To the maximum extent permitted by law, Vicinity, its directors, officers and employees are not liable (whether in contract, tort including negligence, under statute or otherwise) for any Loss or Claim (including loss of profit or revenue, loss of use, legal costs and defence or settlement costs) arising under or in connection with:
the Digital Services or third party services/materials linked or referred to in the Digital Services;
errors in the pricing, sales, availability or quality of products, services, marketing, promotions or other content displayed or referred to in the Digital Services; or
errors, omissions, data loss, file corruptions, interception of transmissions, downloads, computer worms, viruses, hacking or damage to your devices caused or contributed to by your use of the Digital Services or reliance on the content of our Digital Services,
except to the extent that such Loss or Claim is caused or contributed to by Vicinity's fraud, gross negligence or wilful misconduct.
In respect of any conditions, warranties and guarantees which cannot be excluded by law, to the extent permitted by law, our liability for a breach of such a condition, guarantee or warranty is limited (at our option) to supplying the services again or payment of the cost of having the services supplied again.
'Claim’ includes any investigation, notice, complaint, demand, claim, action, litigation, proceeding or judgment arising in connection with these Vicinity Digital Terms, whether based in contract, tort, statute or otherwise, and whether or not losses or amounts are liquidated or not, and irrespective of whether any Loss has yet been incurred.
‘Loss’ means any loss, damage, liability or obligation, tax, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether present or future, fixed or unascertained, actual or contingent.