Limitations and exclusions of liability

Photography by: Article by: 22 May, 2021

Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer with respect to these terms and conditions, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions: (a) are subject to the foregoing; and (b) govern all liabilities arising under these terms and conditions or relating to our services, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

We will not be liable to you in respect of any loss or damage arising out of any default, or other act or omission, of any seller, bidder, buyer or other user of our services.

We will not be liable to you for any damage to or destruction if any lot, save to the extent that such damage or destruction arising out of our negligence or a breach of our obligations under these terms and conditions.

To the extent that our services are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

We will not be liable to you in respect of any losses arising in whole or part from your failure to comply with these terms and conditions.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of: (a) GBP 500; and (b) the total amount paid and payable to us under the contract.

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