Liability & advice
General Disclaimer and Limitation of Liability
The general limits on what we promise, and how the law of your country can change them.
Information is general
Information on this website, in the user guide and in our messages is general. It is not advice about your circumstances. We try to keep it accurate and current, but do not promise that it is complete, correct or up to date.
Descriptions of planned features, and anything we say about the future, are intentions, not commitments. Example data in screenshots, guides and sample documents is fictitious.
No warranties
To the extent the law allows, the website and RPM are provided "as is" and "as available", and we exclude all warranties, conditions and terms not expressly stated in the Terms and Conditions — including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.
Limitation of liability
To the extent the law allows, RPMCODE is not liable for indirect or consequential loss, loss of profits, revenue, data or goodwill, or business interruption, and our total liability is capped as section 14 of the Terms and Conditions sets out.
How your country’s law affects this
Some laws do not allow certain exclusions or limits. Where such a law applies, our exclusions and limits apply only as far as it allows:
- Australia. The Australian Consumer Law gives guarantees that cannot be excluded. For services not ordinarily acquired for personal, domestic or household use, our liability for failing to meet a guarantee is limited to supplying the services again or paying the cost of having them supplied again.
- New Zealand. If you acquire RPM for the purposes of a business, the Consumer Guarantees Act 1993 does not apply, and you agree it is fair and reasonable that it does not.
- South Africa. Nothing here limits liability for gross negligence, or excludes rights under the Consumer Protection Act 68 of 2008 where it applies. The clauses limiting your rights are summarised, in plain language, at the top of the Overview so they are drawn to your attention before you agree.
- United Kingdom and the European Union. Nothing here limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law. If you are a consumer, your statutory rights are not affected.
- Germany and Austria. We are liable without limit for intent and gross negligence. For slight negligence we are liable only for breach of an essential contractual obligation (one whose performance makes the contract possible and on which you may rely), limited to the damage typically foreseeable when the contract was made.
- United States. Some states do not allow the exclusion of implied warranties or of incidental or consequential damages, so some of the above may not apply to you. In those states our liability is limited to the fullest extent the law permits.
