Whether you are a consumer or a business user:
- 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 and for fraud or fraudulent misrepresentation.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits (whether direct or indirect), sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.
- To the extent permitted by law, the App Store provider or operator (and any equivalent) shall not be liable for any losses incurred by you as a result of your use of the App.
- You agree to indemnify, hold harmless and defend us and the App Store provider or operator (and any equivalent) in respect of all damages, claims, demands, losses, including legal fees and costs arising out of or as a result of your breach of these Terms of Service.
- Save as otherwise set out in these Terms of Service, in no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of, reliance on or access to the App, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
- Save as otherwise set out in these Terms of Service, neither we nor the App Store provider or operator (or equivalent) are liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App.
- Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
- To the maximum extent permitted by law, we and the App Store provider or operator (and any equivalent) hereby disclaim all implied warranties with regard to the App. The App is provided "as is" and "as available" without warranty of any kind. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. Under no circumstances will any App Store provider or operator (and any equivalent) be liable for any warranties under these Terms of Service.