Disclaimer: The content and material from or through the site are provided "as-is," "as
available," with "all faults", and all warranties, express or implied, are disclaimed
(including but not limited to the disclaimer of any implied warranties of merchantability,
non-infringement, freedom from error, and fitness for a particular purpose). The
information and services may contain bugs, errors, problems or other limitations. We and
our affiliated parties have no liability whatsoever for your use of any information or
service, except as provided in sub-section 13(d). In particular, but not as a limitation
thereof, we and our affiliated parties are not liable for any indirect, special, incidental
or consequential damages (including damages for loss of business, loss of profits, savings,
litigation, or the like), whether based on breach of contract, breach of warranty, tort
(including negligence), product liability or otherwise, even if advised of the possibility
of such damages. The negation and limitation of damages set forth above are fundamental
elements of the basis of the agreement between us and you. This site and the products,
services, documents, content and materials and information presented would not be provided
without such limitations. No advice or information, whether oral or written, obtained by
you from us through the site or otherwise shall create any warranty, representation or
guarantee not expressly stated in this agreement. All responsibility or liability for any
damages caused by viruses contained within the electronic file containing a form or
document is disclaimed. Liability: We warrant that the Cashback Service will be provided
with reasonable care and skill with the intention of meeting our specifications for the
Cashback Service, but we cannot and do not guarantee that the Cashback Service will meet
your requirements. We shall be liable as expressly provided in this Agreement, but shall
have no other obligation, duty or liability whatsoever in contract, tort (including
negligence, breach of statutory duty and any other tort) or otherwise. Nothing in this
Agreement shall exclude or restrict our liability for death or personal injury resulting
from our negligence. Limitation of Liability: Subject always to sub-Clause e. below, we
shall be liable for direct loss or damage only, whether in contract, tort (including
negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its
act or omission or that of its employees, agents or subcontractors. The aggregate liability
of our Company and the affiliated parties in connection with any claim arising out of or
relating to the site and/or the products, information, documents and services provided
herein or hereby shall not exceed GBP Ten only (£10) and that amount shall be in lieu
of all other remedies which you may have against us and any affiliated party to us. We will
not be liable to you or anyone else, whether in contract, tort (including negligence,
breach of statutory duty or other tort) or otherwise (A) for any loss of revenue, business,
anticipated savings or profits; (B)any errors in or omissions from the Site or any services
or products obtainable therefrom; (C) the unavailability or interruption of the Site or any
features thereof; (D) your use of the Site; (E) the content and materials contained on the
Site; (F) or any delay or failure in performance beyond our control or any of our
affiliated parties. for any indirect, special or consequential loss damage, costs or other
claims, howsoever caused or arising, whether through non-supply or late supply of the
Cashback Service or other non-performance of this Agreement or otherwise. Except as
expressly stated elsewhere in this Agreement, all representations, warranties, conditions
and other terms, whether express or implied (by common law, statute, collaterally or
otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not
permitted by Applicable Law. For the avoidance of doubt, we will not have liability to you
or any other person in respect of material contributed by Members, transactions (or
non-transactions) with Retailers, or any activity or communication relating to such
material or transactions. The provisions of this Clause 13 shall survive the termination or
expiry of this Agreement.