Software and the law
Software and the law

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6.5 Limiting liability

Even though there are doubts about the applicability to software of negligence laws, suppliers do often attempt to limit their liability through clauses in their contracts of supply. These clauses may themselves be unlawful and thus void, but it would be unwise to rely on this when accepting such exclusion clauses. Case Study 6 presents an example of how a company might limit its liability through the use of an exclusion clause.

Case study 6: Example of a liability exclusion clause from a website

Terms, conditions, and notices

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Expedia, Inc. and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose and the inclusion or offering for sale of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Expedia, Inc. or its affiliates. Expedia, Inc. shall use reasonable care and skill in carrying out the services contained in this website.

Expedia, Inc., its affiliates, and/or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and noninfringement.

The carriers, hotels and other suppliers providing travel or other services for Expedia, Inc. are independent contractors and not agents or employees of Expedia, Inc. or its affiliates. Expedia, Inc. and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Expedia, Inc. and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall Expedia, Inc., its affiliates and/or their suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, software, products, and services obtained through this website, or otherwise arising out of the use of this website (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if Expedia, Inc., its affiliates, and/or any of their suppliers have been advised of the possibility of damages. Except in relation to liability for death or personal injury for which no limit applies. Expedia, Inc., its affiliates and/or its respective suppliers shall be liable for direct loss arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.

Important: these terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law (including your statutory rights under any applicable national or local legislation implementing the EC package travel directive (90/314/eec) as amended from time to time). Should you decide to purchase any travel packages on this website, separate holiday terms and conditions will also apply.

Expedia, Inc. (2014)

These types of statement are periodically revised by organisations.

Software and the digital content it stores can cause harm – harm for which anyone in the supply chain could be held liable.

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