7. OUR LIABILITY TO YOU
7.1 If the Company fails to comply with these Terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company's breach of these Terms or the Company's negligence, but the Company is not responsible for any loss or damage that:
(a) is not foreseeable. Loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and the Company at the time the Company entered into this contract; or
(b) has been caused by a relevant Practitioner (except to the extent such Practitioner is an employee of the Company acting within the scope of their employment), Affiliate, subcontractor or third party. Such Practitioner, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of the Company.
7.2 Partnership companies is not responsible for any loss or damage that has been caused by the Company, a Practitioner, an Affiliate or subcontractor or third party and the Company or the Practitioner, Affiliate, subcontractor or third party shall be solely liable for that loss or damage.
7.3 The App is not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently. The company cannot guarantee continuous availability of any Practitioner or any availability of any particular Practitioner
7.4 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the App at any time. For the avoidance of doubt, the company cannot be held responsible for the security of personal data on any device that has had its operating system modified (such as being jailbroken or rooted).
7.5 Except as set out under clause 7.7, the Company:
(a) otherwise disclaims all warranties, express or implied;
(b) does not warrant that the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components.
(c) will not be liable for any damages of any kind arising from the use of the App, including, but not limited to:
(iii) punitive; an/or
(iv) consequential damages.
7.6 The Company provides, among other things, a communications platform for you to communicate with Practitioners and to order products and services from third parties. Except in respect of the actions or omissions of the Company or its officers and employees acting within the scope of their employment, the Company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of the Company.
7.7 The Company only supplies the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any:
(a) loss of profit;
(b) loss of business;
(c) business interruption; or
(d) loss of business opportunity.
7.8 The Company does not exclude or limit in any way its liability for:
(a) death or personal injury caused by the Company's negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by
(i) section 2 of the Supply of Goods and Services Act 1982 in the United Kingdom and
(ii) section 12 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (title and quiet possession);
(d) breach of the terms implied by
(i) sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 in the United Kingdom and
(ii) sections 13, 14 and 15 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the
(i) Consumer Protection Act 1987 in the United Kingdom and
(ii) Liability for Defective Products Act 1991 and the European Communities (Liability for Defective Products) Regulations, 2000 in the Republic of Ireland;
(f) breach of the terms implied by section 39 of the Sale of Goods and Supply of Services Act 1980 in the Republic of Ireland; or
(g) for any other liability which cannot be excluded or limited by applicable law.
7.9 Without prejudice to clause 7.7 above, the liability of the Company in connection with the Services and any Product whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
(a) [£2,000] in aggregate in relation to any Services and/or Products ordered through the Online Shop; and
(b) [£1,000,000] in aggregate otherwise.