Common use of Liability to You Clause in Contracts

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.