Disclaimer and Limitation of Liability
The Validator provides advice and information to Clients and Clients representatives on the basis that every endeavour is made to be accurate and not misleading. The Validator works to exercise reasonable care, skill and judgement in preparing the advice and information. The nature of the work involved requires the use of both financial and non-financial data. While these estimates are reviewed for reasonableness, forecasts and assessments can prove to be inaccurate with the benefit of hindsight. Information provided to The Validator by the Client or its mentors or advisors will not be independently verified by The Validator. The Client should exercise their own judgement as to the correctness of any assumption made by The Validator for the purposes of any advice provided by The Validator. Persons intending to enter into engagements with The Validator are cautioned in particular to satisfy themselves by independent enquiry from their own legal or accounting or other specialist advisors as to the accuracy of any advice or information provided by The Validator. The Validator and its directors, agents and employees (Related Parties) do not give any warranty or accept any liability whether arising in contract or in tort or otherwise in respect of any inaccuracy or deficiency whether arising through negligence or otherwise in such advice and information. The fee rates made by The Validator are established at a level that reflects exclusions and limitations of liability. The Validator and its Related Parties will not be liable to you, the Client or any third party, for any: (a) loss of profit, opportunity or saving; or (b) incidental, indirect special or consequential loss or damage. In any event, if The Validator or its directors or employees are liable to you, the Client for any reason, and that liability has not otherwise been excluded by this Agreement, then the maximum aggregate liability of The Validator and its Related Parties to you, the Client arising out of all claims for loss and/or damages for any cause will under no circumstances exceed the total fees paid by you, the Client under this Agreement. Except as included within this Agreement, all conditions and warranties, express or implied, are excluded to the maximum extent allowed by law, including any warranties as to merchantability or fitness for a particular purpose. The limitations and exclusions of liability in this Agreement shall apply however liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise. Each protection to The Validator and other persons acting on its behalf or under its control under this disclaimer is to be construed as separate provision that will survive and apply even if any other provision is found for any reason to be inappropriate.