11.1 Whilst we endeavor to offer the Site and App using our reasonable skill and care, to the extent permitted by law, Colossus Fantasy, other associated or related companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be applied/implied by statute, common law or the law of equity; for:
11.1.1 any loss incurred in transmitting information to the Colossus Fantasy Site or App;
11.1.2 any loss whatsoever arising from the use, abuse or misuse of your Account;
11.1.3 any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data;
11.1.4 communications’ lines failure (including any failures that affect the ability for interactive television return-path capabilities), distributed denial of service attacks, viruses or any other adverse technological consequence of your choosing to use our products and services;
11.1.5 the accuracy of any information services provided (including, without limitation, scorers, selections, times, results or general statistics) or any live scores, statistics and intermediate results shown on our Site or App (or on a third party site to which a link is provided on the Site or App);
11.1.6 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or App or in connection with the use, inability to use, or results of the use of the Site or App, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings or anticipated winnings;
(e) loss of data;
(f) loss of goodwill; and
(g) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.1.7 Where the Site or App contains links to third party websites and resources, these links are provided for your information only. Colossus Fantasy has no control over the content of these websites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services.
11.2 Nothing in these Terms of Play affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Your statutory rights remain unaffected and we shall use reasonable care when providing you services pursuant to these Terms of Play.
11.3 Subject to section 11.2 above and other than in relation to the payment of winnings lawfully won, Colossus Fantasy shall have no liability to any Player pursuant to these Terms of Play in excess of:
11.3.1 in the case of any liability which relates to a specific Entry, the amount of the stake placed; and
11.3.2 in the case of any other matter, ten thousand dollars ($10,000).
11.4 Please be aware that if you choose to access the Colossus Fantasy platform via any third party user-interface we cannot provide any assurances that all of the information provided to users of this Site will be available to you.
