Subject to paragraph 2 below, the service provided by HortPlus will be given with all care, but as far as New Zealand law permits, without any responsibility or liability, HortPlus, MetService, suppliers of the other information, dealers, agents, and re-sellers assume no liability (whether for negligence or otherwise), for any:

1. advice or assistance given or the results obtained there from, such advice and assistance being given and accepted at the customer's risk
2. defect in or deterioration or failure or failure of delivery of the products
3. loss of any kind whatsoever to the customer arising out of the supply or failure to supply the products including but not limited to the loss of profits and consequent loss

If for any reason HortPlus, MetService, supplier(s) of other information, dealer(s), agent(s), re-seller(s) is/are liable to the customer, notwithstanding the exclusion of liability in paragraph 1, in no case shall the liability exceed the amount of the subscription charges paid by the customer for the services supplied in the 12 month period preceding any claim or notice of damages.