No representations, warranties, conditions and guarantees, express or implied including
but not limited to the implied warranties of fitness for purpose and satisfactory
quality are made with respect to the Service by the Company
The Company shall not be liable for any direct indirect or consequential loss damage
or expense including but not limited to loss of data, use, or profits suffered or
arising in any manner whatsoever out of or in connection with the Service or the
Company’s termination of the Service for any reason whatsoever and including but
not limited to:
- any virus that may be passed on to any computer from the web server, or by email.
- any loss, or theft of data
- any loss, or misuse by third parties, of any data that is captured and/or stored
on the web-server
- any downtime of the web server, or other equipment, connected to the Internet, which
causes the System to be off-line for any amount of time, or causes loss of revenue
on a System
- any problems arising from the Customer’s own email account and Internet service
- delays due to circumstances outside our control such as regulatory controls or currency
availability, or in a case where the transaction may be delayed or cancelled in
the course of our continuing obligation to verify your identity, to validate your
transaction instructions and payment methods, to contact and locate you, and to
otherwise comply with applicable law. In these circumstances you may be entitled
to a partial refund pursuant to the Terms and Conditions herein.
The Company shall not be held liable for any loss damage or failure of performance
of the Service due to war, strikes, industrial action short of a strike, lockouts,
accidents, fires, blockades, import or export embargos, legal restrictions, Acts
of God, natural catastrophes or other obstacles over which the Company has no control.
You agree that the limitations on our liability as set out in this agreement are
reasonable having regard to the nature of your instructions and the work involved
and the availability and cost of professional indemnity insurance.
- The Company will undertake the work relating to your matter with reasonable skill
- The Company accepts liability, limited to the value of the actual damage caused,
for the consequences of fraud by the Company or any its Consultants or Employees
which is affected in their capacity as Consultants or Employees and for any other
liability which the Company is not permitted by law to limit or exclude.
- If any part of this Agreement, which seeks to exclude, limit or restrict liability
(including provisions limiting the amount we will be required to pay or limiting
the time you have to bring a claim) is found by a Court to be void or ineffective
for any reason, the remaining provisions shall continue to be effective.
- The Company will not be liable under this Agreement or laws of negligence for any
deficiencies in the work we have undertaken if and to the extent that deficiencies
are due to any false, misleading or incomplete information or documentation which
has been provided to us (whether by you or any third party) or due to the acts or
omissions of you or any third party. However, where any failure by the Company to
identify any such false, misleading or incomplete information (or any failure by
us to inform you that we have identified such information or any failure to act
on your resulting instructions) constitutes negligence then we shall, subject to
the other provisions of this agreement, remain liable for such failure.
- Despite anything else contained in this agreement, the Company are not under any
obligation to act for you (or to continue to act for you) if to do so would breach
any laws. Therefore, we will not be responsible or liable to you for any loss which
you or any other party may suffer as a result of our refusal to proceed with your
matter where we would be in breach (or we reasonably believe that we would breach)
of our legal obligations.
- The Customer agrees that it will not bring any claims or proceedings in connection
with this agreement against the Company, its Consultants or Employees personally,
unless (and to the extent that) the Customer is otherwise permitted to do so by
law. Our Employees may enforce this clause even though they are not parties to this
agreement (but despite having such rights, this agreement may be varied or ended
without their consent).
- Proceedings in respect of any claim against us must be commenced within six years
after you first had (or ought reasonably to have had) both the knowledge for bringing
an action for damages and the knowledge that you had the right to bring such an
action and in any event no later than six years after any alleged breach of contract,
negligence or other cause of action. This provision expressly overrides any statutory
provision which would otherwise apply; it will not increase the time within which
proceedings may be commenced and may reduce it.
If we and any other party or parties are liable to you together in respect of the
same claim, then we shall only be liable to pay you the portion which is found to
be fair and reasonable having regard to the level of our default. Therefore, we
shall not be liable to pay you the portion, which is due to the fault of such party,
even if you do not recover all or any money from such other party for any reason.
If we are liable to you and any other party or parties would have been found liable
to you together with us in respect of the same claim if either:
(i) You had also brought proceedings or made a claim against them; or
(ii) (ii)We had brought proceedings or made a claim against them for
a contribution towards our liability,
then any sum due from us to you shall be reduced by the proportion for which such
other party or parties would have been found liable had those proceedings been brought
or those claims been made.
Nothing in this agreement excludes or limits the liability of the company for:
Death or personal injury caused by negligence;
Fraud or fraudulent misrepresentation; or
Any liability if and to the extent that it is not permissible in law for such liability
to be limited or excluded.
Global Exchange Ltd and its staff will not be liable if:
1. We block the payment to comply with our legal obligations as prescribed by the
Industry Regulators or at the request of any authorised body
2. We are not able to send funds as a result of matters beyond our control or as
a result of unforeseen circumstances.
Unless we agree otherwise, all copyright, which exists in the documents and other
materials that we create whilst carrying out work for you, will remain our property.
You have the right to use such documents and materials for the purposes for which
they are created, but not otherwise.
If you use such documents for any purpose other than that for which they were created
we are not responsible to you for any losses that you may suffer as a result.
Unless otherwise required by law or Court Order, you agree not to make our work,
documents or materials available to third parties without our prior written permission.
Our work is undertaken for your benefit alone and we are not responsible to third
parties for any aspect of our professional services or work that you make available