Liability. (1) FREE NOW will not be liable for the correctness and completeness of any information provided by the User while using FREE NOW’s services.
(2) If the User incurs damages through the use of the App, FREE NOW will be liable only in case of intent and/or gross negligence. In particular, if the damage is due to incorrect or incomplete information, delays in sending information, or unavailability/malfunctioning of the App, FREE NOW shall be liable only if this damage is caused through intent or gross negligence.
(3) For simple negligence, FREE NOW shall be liable only for violation of an essential contractual obligation and only for typical, foreseeable damages. Essential contractual obligations are those through whose satisfaction the proper performance of the contract is possible in the first place and compliance with which the User is as a rule entitled to rely on.
(4) Limitations of liability shall not apply either where guarantees are assumed, in cases of injury to life, limb or health, claims under the applicable product liability laws or in case the User is a "consumer" as defined by the General Act for the Defense of Consumers and Users approved by Royal Legislative Decree 1/2007, of 16 november, or any other law or regulation replacing it.
(5) FREE NOW’s services aim at adults. Persons between 16 and 18 years of age are only allowed to download and use the App with the consent of their legal representatives, provided that this is allowed under applicable laws. The legal representatives of such minor shall be liable for any services used by the minor. The legal representatives are also responsible for controlling the use by the minor.
(6) If the App or the sending of data impairs or damages the User’s hardware or software, FREE NOW will be liable only if this was caused by intent or gross negligence of FREE NOW or if the User is a "consumer" as defined in paragraph A.III (4) above. FREE NOW will not be liable for loss of the User’s data since it is the latter’s responsibility to ensure that data is backed up.
(7) FREE NOW 's liability for services provided by a taxi operator/driver shall be excluded since FREE NOW is only an intermediary for the transaction.
(8) FREE NOW will not incur any liability if it ceases to provide services entirely or partially, temporarily or for good.
(9) No liability will be incurred for third-party contents and links to third-party websites on FREE NOW’s website or in the App.
(10) FREE NOW 's liability shall be excluded...
Liability. (1) If the User chooses to pay by App, he must ensure that the bank account to be debited has sufficient funds. If the bank account FREE NOW attempts to debit does not have sufficient funds, the User must bear any charges or costs (such as costs associated with a return debit memo) incurred as a result of insufficient funds in the bank account.
(2) FREE NOW assumes no liability for cashless payments, especially credit card charges and PayPal payments, unless the damage causing the liability is attributable to the functionning of the App. The User must approach the payment service provider and/or the paying office himself if a booking is incorrect or made in error, or if the payment process malfunctions.
(3) If the User defaults on his payment for the payment option selected by him, FREE NOW shall be entitled to demand interest payable on default at two (2) percentage points above the legal interest rate ("interés legal"). FREE NOW shall be entitled to claim greater damages if the damages sustained due to default are higher and can be substantiated.
(4) If the User culpably violates his obligation to take due care in safeguarding and protecting his user name, password or other personal identification feature(s) from unauthorized third-party access, as described in these GTC (see in particular Section A. IV. (5) above), and if FREE NOW incurs a loss as a result of this violation of duty of care, FREE NOW explicitly reserves the right to assert damages against the User. If FREE NOW receives a Stop Notice from the User, FREE NOW will bear any damages incurred due to use of the User’s blocked user account.
(5) The provisions on liability under A. III remain unaffected.
Liability a) To the fullest extent permitted by law, Xxxxxxxxx shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term or any duty, or under the express terms of the Agreement, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Sartorius, its employees, Affiliates or agents or otherwise) which arise out of or in connection with the execution of the Agreement, except as expressly provided in these GTC.
b) Xxxxxxxxx shall not be liable for the correct choice of Goods for the purpose intended in the individual case and for the correct linkage of such Goods to one another or to items of the Customer. This shall be the sole responsibility of the Customer or of such person who links and installs the Goods on behalf of Customer. Sartorius disclaims any and all liability for faulty and/or false connections of Goods and for any use that is non- compliant with Applicable Law in the country of use.
c) Sartorius shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of Sartorius's obligations under the Agreement, if the delay or failure was due to any Force Majeure event.
d) To the fullest extent permitted by law, and notwithstanding anything contained in the Agreement to the contrary, Sartorius’s total aggregate liability under, or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed, in total, the lesser of: i) Customer actual direct damages; or ii) the Price which Customer has paid Xxxxxxxxx for the Goods or Services giving rise to such claim.
e) Without prejudice to Section 7i), Xxxxxxxxx shall not be liable to the Customer for any (i) loss of profit or revenues; (ii) loss of or damage to data or information systems; (iii) loss of contract or business opportunities;
Liability a) If parts of the Object to Be Serviced are damaged through the fault of Sartorius, Xxxxxxxxx may elect to repair said damage at its own expense or to deliver new replacements. Sartorius’ obligation to replace said damaged parts shall be limited to the price at which the particular Service was agreed. As for the remaining provisions, Section 29 c) shall apply accordingly.
b) If, through Sartorius’ fault, the Customer cannot use the Object to Be Serviced as provided by the Agreement, and this non-use results from failure to provide or the provision of deficient suggestions and or advice, either before or after said Agreement is signed, and other collateral obligations of the Agreement – in particular instructions for operation and maintenance of the Object to Be Serviced, the provisions of Sections 26 and 27 shall apply accordingly, excluding further customer claims.
c) In the event of damage that is not sustained by the Object to Be Serviced itself, Xxxxxxxxx shall be liable, irrespective of the legal reason, only (i) in the event of willful intent; (ii) in the event of gross negligence on the part of the legal representative / entities, directors or executive-level employees; (iii) in the event of culpable physical injury death and hazards to life and health; (iv) in the event of defects that it has fraudulently concealed or the absence of which it has guaranteed; (v) to the extent that liability is prescribed by the Product Liability Law applicable under the law governing the Agreement, for personal injury resulting from, or property damage to, privately used objects. In the event of culpable breach of material contractual duties, Xxxxxxxxx shall also be liable in the event of gross negligence by its non-executive employees and in the event of slight negligence, where the latter case shall be limited to losses that are typically associated with this type of contract and that are reasonably foreseeable. Any further claims shall be excluded.
Liability. In accordance with article L.133-22 of the Monetary and Financial Code, LEMON WAY is responsible, under articles L.133-5 and L.133-21 of said Code, for successfully executing payment Transactions for the payer Account Holder, until the funds are received by the Beneficiary's third part payment service provider. In the event that LEMON WAY is responsible for a poorly executed payment Transaction, it will return the amount in question to the payer and will restore the debited account to the situation that would have prevailed if said poorly executed payment Transaction had not taken place. In accordance with article 8-, if an Account Holder, acting for non-professional purposes, wishes to dispute a payment Transaction that they have not personally authorised, they must contact customer services as soon as possible after learning of the irregularity and no later than thirteen (13) months after such a transaction is registered within the payment Transaction Account. In the event that a security measure is used, non-authorised payment Transactions executed prior to notification of the objection are deemed the responsibility of the Account Holder acting for non-professional purposes, up to a limit of €150. However, LEMON WAY shall not be held liable in case of Account Holder misconduct, such as a wilful misconduct, or constituent of a serious failure to meet its obligations, a late communication of an objection or bad faith. In the event of a misappropriation or counterfeiting of its data, the losses resulting from payment Transactions processed prior to objection by the Account Holder acting for non-professional purposes will be borne by LEMON WAY, unless such losses are a result of the aforementioned misconduct. Payment Transactions carried out after objection by the Account Holder acting for non-professional purposes are borne by LEMON WAY, except for cases of fraud. LEMON WAY does not have the right to cancel an irrevocable payment Order on the Account Xxxxxx'x request. LEMON WAY shall not, under any circumstances, be held liable for indirect damages, such as commercial harm, loss of customers, commercial disruption, loss of profit or damage to brand image suffered by an Account Holder or third party, that may have resulted from the payment Services it provides. Any action brought against an Account Holder by a third party is treated as indirect damage and therefore does not entitle the former to compensation. Unless otherwise stipulated in these General Ter...
Liability. MIBGAS shall perform the obligations it has with reasonable care, within the practice rules of its profession, having regard to the type of service provided. XXXXXX expressly agrees to assign the work entrusted to qualified technical staff with suitable professional profiles. MIBGAS agrees to make available to the Market Participant the data transmitted to ACER derived from its participation in the Market. MIBGAS’s liability hereunder, other than in the event of wilful misconduct or fraud, shall not exceed, on aggregate, 100% of the amount effectively paid in the relevant calendar year by the Market Participant under the Agreement. MIBGAS shall not be required to do or cause to be done anything which is not permitted or is contrary to or inconsistent with the operating procedures of MIBGAS, or which is contrary to any statutory, judicial or administrative provision, or which MIBGAS is otherwise prevented from doing. MIBGAS shall not have any liability to the Market Participant (or any person claiming under or through it) whether in contract or tort, due to a third party accessing or intercepting any information or data whatsoever of the Market Participant, except to the extent that such events are due to the gross negligence, wilful misconduct or fraud of MIBGAS. Participante xx Xxxxxxx, salvo en la medida en que tales hechos se deban a la negligencia grave, dolo o fraude de MIBGAS.
Liability. Each Party shall be liable to the other Parties for any damages it causes the other Parties by any breach of these Clauses.
Liability. 4.1. The CUSTOMER shall be held liable for the damage, defects or faults that may be caused to the elements of the administrative concession, as well as to the CUSTOMER’s own elements or those of any third parties.
4.2. The vessels shall constitute a collateral guarantee for the services provided and for any faults or defects caused to the facilities or any third parties, pursuant to the terms provided for in the International Convention on Arrest of Ships, dated 12 March 1999 or the national, EU or international regulations that complement, modify or replace the foregoing.
4.3. The CUSTOMER may not claim any redress or compensation whatsoever from LA MARINA in the event that the entity that provides drinking water or electricity or any other utility supply within the port zone, suspends the service or for any other reason whatsoever, not attributable to LA MARINA, said port zone is left totally or partially without said services, without prejudice to the right of the CUSTOMER to claim against the utility supply entities.
4.4. All damage that is directly or indirectly caused to the elements of the concession or the elements of LA MARINA, shall be repaired in accordance with the instructions of LA MARINA and shall be charged to the CUSTOMER if responsible or liable for said damage.
Liability. 17.1 The Supplier will be liable to SESÉ GROUP for any damages suffered by SESÉ GROUP that are caused directly or indirectly by the breach of the obligations assumed by the Supplier under the relevant Con- tract.
17.2 The Supplier shall also be liable for all damages, both personal and material, that the premises, equipment or employees of SESÉ GROUP or third parties suffer as a result of the incorporation of the Supplies in the productive chain of SESÉ GROUP, in particular, those that have their origin in any defect of the Supplies. tengan su origen en cualquier vicio o defecto de los Suministros.
17.3 En todo caso, el Proveedor mantendrá indemne a GRUPO SESÉ de las penalizaciones de cualquier tipo que el Cliente Final impusiera a GRUPO SESÉ y los daños y perjuicios que le repercutiera como conse- cuencia directa o indirecta de defectos de calidad en los Suministros, retrasos en la entrega de los mis- mos, o cualquier otro incumplimiento de la Garantía. A título enunciativo tendrán la consideración de da- ños indemnizables al amparo de esta cláusula, los daños y perjuicios vinculados a las paradas en la lí- nea de producción de GRUPO SESÉ o del Cliente Final.
17.4 Asimismo, sin carácter limitativo, el Proveedor res- ponderá frente a GRUPO SESÉ y le mantendrá indemne de cualquier reclamación xx xxxxxxx que tenga su causa en la inobservancia de las obligacio- nes asumidas por el Proveedor frente a GRUPO SESÉ y asumirá todas las consecuencias que se deriven de tales reclamaciones. De la misma forma se procederá cuando la legislación aplicable atribuya responsabili- dad, sea solidaria o subsidiaria, de GRUPO SESÉ por razón del incumplimiento del Proveedor.
17.5 GRUPO SESÉ podrá compensar el importe de cuales- quiera daños y perjuicios de los que deba responder el Proveedor con cualesquiera cantidades que el GRUPO SESÉ adeudará al Proveedor por cualquier concepto.
Liability. MIBGAS shall perform the obligations it has with reasonable care, within the practice rules of its profession, having regard to the type of service provided. XXXXXX expressly agrees to assign the work entrusted to qualified technical staff with suitable professional profiles. MIBGAS’s liability hereunder, other than in the event of wilful misconduct or fraud, shall not exceed, on aggregate, 100% of the amount effectively paid in the relevant calendar year by the Market Participant under the Agreement. MIBGAS shall not be required to do or cause to be done anything which is not permitted or is contrary to or inconsistent with the operating procedures of MIBGAS, or which is contrary to any statutory, judicial or administrative provision, or which MIBGAS is otherwise prevented from doing. MIBGAS shall not have any liability to the Market Participant (or any person claiming under or through it) whether in contract or tort, due to a third party accessing or intercepting any XXXXXX no asumirá ninguna responsabilidad frente al Participante en el Mercado (o cualquier persona que reclame en su virtud o a través del mismo), ya sea contractual o extracontractualmente, por la interceptación o el acceso por parte de un tercero a cualquier clase de información o datos del Participante en el Mercado, salvo en la medida en que tales hechos se deban a la negligencia grave, dolo o fraude de MIBGAS.