Where any of the obligations relating to the delivery of the Services are sub-contracted by us to a third party, we will remain liable for the acts and omissions of those contractors as if they were our own.
OUR LIABILITY TO YOU IN RESPECT OF ALL OTHER CLAIMS, LOSSES OR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER OR IN CONNECTION WITH THESE CONDITIONS ARISING IN ANY CALENDAR YEAR COMMENCING ON THE COMMENCEMENT DATE OR AN ANNIVERSARY THEREOF (WHERE, FOR A SERIES OF CONNECTED CLAIMS, THE CALENDAR YEAR IN QUESTION SHALL BE THE FIRST SUCH YEAR OF THE FIRST EVENT GIVING RISE TO A CLAIM), SHALL IN NO EVENT EXCEED THE AGGREGATE OF ALL FEES PAID (LESS DEDUCTIONS OR CHARGES MADE FOR POSTING, FORWARDING AND OTHER EXPENSES) OR PAYABLE BY YOU IN THAT PERIOD.
SUBJECT TO CONDITIONS 9.2 AND 9.4, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE; OR ANY LOSS OF PROFITS, TURNOVER, DATA, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS OR DAMAGE TO GOODWILL (WHETHER DIRECT OR INDIRECT).
Nothing in these Conditions shall act or be construed so as to act in any way to limit:
9.4.1 our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable); or
9.4.2 our liability for fraud or fraudulent misrepresentation by us or our employees; or
9.4.3 any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits relating to the forwarding and receipt of the mail that we process in delivering the Services. The receipt of mail containing certain types of subject matter may be legal in the UK but prohibited by national laws where you are. We make no representation and accept no liability in respect of the any breach of such laws resulting from your request to us when making use of the Services to forward or make available such mail to you.
You hereby agree to indemnify us on demand and to hold us harmless from all actions, claims and proceedings made or taken against us from time to time and for all loss or damage and all payments, costs or expenses (including legal costs) made or incurred by us as a result of the breach of the warranties you have given at clause 2.3 or which otherwise arise in respect of your use of the Services.
We do not warrant that your use of the Services will be uninterrupted or error-free and all liability howsoever arising in respect thereof is hereby excluded. Aside from planned maintenance time, which we shall inform you of in advance, we shall use reasonable endeavours to ensure that your Content is available to the public for 97% of the time, 24 hours a day and 7 days a week. Although we shall use best endeavours to prevent unauthorised access to our systems, we cannot guarantee this.
You will keep all log in details and other confidential information relating to your account secure and you will notify us immediately in the event that your account is used in any way without your authorisation. You will indemnify us for any loss, damage or expense (including legal fees that we incur) as a result of your failure to keep account ID, passwords and other information secure. From time to time we may issue guidance on security issues. You agree to follow and implement this guidance.