10. Limitation of Liability and Indemnities

i. Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by DP World Southampton to the fullest extent permitted by law and DP World Southampton shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.

ii. DP World Southampton represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.

iii. DP World Southampton' maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to DP World Southampton for the services which are the subject of the order confirmation in question.

iv. Without prejudice to the generality of the foregoing, DP World Southampton shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss  of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to: (a) loss of use; (b) loss of goodwill; (c) loss and/or corruption of data; (d) loss of information; (e) loss of business; (f) loss of goods; (g) loss of anticipated savings; (h) loss of revenue; (i) downtime; (j) any damage relating to the procurement by the Customer of any substitute services.

v. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 12.5 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.

vi. For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way DP World Southampton' liability for (a) death or personal injury resulting from the negligence of DP World Southampton, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to DP World Southampton staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.

vii. DP World Southampton accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any DP World Southampton services: this includes failure to meet its operating specification.

viii. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of DP World Southampton or the copyright owner.

ix. All Intellectual Property Rights for any product or service remain the property of DP World Southampton unless otherwise stated or agreed.