Limitation of Liability
Limitation of Liability and indemnity
You shall indemnify Us in full and hold Us harmless in respect of any loss, damages, proceedings, suits, third party claims, judgements, awards, expenses and costs (including legal costs) incurred by or taken against Us, as a result of the negligence, fault, error, omission, act or breach by You or your employees, staff, contractors, agents or representatives in any way connected with the Services and for any breach of this Agreement whatsoever- We shall not be liable for any economic, special, incidental, indirect, punitive or consequential loss and which shall, without limitation, include loss of business, revenue or profits, loss of use or data, loss of savings or anticipated savings, loss of investments or loss of reputation or goodwill, loss of capital and loss of administrative costs incurred by or taken against You or any third party arising howsoever from this Agreement, and whether arising under contract, tort, statute, equity or otherwise.
- Notwithstanding any other provision of this Agreement, our aggregate liability for or in respect of all breaches of our contractual obligations under this Agreement and all representations, statements and tortious acts or omissions (including negligence but excluding negligence causing loss of life or personal injury) arising under or in connection with this Agreement shall in no event exceed 50% of the aggregate Charges paid by you pursuant to this Agreement in the previous 12 months prior to such breach or act causing such loss or liability.
- We do not warrant that the operation of the Software or Services will be uninterrupted or error or interruption free.
- The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms of obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
- Without prejudice to the generality of clause 7.5 and for the avoidance of doubt, all terms implied by Sections 13, 14 and 15 of the Sale of Goods Act, 1893 are hereby excluded and all terms implied by the Sale of Goods and Supply of Service Act, 1980 including, without prejudice to the generality of the foregoing, Section 39, are hereby excluded to the extent that such is fair and reasonable.