Liability to You. 1. Neither Virgin Media, Virgin Mobile nor Virgin Media Payments restricts or excludes liability to you for:
Liability to You. 16.1 We accept liability without limit for death or personal injury arising from our own negligence.
Liability to You. 15.1 If something which We are not reasonably able to control, including but not limited to defects relating to the Cashplus Credit Card, stops or delays Us from doing something We are supposed to do under this agreement, We will not be responsible for any loss which You may suffer.
Liability to You. 15.1. We provide the Service to you subject to the terms, conditions and warranties contained in the SFOA. You also have certain non-excludable rights under the Australian Consumer Law and other laws, which may imply certain conditions and warranties into this agreement (including applicable Consumer Guarantees).
Liability to You. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT OR LIMIT YOUR RIGHTS UNDER THE LAW, OR TO LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION. WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREAKING THESE TERMS OR OUR FAILING TO USE REASONABLE CARE AND SKILL, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE OR COULD HAVE AVOIDED BY FOLLOWING ANY ADVICE WE PROVIDE TO YOU. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME YOU ACCEPTED THIS AGREEMENT, BOTH WE AND YOU KNEW IT MIGHT HAPPEN. UNDER APPLICABLE CONSUMER LAWS, THE FOLLOWING CONSUMER GUARANTEES ON SERVICES MAY APPLY: THE MARKETPLACE (I) BE PROVIDED WITH ACCEPTABLE CARE AND SKILL OR TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE; (II) BE FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND WE HAD AGREED TO; AND (III) BE DELIVERED WITHIN A REASONABLE TIME WHEN THERE IS NO AGREED DATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER APPLICABLE CONSUMER LAWS YOU MAY BE ENTITLED TO CERTAIN REMEDIES IF THE MARKETPLACE DOES NOT MEET THESE CONSUMER GUARANTEES. UNLESS OTHERWISE STATED IN WRITING, OUR LIABILITY TO YOU FOR BREACH OF A CONSUMER GUARANTEE IS LIMITED TO A REFUND OF THE RELEVANT AMOUNT PAID FOR THE MARKETPLACE OR REPLACEMENT OF THE MARKETPLACE OR THE COST OF REPLACING IT.
Liability to You. 10.1 If we fail to comply with the terms of the Contract Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you and we entered into the Contract Agreement.