address leading from the main socket in your Service Address.
10.3 Should we fail to rectify reported faults that are within our control within the aforementioned time frame we will provide you with a credit for each whole day that we are late in restoring the Service. This credit will be equal to the daily charge of your rental for each day that applies. The daily charge will be calculated by multiplying your monthly subscription for the Service by 12 and dividing that figure by 365.
10.4 You must contact us in writing to claim a credit. If your credit request is been approved it will be applied against future or current outstanding Charges due for the Service(s).
10.5 Our only responsibility is to pay you the credits described above, unless we are negligent.
Our responsibility to you. We are responsible to you for any foreseeable loss and damage we cause. ‘Foreseeable loss’ is loss we could’ve or should’ve expected (for example, if we break this Agreement).
Our responsibility to you. 21.10.1 We will inform You about the remittance amount, amount which will be received by the Registered Beneficiary, exchange rate, charges and value date over the counter if You initiate a remittance through any of the branches when a request is given face to face. For Transfer requests using the telephone banking service, the above details will be reflected in your monthly Account statement. For transactions initiated using internet banking, such details will be available on the Transfer history page of your internet banking logged in section.
21.10.2 In the event of any incomplete or incorrect information on the remittance transaction form or through telephone banking, we will notify You within 3 Working Days of the receipt of the request.The notification will include the reasons for keeping the Transfer on hold and Your requirement to rectify any errors that led to putting the Transfer on hold for want of complete and accurate information. However, in case of transfers to banks other than ICICI Bank Limited, India, you will get a notification within 3 Working Days of the date of receipt of rejection by the Beneficiary Bank to us.
21.10.3 Should any event outside our control (including industrial action) stop or delay us from performing our obligations towards You under the Service, then we may elect either of the following:
(i) to postpone performance until we are able to perform the obligations or
(ii) to terminate the Service by giving a 60 days notice to You.
Our responsibility to you. 7.1 We will not be responsible for any failure to perform our obligations to you in connection with the Agreement or otherwise in relation to your participation in the Programme where this failure is caused wholly or partly by circumstances beyond our control. You acknowledge and accept that you are solely responsible for the distribution and management of unique access codes purchased for the CODE app.
7.2 Subject to clause 6.3, our liability to you in connection with any breach of this Agreement or your participation in the Programme or otherwise (whether under contract, in negligence or other tort or under any other breach of duty) will not exceed the total participation fee charged for your participation in the Programme in the twelve months preceding such breach. In no event shall we be liable for any loss of profits, loss of business opportunity, loss of data or loss of reputation or for any indirect, consequential or special loss, damage, liability, cost or expense.
7.3 Nothing in these terms and conditions affects any your statutory rights if you are a consumer, or any liability that may not be lawfully excluded or limited.
Our responsibility to you. This retreat is subject to change (only in a beautiful way) and grow before we leave. • Retreat programme: Chakra healing & meditations • Accommodation from 19-21 February 2021 (2 nights) or another week-end if dates need to change due to lockdown. • All meals, snacks and non-alcholic drinks • One 15-20min healing session with Xxxxxx • Workbook & Goodie bag The main focus of this retreat is in the name “Chakra healing & meditation”. We will be working through the chakras – meditating and completing activites to enhance your chakras. It is not guaranteed that you will heal your chakras but you will get the healing that is relevant to where you are right now. If you are concerned about the content of the week-end please contact Hayley directly before booking.
Our responsibility to you. 11.1 Services for your benefit- Our services are provided solely for your use for the purpose set out in our engagement letter or the relevant deliverable. Except as stated in our engagement letter or the relevant deliverable, as required by law, or with our prior written consent, you may not:
a. show or provide a deliverable to any third party or include or refer to a deliverable or our name or logo in a public document
b. make any public statement about us or the services
11.2 We will only be liable to you for that proportion of the legally payable amounts that we have caused or to which we have contributed.
11.3 We will not be liable for any loss of profits, indirect, consequential, or exemplary losses suffered or incurred by you.
11.4 Any claim or proceedings of any nature against us relating directly or indirectly to the provisions of the Services must be brought, in writing, within 12 months of the earlier of the date that we complete providing the Services to you or this Agreement terminates. No claim may be made against us outside of this time limit.
11.5 We will not be liable for any Loss, or failure to provide the Services, which is caused by an Unexpected Delay or which arises as a result of us relying on any false, misleading, or incomplete Information.
11.6 The limit of liability set out above applies to all Addressees as a group. It is up to you to agree how the limit is allocated between you. You agree not to dispute the limit if you are unable to agree on how it will be allocated between you.
Our responsibility to you. 11.1 Where the law requires it, our liability to you will not be limited, but otherwise, you unconditionally and irrevocably agree that our maximum aggregate liability to you for any Loss or causes of action arising in connection with the Services or otherwise under this Agreement (whether arising by way of indemnity, negligence or otherwise) is limited to an amount which is the lesser of our Fees and $100,000.
11.2 We will be liable to you only for that proportion of the total Loss that we have caused or to which we have contributed and even if we are negligent, we will not be liable to you (nor will you assert or pursue any claim against us) for any Consequential Loss, howsoever caused or arising in connection with the Services or this Agreement.
11.3 You acknowledge and agree that:
11.3.1 We are not liable for any Loss, or failure to provide the Services, to the extent caused by an Unexpected Delay or which arises as a result of us relying on any inaccurate, misleading or incomplete Information; or
11.3.2 We are not liable to you for any Loss or causes of action arising in connection with the Services or any Report, to the extent:
(a) Directly or indirectly based upon, attributable to, or in consequence of any insulation and finishing system, wall panelling, cladding or facade material that is not compliant, or does not conform, or is installed, applied or used in a manner that does not comply, in whole or part, with all relevant provisions of the Building Code of Australia, the National Construction Code of Australia, Australian Standards, approved conditions of use or application, or any other applicable law or regulation, including any replacement thereof; or
(b) Arising from or as a result of any newly enacted, or change to existing, Law, or any applicable judgment of a relevant court which changes the interpretation of a Law, which occurs after the date of our Report and which affects or alters the conclusions therein and/or the information or basis upon which we exercised any professional judgement;
(c) Arising from any alteration, removal or addition to the subject asset or property (including its fittings or fixtures) which occurs after the date of Report.
11.4 You acknowledge and agree that we have entered into this Agreement relying on the terms that have been agreed in this clause and in clause 4.
Our responsibility to you. 13.1. Although we have taken all reasonable care to ensure that the features and functionalities provided on the Portal and / or our website are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control. We will therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.
13.2. We do not guarantee that the Portal and / or our website will be compatible with all or any hardware and software which you may use. We do not guarantee that the Portal and / or our website will be available at all times or at any specific time.
13.3. We will never be responsible for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with this Agreement.
13.4. Subject to section 13.3 above, our maximum aggregate liability to you in respect of the Services (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will in no circumstances exceed the greater of (a) one hundred Great British Pounds (£100) or (b) in the case of FOREX Services, the value of currency as at the Transaction date to be purchased by us from you at the time the liability arose; and in the case of Money Remittance Services, the value of the money intended to be remitted at the time the liability arose. Nothing in this section affects your ability to make any claim under this Agreement as the case may be.
13.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
