19. Liability
19.1 Nothing in this Framework Agreement shall limit GS1 UK’s liability for:
19.1.1 death or personal injury caused by its negligence; or
19.1.2 fraud; or
19.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
19.1.4 any other liability which cannot be excluded or limited under English law.
19.2 Subject to clause 19.1, GS1 UK shall have no liability in contract, tort, negligence, breach of statutory duty or otherwise for any loss of profit, loss of sales, loss of business opportunity, loss of goodwill or reputation, third party claims, pure economic loss or for any indirect or consequential loss or damage.
19.3 The Member acknowledges and accepts that GS1 UK will have no liability whatsoever to the Member or any third party in connection with the Member’s, a User’s or the Admin User’s use of the Member Account in relation to the Member Account Services, except to the extent that any loss or damage suffered by the Member is caused by GS1 UK’s negligence or breach of this Framework Agreement.
19.4 Subject to clause 19.1 and 19.2, GS1 UK’s aggregate liability in contract, tort, negligence, breach of statutory duty, under any indemnity or otherwise in relation to the Membership Services shall be limited to the Membership Fees paid in the calendar year for which the claim arose.
19.5 Subject to clause 19.1 and 19.2, GS1 UK’s aggregate liability in contract, tort, negligence, breach of statutory duty, under any indemnity or otherwise in relation to any Additional Services shall be limited to the total the level of liability set out in the Service Contract from which the liability arose.
19.6 The Member acknowledges and accepts that:
19.6.1 it is liable for the Member Data it uploads to its Member Account. GS1 UK will have no liability whatsoever in relation to Member Data which is uploaded to the Member Account;
19.6.2 it is the responsibility of the Member, User and/or Admin User to ensure that a copy of Member Data is retained; and
19.6.3 commentary, data and information provided by third parties on the Member Account is not intended to amount to advice and GS1 UK accepts no responsibility for the accuracy of such information and shall not have any liability to the Member or a third party where they rely on such information.
19.7 GS1 UK does not make any representations or guarantees that the barcodes created through the Barcode Image Generator Service will be capable of being scanned and the Member accepts full responsibility for checking that all such barcodes can be correctly scanned.
20. Indemnity
20.1 The Member will indemnify GS1 UK and all members of GS1 UK’s Group against all claims, actions, proceedings, losses, damages, expenses and costs (including legal fees) arising in connection with the Member’s use of the Member Account and/or the use or processing of the Member Data and/or the use by any third party of the Member Data and/or the presence of the Member Data on GS1 UK’s systems (which will include systems operated by third party contractors on behalf of GS1 UK).
20.2 The Member agrees to indemnify GS1 UK in full and hold GS1 UK harmless against any third party claims, proceedings, suits, losses, damages, judgments, awards, expenses or costs (including legal costs) suffered or incurred by GS1 UK as a result of the negligence, fault, error, omission, act or breach or alleged breach of or by the Member, its employees, staff, contractors, agents or representatives, relating to this Framework Agreement or a Service Contract, including without limitation the warranties given in clause 11.
20.3 The Member agrees that the indemnities given in this clause 20 shall include all losses including loss of profit, loss of sales, loss of business opportunity, loss of goodwill or reputation, third party claims, pure economic loss or for any indirect or consequential loss or damage.