14 Warranties
14.1 SMART MAJORITY warrants that:-
14.1.1 the Materials will be of satisfactory quality and reasonably fit for all the purposes for which materials of the kind are commonly supplied (however SMART MAJORITY does not warrant that the Materials will be error free); and
14.1.2 it will perform the Services with reasonable skill and care.
14.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
15 Limitation of Liability
15.1 This Condition 17 sets out the entire financial liability of SMART MAJORITY (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:-
15.1.1 any breach of this Agreement;
15.1.2 any use made by the Customer of the Online Learning or any part of them; and
15.1.3 any representation, statement or delictual act or omission (including negligence) arising under or in connection with the Agreement.
15.2 Nothing in this Agreement limits or excludes the liability of SMART MAJORITY:-
15.2.1 for death or personal injury resulting from its negligence or the negligence of its employees or agents; or
15.2.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by SMART MAJORITY;
15.2.3 any other liability that cannot be limited or excluded by law.
15.3 Subject to Condition 17.2, SMART MAJORITY's total liability arising in connection with the performance, or contemplated performance, of this Agreement, shall be limited to the price paid by the Customer for the Online Learning.
15.4 Subject to Condition 17.2 SMART MAJORITY shall not be liable to the Customer for:-
15.4.1 any loss of profits, anticipated savings, turnover, loss of business, contracts, data, depletion of goodwill or similar losses or pure economic loss (whether direct or indirect in nature);
15.4.2 any indirect loss or damages which happen as a side effect of the main loss or damage;
15.4.3 loss or damage caused by SMART MAJORITY in circumstances where there is no breach of legal duty owed by SMART MAJORITY to the Customer;
15.4.4 loss or damage which is not a reasonably foreseeable result of any breach of this Agreement by SMART MAJORITY; and/or
15.4.5 any claims brought against the Customer by any other party in each case however arising.
15.5 Subject to Condition 17.4, if the Customer has taken out an SMART MAJORITY damage cover plan, SMART MAJORITY will replace free of charge any Materials which are accidentally lost, damaged or stolen during the Support Period provided any claims are made in accordance with the terms of the SMART MAJORITY damage cover plan. Notwithstanding the foregoing, SMART MAJORITY will not be obliged to replace free of charge any Materials if any monthly instalments of the Fees or any other sums are due and remain unpaid as at the date of the claim.
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