Terms and conditions
E-COMMERCE WEB SERVICES
1. Woodlands Design may from time to time supply E-Commerce related services via third parties, and the Customer hereby agrees to be bound by and comply with the terms and conditions of such third party suppliers.
2. Woodlands Design does not accept any liability for any financial loss resulting from the Customer’s use of any E-Commerce enabled website, service or functionality supplied via Woodlands Design or a third party supplier.
INDEMNITY AND LIMITATION OF LIABILITY
1. The Customer shall indemnify Woodlands Design against any loss, damage, cost or expense (including reasonable legal fees and expenses) Woodlands Design may suffer or incur as a result of:
A. any act, omission, neglect or default of the Customer, its agents, or employees.
B. any claim by any third party that the Customer’s Information and/or Customer Content/Data infringes the Intellectual Property Rights of a third party or is fraudulent, offensive, abusive, defamatory, obscene or menacing or causes annoyance, inconvenience or needless anxiety or constitutes unsolicited advertising or promotional material.
C. work done in accordance with the Customer’s instructions in hosting of the Website on the Server involving the infringement of any Intellectual Property Rights (including but not limited to framing or linking to third parties’ websites):
D. any claim by a third party arising from the Customer’s breach of the warranties.
2. Woodlands Design shall not be liable to the Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Contract, the Server, the connectivity to the Internet, the hosting, the Website, its use (including but in no way limited to any unlawful or unauthorised access or use by any third party), application, support or otherwise, except to the extent which it is unlawful to exclude such liability.
3. Nothing in this Contract shall exclude or limit the liability of Woodlands Design for fraudulent misrepresentation or for any death or personal injury caused by Woodlands Design negligence.
4. Woodlands Design will not be liable to the Customer in contract, tort (including but not limited to negligence), misrepresentation or otherwise for any economic loss of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings), any damage to the Customer’s reputation or goodwill or any other special, indirect or consequential loss (whatsoever and howsoever caused) which arise out of or in connection with the Contract.
5. The Customer acknowledges and agrees that Woodlands Design’s total liability shall be limited to re-performance of the Services or a refund of the relevant purchase price.
6. The Customer acknowledges and agrees that Woodlands Design’s total liability in contract, tort (including but not limited to negligence), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the amount paid by the Customer pursuant to the relevant Contract.
7. Neither party shall be liable for any failure in the performance of any of its obligations under the agreement caused by factors beyond its reasonable control.
RESPONSIBILITY FOR APPROVING WEBSITE
1. The Customer acknowledges and agrees that Woodlands Design shall produce the Website based on the Specification as provided by the Customer.
2. It shall be the responsibility of the Customer (and not Woodlands Design) to review and approve the contents of the Website (including, without limitation, the spelling of names and addresses, usage of images and the accuracy of telephone numbers) as soon as is reasonably possible.
3. Woodlands Design shall have no liability to the Customer for any inaccuracies in the Website.
4. Woodlands Design shall have no liability to the Customer for any data loss in the Website.