Disclaimer

1. Nothing in the User Agreement (as defined in the General Terms and Conditions) shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. This Disclaimer applies from your first use of the Site. This Disclaimer was first published on 1 July 2009.

2. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or our services or in connection with the use, inability to use, or results of the use of the Site or our services, any websites linked to it or them and any materials posted on it, including, without limitation any liability for:

(c) Loss of income or revenue;

(d) Loss of business;

(e) Loss of profits or contracts;

(f) Loss of anticipated savings;

(g) Loss of data;

(h) Loss of goodwill;

(i) Wasted management or office time; and

(j) Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

3. You will not hold us responsible for other user, member or third party actions or inactions. You will not hold us responsible for the actions or inactions of any parties involved in any transactions via referrals from the Site or for ensuring that they actually complete transactions.

We have no control over, do not guarantee, and you will not hold us responsible for:

(a) The quality, safety or legality of items advertised or recommended;

(b) The truth or accuracy of recommendations or referrals;

(c) The truth or accuracy of any content posted on the site;

(d) The ability of sellers to sell items;

(e) Whether a seller will actually complete a transaction.

4. You should not assume that the offer or sale of any item is valid and legal simply because it is listed or recommended on the Site.

5. We cannot confirm nor be responsible for ensuring the accuracy or truthfulness of other users’ and members’ purported identities or the validity of the information which they provide to us or post on the Site.

6. Regardless of the previous paragraphs, if we are found to be liable, our liability and the liability of other members of our group of companies, our employees, directors and third parties connected to us shall be limited in any 12 month period to the greater of: (a) the total fees (if any) which you paid to us in relation to the service which gave rise to the liability; and (b) £100.

7. Indemnity

You agree to indemnify and hold us harmless from any losses or costs (including all legal fees) we incur arising directly or indirectly from your use of the Site and / or our services, any breach or alleged breach by you of the User Agreement or any representations or warranties made in the User Agreement or that you have given during any application process to become a Registered User.

The provisions of this section will remain in force after termination.

8. Transactions via referrals on the Site

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand (including all legal fees) made by any other User or other third party due to or arising directly or indirectly out of or in connection with any transaction entered into following any referral or recommendation on the Site.

The provisions of this section will remain in force after termination.