5.1. Subject to clause 6.1, to the maximum extent permitted by law, neither party shall be liable to the other for consequential loss.
5.2. Subject to clause 6.1, where fair and reasonable to do so, and to the extent permitted by law, our liability to you arising out of or in connection with these Terms of Use whether in contract or any other basis in law or equity is limited to $1,000.
5.3. The limitation of liability in clause 5.2 does not apply or limit liability in respect of:
5.3.1. negligence
5.3.2. willful misconduct; or
5.3.3. breach of law by Flybuys.
5.4. Each party’s liability is reduced proportionally to the extent that any act or omission by the other party or their personnel caused or contributed to the act or omission giving rise to the first party’s liability. Each party must use reasonable endeavours to mitigate losses it suffers under or in connection with these Terms of Use.