Nothing in these Terms and Conditions shall exclude or limit any person's liability (a) for fraud; (b) for death or personal injury caused by its negligence; (c) which it is not lawfully permitted to exclude or limit.
Users acknowledge and agree that in accepting these Terms and Conditions they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms and Conditions).
In the event of a failure or malfunction of the Application, which impacts upon the User Account limits detailed above and which has a material adverse effect on any User, the Company shall refund to the affected User the Unutilised Funds paid into that User's Account.
Without prejudice to the preceding clause, the Company shall not in any circumstances be liable for any loss of whatever nature, including, without limitation, loss of profits, indirect, special or consequential loss, suffered or incurred by any User, or from the participation or non-participation of any person in any Ticket, including the loss, for whatever reason, of the chance to participate in such a Ticket. In particular, but without prejudice to the generality of the foregoing, the Company shall not be liable to any person:
(a) for any event beyond the Company's reasonable control including, but without limitation, any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;
(b) for the failure of, or damage or destruction to, or any errors caused by the computer systems or records of the Company or any third party (including, without limitation, the Application or any part of any of the foregoing;
(c) for delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
(d) for the refusal to allow any person to participate in a Ticket;
(e) for any losses caused by Users including misuse or unauthorised use of passwords or mobiles, money lost by participating in Tickets and failure or malfunction of the equipment or technology of the User or their internet service provider, or mobile network operator.