Terms & Conditions
Last modified: July 24 2023
Here are our Terms & Conditions. Please contact us if you have any questions.
The terms & conditions outline Fuelics’ and Your obligations and responsibilities on the Fuelics website.
User Agreement For: www.fuelics.com.au
Fuelics operates as an online website allowing Users to connect through the Fuelics website with other Users, to buy and sell Goods and post Jobs.
Please read these Terms and all Policies including the Privacy Policy carefully before using our site. These Policies are incorporated into this Agreement by reference.
All defined terms in this Agreement have the meaning given to them in the Fuelics Glossary.
- SCOPE OF FUELICS SERVICES
- 1.1 Fuelics provides the website for users and businesses to create an automotive marketplace.
- 1.2 Buyers may message users in regards to their posted ads, these details are only visible to the Seller, You and Fuelics. If need be, Fuelics is allowed to show third parties if there are concerns.
- 1.3 A Seller may revoke or modify a Posted Ad at any time before they accept an Offer. Fuelics reserves the right to cancel all Offers on a Posted Ad made prior to the modification.
- 1.4 If a Seller accepts an Offer on the Fuelics website, a Sale Contract is created between the Buyer and the Seller.
- 1.5 Upon completion of the Sale Contract, the Buyer must pay the Agreed Price into the Sellers nominated account.
- 1.6 Once the Sale Contract is created, the Buyer and Seller may vary the Sale Contract on the Fuelics website. The Seller and Buyer must use Fuelics’ private messaging system to amend or vary the Sale Contract (including the Agreed Price) or to otherwise communicate.
- 1.7 Once the Sale Contract is complete, the Buyer must provide notice of that via the messaging system on the Fuelics website.
- 1.8 Once the Sale Contract is complete, the Seller must provide notice of that via the messaging system on the Fuelics website.
- 1.9 Once the Seller confirms the money has reached their allocated account, they must mark the Ad as sold or delete the Ad. (If selling multiples of the Good, the stock amount must be modified)
- 1.10 Users are encouraged to rate each other, as this is a helpful indicator for users when they make a decision to buy goods and/or services from others.
- FUELICS’ ROLE AND OBLIGATIONS
- 2.1 Fuelics provides the website only, enabling Users to publish and make Offers on Posted Ads or publish Offers for Goods or Services.
- 2.2 Fuelics only permits individuals over 18 years of age to become Users.
- 2.3 Users must be natural persons.
- 2.4 At its absolute discretion, Fuelics may refuse to allow any user to register or create an account with Fuelics and can cancel, suspend or modify any existing account if Fuelics deems the user to be breaching our conditions or policies or by tarnishing the Fuelics website.
- 2.5 Registering and creating an account with Fuelics is free, however there are fees to post Ads on the Fuelics website.
- 2.6 Fuelics accepts no liability for any aspect of the Seller and Buyer interaction, including but not limited to the identity of users, description, performance or delivery of goods and services.
- 2.7 Fuelics has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by users, including but not limited to: the ability of buyers to pay for goods or perform services, or the honesty or accuracy of any information provided by sellers, or the sellers’ ability to deliver the goods purchased or the services they have provided.
- 2.8 Except for liability in relation to any non-excludable Condition, the Fuelics website is provided on a “as you need” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- 2.9 Fuelics has no obligation to any user to assist or involve itself in any dispute between users, although may do so to improve user experience.
- 2.10 You understand and agree that Fuelics does not undertake any investigation in relation to any Buyer or Third Party Service Provider before they are admitted to the website, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a buyer or third party service provider to perform any task which they may claim to be able to provide on the website.
- 2.11 You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a buyer to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a buyer.
- 2.12 You agree to assume all risks and you agree to expressly release, indemnify and hold Fuelics harmless from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the goods or services.
- USER OBLIGATIONS
- 3.1 You will at all times:
- (a) comply with this agreement (including all policies) and all applicable laws and regulations;
- (b) only post accurate information on the Fuelics website;
- (c) ensure that You are aware of any laws that apply to You as a Seller or Buyer, or in relation to using the Fuelics website.
- 3.2 You agree that any content (whether provided by Fuelics, a User or a Third Party) on the Fuelics website may not be used on third party sites or for other business purposes without Fuelics’ prior permission.
- 3.3 You must not use the Fuelics website for any illegal or immoral purpose.
- 3.4 You must maintain control of Your Fuelics account at all times. This includes not allowing others to use your account, or by transferring or selling Your account or any of its content to another person.
- 3.5 You grant Fuelics an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Fuelics website for the purpose of publishing material on the Fuelics website and as otherwise may be required to provide the Fuelics Service, for the general promotion of the Fuelics Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the Fuelics website must not, in any way whatsoever, be potentially or actually be harmful to Fuelics or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Fuelics.
- 3.7 Without limiting any provision of this Agreement, any information You supply to Fuelics or publish in an Offer or a Posted Ad (including as part of an Offer) must be up to date and kept up to date and must not:
- (a) be false, inaccurate or misleading or deceptive;
- (b) be fraudulent or involve the sale of counterfeit or stolen items;
- (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
- (e) be defamatory, libellous, threatening or harassing;
- (f) be obscene or contain any material that, in Fuelics’ sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
- (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Fuelics website, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
- 3.8 The Fuelics website may display the general location of Sellers to persons browsing the Fuelics website. A User should never disclose personal details such as the Seller’s full name, street number, phone number or email address in a Posted Ad or in any other public communication on the Fuelics website.
- 3.9 If You are a Buyer, You must have the right to buy Goods or provide Services under a Sale Contract. You must comply with tax and regulatory obligations in relation to any payment (including Buyer Funds) received under a Sale Contract.
- 3.10 You must not, when supplying Services, charge a Seller any fees on top of the Agreed Price. However, the parties to a Sale Contract may agree to amend the Agreed Price through the Fuelics website via its messaging system.
- 3.11 You must not request payments outside of the Fuelics website from the Seller for the Services except to the extent permitted by clause 3.12 and only if the Fuelics website does not facilitate the reimbursement of its costs considered in clause 3.12.
- 3.12 If a Buyer agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Buyer is solely responsible for obtaining any reimbursement from the Seller. Fuelics advises Buyers not to agree to incur costs in advance of receiving the payment for these costs, unless the Buyer is confident the Seller will reimburse the costs promptly.
- 3.13 For the proper operation of the Fuelics website (including insurance, proper pricing and compliance with Policies), the Buyer must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Sale Contract, then that third party must also be a registered User of the Fuelics website.
- 3.14 If Fuelics determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Sale Contracts, it reserves the rights to remove any content, Posted Ads or Offers You have submitted to the Fuelics website or cancel or suspend Your account and/or any Sale Contracts.
- FEES
- 4.1 Upon the creation of a Sale Contract, the Buyer and Seller each owes Fuelics the respective portion of the Service Fee (if any). The Service Fee (if any) will automatically be deducted from the Agreed Price.
- 4.2 If the Posted Ad requires a Buyer to incur costs in completing the Services, the cost incurred will not be included in any calculation of any Service Fees (if applicable).
- 4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
- 4.4 All Fees and charges payable to Fuelics are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
- 4.5 If Fuelics introduces a new service on the Fuelics website, the Service Fees applying to that service will be payable as from the launch of the service.
- 4.6 Fuelics may set-off any Service Fees against any Buyer Funds or other amounts held by Fuelics on behalf of a User.
- 4.7 Fuelics may restrict a User’s account until all Service Fees have been paid.
- PAYMENTS AND REFUNDS
- 5.1 If the Sale Contract is cancelled for any reason (by a Seller, a Buyer or under this Agreement) prior to the commencement of the Sale Contract, then if Fuelics is reasonably satisfied that the Agreed Price should be returned to the Seller then Fuelics will advise the parties.
- 5.2 Fuelics may decide in its absolute discretion to recommend the refund of the Agreed Price back onto the Seller’s credit card or preferred payment method/account.
- 5.3 Cancellation of a Sale Contract will be attributable to the Buyer where:
- (a) the Seller and the Buyer mutually agree to cancel the Sale Contract; or
- (b) following reasonable but unsuccessful attempts by a Seller to contact a Buyer to perform the Sale Contract, the Sale Contract is cancelled by the Seller; or
- (c) the Buyer cancels the Sale Contract; or
- (d) a Sale Contract is cancelled in accordance with clause 3.14 as a result of the Buyer’s actions or breach.
- 5.4 A Cancellation of a Sale Contract will be attributable to a Seller where:
- (a) the Seller cancels the Sale Contract (other than in accordance with clause 5.4(b); or
- (b) a Sale Contract is cancelled in accordance with clause 3.14 as a result of the Seller’s actions or breach.
- 5.5 If the parties agree to any additional cancellation fee payable under the Sale Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- 5.6 If, for any reason, the Buyer Funds cannot be transferred or otherwise made to the Buyer or returned to the Seller (as the case may be) or no claim is otherwise made for the Buyer Funds, the Buyer Funds will remain available for transfer up to three months from the date the Seller initially paid the Agreed Price.
- 5.7 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Buyer Funds, Fuelics will refer the matter to the relevant Third Party Payment provider.
- 5.8 If the Sale Contract is cancelled and a User who is party to the Sale Contract can show that work under a Sale Contract was commenced, then the amount of the Agreed Price to be returned to the Seller will be conditional upon the mediation and dispute process in clause 15.
- BUSINESS PARTNERS
- 6.1 Fuelics may enter into agreements with Business Partners and may seek to engage Buyers in the provision of Business Services. Buyers who agree to perform Business Services for Business Partners acknowledge and agree that Fuelics and the Business Partner may on-sell Services supplied to third parties for an increased fee.
- 6.2 Business Partners may require Buyers providing Business Services to be approved or hold particular qualifications. Fuelics may assist Business Partners to locate suitably qualified Buyers. Fuelics makes no warranty that it will promote any or all suitably qualified Buyers to Business Partners.
- 6.3 Business Partners may require Buyers to enter into a Business Partner Contract before providing Business Services.
- 6.4 Where a Buyer accepts a Posted Ad with a Business Partner:
- (a) the Buyer must provide Business Services to the Business Partner in accordance with the Sale Contract and any applicable Business Partner Contract; and
- (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
- PAYMENT FACILITY
- 7.1 Fuelics offers Payment Providers to pay and deduct money from a user’s payment account.
- 7.2 The terms & conditions of the applicable Payment Provider are incorporated into this agreement and will prevail.
- THIRD PARTY SERVICES
- 8.1 Fuelics may from time to time include Third Party Services on the Fuelics website. These Third Party Services are not provided by Fuelics.
- 8.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Fuelics website as a convenience to our Users who may find the Third Party Services of interest or of use.
- 8.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- 8.4 Fuelics makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Fuelics website, Users may inform Fuelics of their Third Party Service experience using the Contact Form.
- 9.1 You can make a complaint about anything that conflicts with our policies; via the Fuelics website using the Contact Form.
- 9.2 Fuelics is entitled to suspend or terminate Your account at any time if Fuelics, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic or unnecessary for other Fuelics Users.
- 10.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their Privacy Policy.
- 10.2 Fuelics will endeavour to permit you to transact anonymously on the Fuelics website. However in order to ensure Fuelics can reduce the incidence of fraud and other behaviour, Fuelics reserves the right to ask Users to verify themselves in order to remain a User.
- 11.1 Fuelics may modify this Agreement or the Policies (and update the Fuelics pages on which they are displayed) from time to time. Fuelics will send notification of such modifications to Your Fuelics account or email or advise You the next time You login.
- 11.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Fuelics website in any manner, including engaging in any acts in connection with a Sale Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- 11.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Fuelics who will terminate Your Fuelics account, and stop using the Fuelics website.
- 12.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Fuelics, its related entities or affiliates in any way whatsoever. Fuelics confirms that all Third Party Services that may be promoted on the Fuelics website are provided solely by such Third Party Service providers. To the extent permitted by law, Fuelics specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
- 13.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Fuelics’ contact address as displayed on the Fuelics website, or to Fuelics Users’ contact address as provided at registration. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- 13.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
- 14.1 Fuelics encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Fuelics may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- 14.2 If a dispute arises with another User, You must cooperate with the other User and make a genuine attempt to resolve the dispute.
- 14.3 Fuelics may elect to assist Users to resolve disputes. Any User may refer a dispute to Fuelics. You must cooperate with any investigation undertaken by Fuelics. Fuelics reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Fuelics’ determination can apply or else as determined in an applicable court or tribunal.
- 14.4 Fuelics may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- 14.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- 14.6 If You have a complaint about the Fuelics Service please contact us in the Contact Form via the Fuelics website.
- 14.7 If Fuelics provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Fuelics for any costs, losses or liabilities incurred by Fuelics in relation to any claims relating to any other use of information not permitted by this Agreement.
- 15.1 Either You or Fuelics may terminate your account and this Agreement at any time for any reason.
- 15.2 Termination of this Agreement does not affect any Sale Contract that has been formed between Fuelics Users.
- 15.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
- 15.4 Sections: 4 (Fees), 5 (Limitation of Liability) and 14 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- 15.5 If Your account or this Agreement are terminated for any reason then You may not without Fuelics’ consent (in its absolute discretion) create any further accounts with Fuelics and we may terminate any other accounts You operate.
- 16.1 This Agreement is governed by the laws of Australia.
- 16.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- 16.3 This Agreement may be assigned or novated by Fuelics to a third party without your consent. In the event of an assignment or novation, the User will remain bound by this Agreement.
- 16.4 This Agreement sets out the entire understanding and agreement between the User and Fuelics with respect to its subject matter.
APPENDIX A:
MODEL SALE CONTRACT The terms used in this Sale Contract have the meaning set out in the Fuelics Glossary. A Sale Contract is created in accordance with the Fuelics Agreement. Unless otherwise agreed, the Seller and the Buyer enter into a Sale Contract on the following terms:- 1 COMMENCEMENT DATE AND TERM
- 1.1 The Sale Contract is created when the Seller accepts the Buyer’s Offer on a Posted Ad to buy Goods or provide Services.
- 1.2 The Sale Contract will continue until terminated in accordance with clause 7.
- 2 GOODS AND SERVICES
- 2.1 The Buyer will offer to buy the Goods/perform Services in a proper and workmanlike manner.
- 2.2 The Buyer must perform the Services at the time and location agreed.
- 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Sale Contract.
- 2.4 The parties acknowledge that a Sale Contract in relation to Services is one of personal service, where the Seller selected the Buyer to perform the Services. Therefore the Buyer must not subcontract any part of the Services to any third party without the Seller’s consent.
- 2.5 The Buyer remains responsible and liable at all times to the Seller for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Buyer.
- 3 WARRANTIES
- 3.1 Each party warrants that the information provided in the creation of the Sale Contract is true and accurate.
- 3.2 The Buyer warrants that they have (and any subcontractor has) the right to purchase the Goods or provides the Services (as the case may be) and hold all relevant licences in the jurisdiction where any Goods are sold/Services are performed (as the case may be).
- 4 PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Sale Contract, the Seller must pay the Agreed Price to the Buyer.
- 4.2 Upon the Goods being purchased/Services being completed (as the case may be), the Buyer will provide notice through the messaging system on the Fuelics website.
- 4.3 The Seller will confirm the Sale Contract is complete in the messaging system on the Fuelics website. If the Buyer has completed the Sales Contract in accordance with clause 2, the Seller must pay the Buyer and confirm payment in the messaging system on the Fuelics website.
- 5 LIMITATION OF LIABILITY
- 5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Sale Contract and any claims by any third person, or the Sale Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
- 6 DISPUTES
- 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (through the messaging system provided by Fuelics as it can be tracked).
- 6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Fuelics and act in accordance with clause 14 of the Fuelics Agreement.
- 7 TERMINATION OF CONTRACT
- (a) the Goods are purchased or Services are completed (as the case may be) and the Agreed Price is paid.
- (b) a party is terminated or suspended from the Fuelics website, at the election of the other party;
- (c) otherwise agreed by the parties or the Third Party Dispute Service; or
- (d) notified by Fuelics in accordance with the party’s Fuelics Agreement.
- 8 APPLICATION OF POLICIES
- 9 GOVERNING LAW
APPENDIX B:
COUNTRY SPECIFIC TERMS- Australian Terms
- a) a reference to “A$”, “$A”, “dollar”, “bucks” or “$” is to Australian currency;
- b) “Fuelics” is a registered trademark and service provided by FUELICS PTY LTD (ACN 669 445 407).
- c) “ACL” means the Australian Consumer Law;
- d) “Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL;
- e) “Personal Information” has the same meaning given to it in the Privacy Act 1988 (Cth);
- f) This Agreement is governed by the laws of New South Wales, Australia. You and Fuelics submit to the exclusive jurisdiction of the courts of New South Wales, Australia; and
- g) The following is added as clause 3 in the Model Contract of Appendix A “3.3 The parties incorporate the Consumer Guarantees into the Sale Contract, even if they are not already incorporated by law.”;
- h) The exclusions and limitations of liability shall be as follows:
- (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Fuelics specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Sellers and Buyers.
- (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Fuelics specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Fuelics website.
- (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Fuelics is not liable for any Consequential Loss arising out of or in any way connected with the Fuelics Services.
- (4) Except for liability in relation to a breach of any Non-excludable Condition, Fuelics’ liability to any User of the Fuelics Service is limited to the total amount of payment made by that User to Fuelics during the twelve month period prior to any incident causing liability of Fuelics, or AUD$50.00, whichever is greater.
- (5) Fuelics’ liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- i) If a Sale Contract is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the Seller or the Buyer, a credit will be applied to the Seller’s account for the Agreed Price as a Stored Value, which may be used for another Task. To the extent the credit has not been used after 18 months, it will be cancelled and retained by Fuelics.
- (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- (b) which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment,
