19. Our responsibility for loss or damage 19.1 We are responsible to you for foreseeable loss and damage caused by us.
If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process. 19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. 19.3 We are not liable for business losses.
If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 19.4 We are not liable for technological attacks.
We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services. 19.5 We have no control over websites linked to and from our Website.
We assume no responsibility for their content or any loss or damage that may arise from your use of them. 19.6 Our liability to you for unauthorized payments or our mistake.
In case of an unauthorized payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:
(a) if you have acted fraudulently, in which case we will not refund you in any circumstances;
(b) if you do not quickly notify us of security issues on your Sirocco Pay Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us;
(c) if the payment transaction was unauthorized but you have with intent or gross negligence compromised the security of your Sirocco Pay Account or failed to comply with your obligations to use your Sirocco Pay Account in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or
(d) if you don't let us know about the unauthorized or incorrectly completed transaction within 13 months from the date of the payment transaction. 19.7 You are responsible for checking your Sirocco Pay Account regularly.
We rely on you to regularly check the transactions history of your Sirocco Pay Account and to contact Customer Support http://siroccopay.com/page5302652.html
immediately in case you have any questions or concerns. 19.8 We are not liable for things which are outside of our control.
We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control. 19.9 You are liable for breaking this Agreement or applicable laws.
In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends. 19.10 What happens if you owe us money.
In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, we reserve the right to collect your debt to us by using any payments received in your Sirocco Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency