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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Could you explain a little more please?
Well basically, there's an exclusion clause with someone i use a service with
Where they say in an event of a technological failure in their end, they are omitted of responsibility
Are you the consumer?
Where, they also do no gaurantee the mechanism, fitness, etc of the product
and in any circumstance they are not liable for compensation
yes i am the consumer
The Unfair Terms in Consumer Contracts Regulations 1999 states:
5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.
To see a list of terms which may well be unfair see:
Can I clarify anything for you about this today please?
indeterminate duration without reasonable notice except where there are serious grounds for doing so;
if the contract says we can cancel at ANYTIME
would that be unfair?
What shall be considered as a reasonable notice?
28 days generally
Ok, so if something is said that they have the right and the discretion to cancel at anytime
Makes no difference the above regulations apply
Does that help?
if the seller
limits their legal liability
in something which they must exercise reasonable skill and duty of care in
is that unfair?
Yes - but they can limit it to the cost of what you paid. Further they can not exclude negligence for personal injury