12.1 Please note that these Terms do not cover the sale, installation or use of Products or Services. These Terms solely cover your use of the ACS Tool for indicative guidance relating to the suitability of the installation of Products for your Property.
12.2 We do not accept any liability for (i) the acts or omissions of the person or entity that sold you and/or installed the Products (including any Services ); and (ii) your use of, or defects in, the Products, under these Terms. This is covered in more detail in Section 9 – 'Your Relationship with Installers'.
12.3 These Terms do not exclude or limit our liability to you:
- for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- for fraud or fraudulent misrepresentation; or
- to the extent we may not otherwise exclude or limit our liability by law. If you are a Consumer, the limit on our liability in Section 8 does not apply to our breach of implied rights under the UK Consumer Rights Act 2015.
12.4 Subject to Section 3, you must make any claim against us promptly after you become aware that we may have breached these Terms.
12.5 Subject to Section 3, we are not responsible for:
- loss or damage that is not caused by our breach of these Terms;
- any loss or damage that was not, at the time these Terms came into effect between you and us, a reasonably foreseeable consequence of us breaching these Terms; or
- loss or failure to achieve any anticipated savings or wasted expenditure resulting from your reliance on the ACS Tool (including the Output Reports) or any output data produced by it.
12.6 For the purposes of this Section 6, "Business User" means a user of the ACS Tool who is not a Consumer. Subject to Section 12.3, if you are a Business User, we expressly exclude our liability for: (i) loss of profit; (ii) loss of revenue; (iii) loss of opportunity; (iv) loss of contract; (v) loss of anticipated savings; (vi) loss of goodwill or reputation; (vii) business interruption; (viii) wasted expenditure; (ix) damage to Devices; (x) loss or corruption of data (whether such data is stored in the ACS Tool, your Device, or in other equipment or repositories) (in the case of (i) to (x) whether such losses are direct or indirect); and (xi) all indirect and consequential loss.
12.7 If you are a Consumer, the ACS Tool causes damage to your Device or other digital content on your Device and such damage is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you appropriate compensation (which shall be limited to the cap set out in Section 8).
12.8 Subject to Sections 3 to 12.6, our total, aggregate liability to you for losses arising out of or in connection with these Terms, whether in contract, tort (including negligence), for breach of statutory duty or otherwise shall not exceed one hundred (£100) pounds.
