1)
TO THE EXTENT PERMITTED BY LAW, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING, WITHOUT LIMITATION, WHETHER THAT LOSS OR DAMAGE IS ACTUAL, SPECIAL OR CONSEQUENTIAL OR IS A RESULT OF NEGLIGENCE), WHICH YOU MAY DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY LINKED WEBSITE WHETHER OR NOT THAT LOSS OR DAMAGE WAS FORESEEABLE OR DISCLOSED, NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY SUCH LOSS ARISING OUT OF YOUR USE OF OR RELIANCE ON INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION, OR IN CONNECTION WITH PRODUCT LIABILITY).
(2)
TO THE EXTENT PERMITTED BY LAW WE OFFER NO WARRANTIES IN RELATION TO GOODS OR SERVICES SUPPLIED BETWEEN REGISTERED USERS OF THIS WEBSITE. WE ALSO OFFER NO WARRANTY IN RELATION TO THE AVAILABILITY OF THE TRANSACTIONS AND SERVICES CONTEMPLATED BY USERS OF THIS WEBSITE OR THAT REGISTERED USERS OF OUR WEBSITE WILL ACT LAWFULLY OR IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
(3)
YOU ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION AS TO THE ABILITY OF ANY REGISTERED USER TO PROVIDE SOUND, RELEVANT OR APPROPRIATE ADVICE AND YOU RELEASE US AND INDEMNIFY US FROM ALL AND ANY CLAIMS, ACTIONS, COURT PROCEEDINGS OR SIMILAR WHICH ARE INITIATED AGAINST US AS A RESULT OF ANY NEGLIGENCE OR OTHER LOSS OR DAMAGE CAUSED TO YOU BY A REGISTERED USER OF OUR WEBSITE.
(4)
TO THE EXTENT PERMITTED BY LAW, ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS HEREBY EXCLUDED. WHERE LEGISLATION IMPLIES ANY CONDITION OR WARRANTY, AND THAT LEGISLATION PROHIBITS US FROM EXCLUDING OR MODIFYING THE APPLICATION OF, OR OUR LIABILITY UNDER, ANY SUCH CONDITION OR WARRANTY, THAT CONDITION OR WARRANTY WILL BE DEEMED INCLUDED BUT OUR LIABILITY WILL BE LIMITED FOR A BREACH OF THAT CONDITION OR WARRANTY TO ONE OF THE FOLLOWING: (A) IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF SUCH GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS OR (IV) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLYING OF THE SERVICES AGAIN OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
18. Exception to disclaimer
(1)
THESE TERMS AND CONDITIONS DO NOT ATTEMPT OR PURPORT TO EXCLUDE LIABILITY ARISING UNDER STATUTE IF, AND TO THE EXTENT, SUCH LIABILITY CANNOT BE LAWFULLY EXCLUDED.
19. Liability and indemnity
(1)
YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW WE WILL BE UNDER NO LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE) WHICH MAY BE SUFFERED OR INCURRED BY YOU OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN RESPECT OF GOODS OR SERVICES SUPPLIED OR NOT SUPPLIED BY US OR ANY REGISTERED USER OF OUR WEBSITE OR IN RESPECT OF A FAILURE OR OMISSION ON THE PART OF ANY PARTY TO ADHERE TO THESE TERMS AND CONDITIONS.
(2)
YOU RELEASE AND INDEMNIFY US FROM ALL ACTIONS, CLAIMS AND DEMANDS (INCLUDING THE COST OF DEFENDING OR SETTLING ANY ACTION, CLAIM OR DEMAND) WHICH MAY BE INSTITUTED AGAINST US ARISING OUT OF A FAILURE BY US TO COMPLY WITH THESE TERMS AND CONDITIONS OR A FAILURE BY ANY PARTY TO MEET ANY LEGAL REQUIREMENTS.
(3)
YOU ALSO RELEASE AND INDEMNIFY US FROM ALL ACTIONS, CLAIMS AND DEMANDS (INCLUDING THE COSTS OF DEFENDING OR SETTLING ANY ACTION, CLAIM OR DEMAND) WHICH MAY BE INSTITUTED AGAINST US ARISING OUT OF ANY ACT OR OMISSION ON YOUR PART, INCLUDING BUT NOT LIMITED TO A FAILURE BY YOU TO COMPLY WITH YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
Top 20. General warnings
(1)
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
(2)
Your use of our website and entry into transactions with registered users and third parties is at your sole risk.
(3)
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your accessing of this website or any linked website.
(4)
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
(5)
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers and the placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in connection with its advertisements.
(6)
We do not warrant that our website will be available at all times or at any specific times.
(7)
You acknowledge that we do not have any involvement in the financial planning services provided by registered users of our website. We are a website proprietor only. We do not represent any registered users of our website. Unless expressly stated to the contrary, we do not endorse or have an interest in the goods or services which are supplied by or between registered users of our website and we do not accept responsibility in the event that a transaction is not completed, or as a result of advice not supplied or advice negligently supplied, due to an act or omission on the part of any registered users.
(8)
To the extent possible by law, we accept no responsibility for defective goods or services or negligently supplied goods or services supplied by registered users of our website, or by us on this website including the failure of any services to correspond with the descriptions or samples of the goods or services or the failure of any goods or services to be of merchantable quality. For instance, we do not guarantee that the software tools utilised or supplied via this website which enable financial budgeting or reporting of financial data are fully functional and without defects or errors.
(9)
We have no control over the availability, quality, relevance, appropriateness and scope of goods and services supplied by or between registered users of our website, and we do not warrant the truth or accuracy of any representations made by or between registered users. We have no control over representations made by registered users of our website to each other.
(10)
We are not responsible in the event a service is not supplied due to technical difficulties affecting our website.
(11)
We do not undertake to retain listings or to retain records of specific transactions.
(12)
We are not responsible for ensuring that warranty obligations are honoured.
(13)
There is no contract for the supply of financial services between you and us. In the event that financial goods or services are supplied between registered users of our website, we recommend you first ascertain the costs and parameters regulating the business relationship that will be formed between you and the supplier of the goods or services, and obtain relevant advice prior to proceeding with any transaction.
(14)
If you have any doubts about the ability of a registered user of our website to discharge its obligations in any regard, including without limitation to provide you with financial advice, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.
(15)
We do not act as agent for any party. We are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms and conditions.
(16)
You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your registered user status. We may determine at our discretion whether such a failure has occurred.