a) If you are acting as a consumer

b) If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your use of our Website, to the extent not prohibited by law, we accept no liability for any:

i) loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or

ii) if it was contemplated by you and us at the time you started to use our Website);
loss which arises when we are not at fault or in breach of these Terms of Use;

iii) and business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

c) If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer.

d) If you are acting as a business user

e) If you are acting in the course of a business, trade or profession) in your use of our Website (a business user), we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to the Website or its content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion.

f) If you are acting as a business user in your use of our Website, without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses:

i) loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, contracts, goodwill or reputation (in each case whether direct or indirect); or any indirect or consequential loss.

g) If you are acting as a business user in your use of our Website, you will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of, or in any way connected with, use of this Website by you or any other person using your login information.

h) Liability provisions that apply whether you act as a consumer or business user.

i) We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

j) We will not be liable for the accuracy and suitability of (i) design tools on this Website and (ii) designs, plans or other similar materials created using this Website or the design tools hosted on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any work based on such design tool, designs, plans or similar materials. You (or your installer if you have engaged one) must ensure that any goods (including their dimensions) and/or services that you purchase based on such design tool, designs, plans or similar materials are appropriate for your project.

k) Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law