Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence or that of our agents, or for any liability arising under Part I of the Consumer Protection Act 1987.
We shall not be liable for any loss that is not reasonably foreseeable nor for any loss calculated by reference to profits, income, or business or loss of such profits, income, or business or for any loss of data or goodwill.
In transferring you onto our Services and in providing the Services to you thereafter, we have to rely on other Network Operators and other providers of telecommunications services. Accordingly, we do not accept liability for the acts or omissions of Network Operators or other providers of telecommunication services.
Our aggregate liability, whether in contract or for negligence or breach of statutory duty or
otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances, shall exceed £100 (one hundred pounds) for any one incident or series of related incidents.
The limitations of liability set out are in addition to any other provisions limiting our liability set out elsewhere in these Conditions. Nothing in these Conditions shall impose any liability on us in respect of non-performance of the Service where the performance claimed is outside the terms of your Contract or where such non-performance is directly due to your acts, omissions, negligence or default. The Broadband Service allows you to access the internet and you agree that your use of the internet through the Broadband Service is at your own risk and subject to all applicable laws. We recommend that you install security software on your PC before accessing the internet. We may offer you anti-virus software or other security features as part of your Tariff Plan or as an additional service. Where such anti-virus software or other security features are in addition to the standard features of your Tariff Plan we shall be entitled to charge you for its use. We expect any anti-virus software of other security features which we provide to you to be effective but we cannot guarantee that it will protect your PC from all harmful or malicious traffic disseminated on the internet. We shall not be liable for any loss or corruption of data or any losses you may suffer arising from your use of (or failure to use) any anti-virus software or other security features. You agree that it is your responsibility to protect your PC against viruses and to back up all data to protect against loss or corruption of such data. We shall have no responsibility for any goods, services, information, software or other materials that you use or obtain when using your PC whether offline or online for accessing the internet (including e-mail).
We do not warrant or guarantee the accuracy or completeness of any Content provided with the Broadband Service, including without limitation, any information, sound, data, software or other materials (in whatever form). You agree that any use that you make of any such Content is at your sole risk and is subject to any third-party terms and conditions applicable to that Content.
Although alarm signals can be carried across a Network, we are not responsible for lack of service or failure to deliver an alarm signal due to: your use of the Services; a Network going down; suspension of your account; failure arising from any misuse of the phone line or telephone equipment; your telephone line being migrated to our other network; or for reasons, out with our control (including, without limitation, if there is a technical failure of a Network, because a Network is being tested, modified or maintained or if access to any Network is denied to us).
