Respected Advocates, we need some clarification for understanding meaning of some lines Actually, We are filling a case against Google for our losses occurred due to misguidance and subpar customer service, as we promoting our website on their platform. Their terms section under liability they mentioned-" Liabilities 1. For all users Both the law and these terms try to strike a balance as to what you or Google can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms. These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct. Other than the liabilities described above, Google is liable only for its breaches of these terms or applicable service-specific additional terms, subject to applicable law. 2. For business users and organizations only If you’re a business user or organization: a)To the extent allowed by applicable law, you’ll indemnify Google and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. b) If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities. c) Google won’t be responsible for the following liabilities(definition of liabilities mentioned below): --- > loss of profits, revenues, business opportunities, goodwill, or anticipated savings --- > indirect or consequential loss Definition of Liabilities -: Losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen. d) Google’s total liability arising out of or relating to these terms is limited to the greater of (1) US$500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach Our question Please help us to know exact meaning of above lines or can we file case against google for our Loses? in our opinion Google is asserting that they are not accountable for losses resulting from legal claims. However, our losses have occurred due to the misguidance and lack of knowledge of Google's executives not from any legal claims from any third party
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The terms clearly say that the google will not be responsible for the losses or the liabilities which have been mentioned therein, hence you must ascertain what type of claim that you would be making and whether they are covered under the said terms and conditions or not.
The lack of knowledge of google's executives cannot be a reason for making a claim against the google, you should have got the contents of the terms and conditions understood before accepting them
Respected Sir, Its not only about customer services only other things also. Sir, if we face losses due to Google can we file against them for losses As they mentioned that they are not liable for losses occur due to Legal Claim only. We request you to please read all lines again and help us to know what is the meaning of below line in mentioned context. Google won’t be responsible for the Losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen. Thank you so much in advance, sir this about livelihood of 30+ people
If you have concrete evidences to prove that you suffered loss due to google's deficiency in service, you can sue them for recovering your loss.
The condition what you have mentioned seems to be one sided agreement, which will not stand its ground if challenged in the consumer court.
It’s important to read the entiret contract to advice on the same
As per above terms google is not responsible for any losses ,damages suffered by any third party
2) they would be liable for wilful misconduct ,fraud etc
3) you can sue google for any losses suffered by you
4) google has limited liability to extent of 125 per cent of fees paid by you for period of 12 months
Google cannot wash his hands and say we won’t be liable for any losses suffered
if there is breach of contract you can sue google for losses suffered by you
This clause means that if you suffer losses from third party claims against you, due to the non performance on part of the google even if google had anticipated that third party may initiate legal proceedings against you, then google would not liable to compensate you for the losses incurred by you.
On the contrary as per the prevalent law s, if you suffers loses due to the negligence on part of google from third party claims against you, You can recover the damages suffered by you due to negligence on part of google as these type of clause are not enforceable in the court of law.
I have dealt many cases of such standards contracts and settled the said cases in favour of my clients, where there are such arbitrary clauses mentioned in the contracts, These clauses will not affect the merits of your case and also as you have mentioned that you have suffered damages due to negligence and incapacity of google executives, You can sue Google for the damages caused due to its negligence and these clause will not stand in your way,
Dear client, Google's terms seem to state that they limit their liability for certain types of losses, but it's essential to consult with a legal professional to fully understand your specific situation. In this context, Google may not be responsible for losses resulting from legal claims brought by third parties.
