Subject to the above: (a) Xanda shall not be liable for: (i) loss of profits; or (ii) loss of business; or (iii) depletion of goodwill and/or similar losses; or (iv) loss of anticipated earnings or savings; or (v) loss of goods; or (vi) loss of contract; or (vii) loss of use; or (viii) loss or corruption of data or information; or (ix) any other loss or damage of any kind however arising, including special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) Xanda’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid to and received by Xanda for the Services.
Competition The Client agrees and accepts that it may be subject to European and UK law on anti-competitive practices including without limitation abuse of a dominant position and concerted practices.
The Client undertakes to Xanda that it will not, in respect of the Project, enter into any agreement that has as its object or effect the restriction of competition within the UK or Europe nor will it at any time seek to abuse a dominant position within its relevant market, unless such activity is specifically permitted by law.
Payments Data Protection Act The Client undertakes that it will not collect data from or via the Services provided by Xanda without obtaining the appropriate registration and otherwise complying with its obligations under the Data Protection Act 1998 or equivalent legislation and that it will not collect any data from the Services provided by Xanda without giving sufficient prior written notice to Xanda to apply for like registration.
Betting Gaming And Lotteries Act The Client undertakes that it will not use the Services provided by Xanda for competitions within the meaning of the Betting Gaming and Lotteries Act 1963 or the Lotteries and Amusements Act 1976 and the Betting and Gaming Duties Act 1981 without full prior consultation with Xanda and first obtaining licenses under those Acts or any amending legislation.
If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No partnership or agency Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
Any contract between Xanda Limited (“Xanda”) and a person, firm or company who purchases goods from or engages the services of Xanda (“Client”), for the sale and purchase of any goods or for the supply of any services agreed in the contract to be supplied to the Client by Xanda (“Services”) (“Contract”) shall be in accordance with these terms and conditions and with the additional terms set out in the Specification Document produced by Xanda, to the exclusion of all other terms and conditions and the Client is deemed to have accepted these Terms and Conditions and the terms of the Specification Document upon signing the Specification Document.
Any variation to these terms and conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a director of Xanda.
Governing law and jurisdiction This agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.