Your liability to us. (alleged) illegal use, etc
(a) This clause applies where:
(i) your Service is actually or allegedly used in a way that breaches any law or infringes the rights of any third party; and
(ii) we suffer loss or reasonably incur expense as a result.
(b) You must make good our loss and reimburse our expenses on request.
Your liability to us legal requests, etc
(a) This clause applies where we reasonably incur expense as a result of or in connection with:
(i) a police request for information or evidence in relation to you or your use of a Service; or
(ii) a Court or other competent authority’s direction for provision of information or evidence in relation to you or your use of a Service; or
(iii) a demand from a legal practitioner for information or evidence in relation to you or your use of a Service.
(b) You must reimburse our expenses on request.
Your liability to us. 18.1 You, or Your agents¸ or any person who makes use of the Service (whether authorised or unauthorised) are liable to Us for breach of contract or negligence under the principles applied by the courts.
18.2 If We claim any loss or damage against You, any contribution We or Our agents or any person authorised by Us have made to the loss or damage which is the subject of claim shall proportionally reduce the extent of Your liability.
18.3 In contract, tort (including negligence), statute or otherwise. If an End User makes a claim against Us in relation to:
(a) The use (or attempted use) of the Service; or
(b) Equipment used in connection with the Service;
(c) Other services or products which rely upon the Service;
(d) Any other matter arising out of the relationship between You and Us, You hereby indemnify Us against, and must pay Us for any loss or damage We suffer in connection with any and all claims, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), howsoever arising, which may be made against Us in respect of the matters listed in this clause above.
18.4 We are not liable to third parties for any claims in relation the Service, including Your use of the Service. You hereby indemnify Us against, and must pay Us for any reasonably foreseeable loss or damage, including Our own costs incurred (which are to include a genuine and reasonable estimate of Our own administration and professional costs), arising out of or in connection with any and all claims which third parties may make against Us in respect of Your Service, including in respect of Your use of the Service.
18.5 You, Your agents and any other party making use of the Service are jointly and severally liable for any loss or damage, howsoever caused, arising out of or in connection with the Service.
18.6 This section 18 shall survive termination.
19.1 We have statutory responsibilities and obligations under:
(a) The Telecommunications Act,
(b) The Competition and Consumer Act including Schedule 2, the Australian Consumer Law, and
(c) Other applicable laws, regulations and codes.
19.2 Nothing in the Agreement removes or limits any rights that cannot be excluded or modified under existing laws or regulations.
19.3 We will comply with the Australian Consumer Law as in effect from time to time, if under the Agreement We supply goods or services with a price of less than $40,000 or which are ordinarily acquired for...
Your liability to us. You shall be liable to us for any loss or damage suffered by us as a result of any breach of this Agreement or any other agreement that you enter into with us, or of any use of the platform that is fraudulent or represents wilful misconduct.
Your liability to us. You are liable to us for: all charges for the use of your Service; and any damage to Service Equipment, which is not the result of fair wear and tear or the result of our fault or our negligence.
Your liability to us. 10.2.1 You are liable to us for any breach of the Agreement or negligence by you according to general legal principles.
10.2.2 You must pay us the amount of any loss, cost (including legal costs), damage, expense or liability we suffer or incur in connection with:
10.2.2.1 use of the Service, or equipment used in connection with the Service, arising from negligence, fraud or breach of the Agreement by you, your employees, agents or contractors or anyone authorised by any of them; and
10.2.2.2 any third party claim arising from inaccurate or incomplete information or improper authorisation provided to us or our contractors by you, your employees, agents or contractors in connection with the Service.
10.2.3 You are not liable for any delay or failure to perform any obligation under the Agreement due to circumstances outside your reasonable control.
10.2.4 You are not liable for any loss we suffer to the extent that we or any of our officers, employees, agents or contractors caused or contributed to the loss, or to the extent caused by Our Equipment, the networks and infrastructure we or our suppliers use to supply the Service, or by us failing to take reasonable steps to reduce or avoid the loss.
10.2.5 Except as set out in clause 11.2.2 you are not liable to us for loss of profits, loss of revenue, loss of opportunity or goodwill, loss of actual or anticipated savings, loss or corruption of data, loss of any equipment value, any exemplary, punitive or special damage and any other indirect or consequential loss.
10.2.6 If the customer for a Service is more than one person, each of you is jointly and individually responsible for the Charges and other obligations relating to the Service.
Your liability to us. 17.1 Subject to clause 17.2, you shall be liable to us and repay us for any loss or damage suffered by us as a result of your (or an Authorised Person’s) breach of these Terms or any Contract, or fraudulent use of our Services. This includes any legal costs that we may incur in order to enforce our rights or recover any amounts you owe us.
17.2 You are liable to us:
17.2.1 up to a maximum of £35 for each instance of fraud; and
17.2.2 for all unauthorised transactions if you act fraudulently.
Your liability to us. (alleged)
Your liability to us. Your general liability
(a) You are liable to us for any breach of the SFOA or negligence by you according to general legal principles.
Your liability to us. (alleged) illegal use, etc
(a) You must make good our loss and reimburse our expenses where:
(i) your Service is actually or allegedly used in a way that breaches any law or infringes the rights of any third party; and
(ii) we suffer loss or reasonably incur expense as a result.
