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Liability and indemnity

19.  Liability

19.1 Nothing in this Framework Agreement shall limit GS1 UK’s liability for:

19.1.1 death or personal injury caused by its negligence; or

19.1.2 fraud; or

19.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

19.1.4 any other liability which cannot be excluded or limited under English law.

19.2 Subject to clause 19.1, GS1 UK shall have no liability in contract, tort, negligence, breach of statutory duty or otherwise for any loss of profit, loss of sales, loss of business opportunity, loss of goodwill or reputation, third party claims, pure economic loss or for any indirect or consequential loss or damage.

19.3 The Member acknowledges and accepts that GS1 UK will have no liability whatsoever to the Member or any third party in connection with the Member, a User or the Admin User use of the Member Account in relation to the Member Account Services.

19.4 Notwithstanding to clause 19.3 and subject to clause 19.1 and 19.2, GS1 UK’s aggregate liability in contract, tort, negligence, breach of statutory duty, under any indemnity or otherwise in relation to Membership Services shall be limited to the Membership Fees paid in the calendar year for which the claim arose.

19.5 Notwithstanding to clause 19.3 and subject to clause 19.1 and 19.2, GS1 UK’s aggregate liability in contract, tort, negligence, breach of statutory duty, under any indemnity or otherwise in relation to an Additional Services shall be limited to the total the level of liability set out in the Service Contract from which the liability arose.

19.6 The Member acknowledges and accepts that:

19.6.1 GS1 UK will have no liability whatsoever in relation to Member Data which relates to a Member Product uploaded to the Member Account, and it is the responsibility of the Member, User and/or Admin User to ensure that a copy of Member Data is retained;

19.6.2 commentary, data and information provided by third parties on the Member Account is not intended to amount to advice and GS1 UK accepts no responsibility for the accuracy of such information and shall not have any liability to the Member of a third party where they rely on such information.

19.7 GS1 UK does not make any representations of guarantees that the barcodes created through the Barcode Image Generator Service and the Free Barcode Image Generator Service will be capable of being scanned and the Member accepts full responsibility for checking that all barcodes created through the Barcode Image Generator Service and the Free Barcode Image Generator Service produced from or downloaded can be correctly scanned.

20. Indemnity

20.1 The Member will indemnify GS1 UK against all claims, actions, proceedings, losses, damages, expenses and cost (including legal fees) arising in connection with the Member’s use of the Member Account and/or the processing and/or presence of the Member Data on GS1 UK’s systems (which will include systems operated by third party contractors on behalf of GS1 UK).

20.2 The Member agrees to indemnify GS1 UK in full and hold GS1 UK harmless against any third party claims, proceedings, suits, losses, damages, judgments, awards, expenses or costs (including legal costs) suffered or incurred by GS1 UK as a result of the negligence, fault, error, omission, act or breach of the Member, its employees, staff, contractors, agents or representatives, relating to this Framework Agreement.