Fraud or fraudulent misrepresentation. 8.4. We shall in no way be liable to you for any loss or damage suffered by you as a result of your failure to comply with the terms of this Agreement.
Fraud or fraudulent misrepresentation. 9.3 The Company’s total liability to the Customer shall not exceed the price contained in the Statement of Work. The Company’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
Fraud or fraudulent misrepresentation. 16.1.3 Breach of the terms implied by section 2 of the Supply of Goods and Services Xxx 0000 (title and quiet possession);
Fraud or fraudulent misrepresentation. 9.6 Subject to Clauses 6, 8.5, 8.7, and claims for outstanding payment, the aggregate liability of each Party to the other in contract, tort (including negligence), for breach of a statutory duty or otherwise arising under or in connection with this Agreement or its subject matter shall be limited to a sum equal to the greater of: (i) the aggregate charges payable by the Customer to Whinstone in the [***] immediately prior to the date on which the cause of action first arose or, if the Agreement had been in force for less than [***] at that date, the annualized amount of the charges payable by that date; and (ii) USD $[***].
Fraud or fraudulent misrepresentation. 6.12 The Services Provider, its Affiliates, and employees, staff, officers and directors of the Services Provider and its Affiliates shall have the express benefit of this clause and shall have the right to rely on and enforce any of its terms. This clause is not intended to benefit any Third Parties who may be involved in the performance of the Services or otherwise.
Fraud or fraudulent misrepresentation. 16.2 Subject to Clause 17
Fraud or fraudulent misrepresentation. 10.3.2. death of or personal injury to any person as a result of our negligence; or
Fraud or fraudulent misrepresentation. 8.2 Subject to clause 8.1, accuRx’s total liability to the Healthcare Organisation under this Data Processing Agreement shall not exceed £1,000,000 (one million pounds). Schedule Processing, Personal Data and Data Subjects Description Details Subject matter of the processing To provide the Services (accuRx's patient communication and engagement platform), as adopted by the Healthcare Organisation from time to time. Duration of the processing The duration of this Data Processing Agreement. Purposes and nature of the processing The purposes and nature of the processing includes: ● Communication between patients, healthcare and/or social care professionals, via SMS, email, or other electronic communication, which may include images or documents. ● Video and audio communication for the purposes of video consultation. ● Vaccine booking and recording solution ● Record view for viewing GP Medical Records ● Healthcare and/or social care professionals may disclose patient data to accuRx when receiving technical support and from time-to-time accuRx’s technical team may have access to patient data when they are fixing a technical issue for example via remote support, which may include screen sharing. ● Compilation of anonymised statistics about the use of accuRx’s platform, such as the use of its functions by its users in communication with patients. These statistics may be used for accuRx’s own analytics and improvement purposes. accuRx may also share these anonymised statistics publicly or with third parties. These third parties include: o national bodies, including NHS Digital and NHS England; o local NHS bodies, including CCGs and Primary Care Networks; o partners of accuRx, including commercial organisations, charities and academic institutions. Type of Personal Data Personal Data (relating to patients of the Data Controller): ● Patient demographic details (name; date of birth; gender) ● NHS number ● Mobile phone number ● Email address Personal Data (relating to healthcare and/or social care professionals): ● Name ● Email address ● Mobile phone number ● Affiliated organisations ● Job role Sensitive Personal Data: ● Content of the communications with – or regarding - patients sent via the Services (which may include patient images or documents and contain data concerning health). ● Other types of data, including third party data, (which may include contents of the patient’s GP Medical Record and data concerning health that may from time to time be required to pro...
Fraud or fraudulent misrepresentation. 16.7 Subject to clause 16.6, neither Party shall be liable to the other Party for any Indirect Losses pursuant to or in connection with this Agreement.
Fraud or fraudulent misrepresentation. 9.1.2 Death or personal injury caused by the Supplier’s (or its employees’, agents’ or sub- contractors’) negligence; or
