TERMS, CONDITIONS & PRIVACY POLICY

TERMS AND CONDITIONS – Lilly’s Little Lunchbox Pty Ltd

Please take a moment to review our below Terms and Conditions:

1. Definitions and Interpretation

1.1 In these Terms and Conditions unless the context requires:

Business Day means a day on which banking institutions generally are open in Brisbane, Queensland but excluding Saturdays, Sundays, and public holidays in Brisbane, Queensland.

Intellectual Property means

(a) all intellectual property and other proprietary rights (including without limitation all copyright and trademark rights) however arising and wherever existing, whether registered or unregistered, relating to the LLL and Site; and

(b) any rights to registration of such rights created in both Australia and elsewhere.

LLL means Lilly's Little Lunchbox Pty Ltd ABN 88 654 449 019 trading as Lilly’s Little Lunchbox

Meals means one of the Lunch Packs provided by LLL.

One-time Purchase means and order consisting of a one-time transaction fee associated with your Product category and as stipulated on the Site. (OTP)

Order means both OTP and Subscription order unless otherwise stated.

OTP means One-time Purchase.

Products mean any Products sold on the Site by LLL, including but not limited to Meals.

Subscription order means the extended subscription selected from the Site.

Subscription Fee means the fee associated with your Product category and as stipulated on the Site.

Service/s means any services provided by LLL, including but not limited to food supply.

Site means the Lilly’s Little Lunchbox website being www.lillyslittlelunchbox.com.

Term means the length of time, measured in months or days, of your Subscription as stipulated on the site.

1.2 References to “we”, “us”, “our” or “Company” are references to Lilly’s Little Lunchbox and its subsidiaries, associates, and officers unless otherwise stated.

2. General

2.1 Lilly’s Little Lunchbox owns and operates the Site.

2.2 The Site is a web application where you can browse, select and make a Subscription or One-time Purchase order for the Meals on the Site from Lilly’s Little Lunchbox. The Intellectual Property of the Site is owned or licensed by us.

2.3 Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of, and access to the Site constitutes your agreement to these Terms and Conditions.

2.4 If whole or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.

3. Images

Please note that while we try to ensure the images of the Products are as accurate as possible, the colours may vary slightly from what they are.

3.1 Site Information and Descriptions

Any information, advice, recommendation, specification, description, drawing, illustration or dimension (Information) provided by LLL in relation to the Site is given in good faith and is believed by LLL to be reliable and appropriate.

4. Prices and other charges

4.1 All references on the Site to $ and dollars are to Australian currency.

4.2 All pricing includes Goods and Services Tax unless otherwise indicated.

4.3 A processing fee may also apply for the Subscriptions or One-time Purchases for the Meals. These fees are in addition to quoted prices on the Site.

4.4 From time to time we will offer rewards for customers referring new customers to LLL. Rewards may include a pack of smoothies or other products and are earned only if an existing/current customer refers a new customer (who has not previously subscribed to the LLL mailing list or placed an order)

4.5 Unless otherwise stated, no coupon codes may be applied to sale items, discounted trials or any other discounted items including subscriptions (coupon codes can only be applied to the standard price for One Time Purchase items). To be clear, customers who use coupons on already discounted/sale items will be charged the amount that was applied by the coupon. Any subscription accounts created during a sale period will be reverted to subscription accounts at the standard retail price after a 2 week period. LLL, at its discretion, may decide to extend or reduce the sale discount on such subscriptions for the duration of the sale period.

4.6 eGift Cards (or Gift cards) can not be applied to sale or discounted items including Trial Packs and Subscription orders. Gift Cards can only be applied to standard meal rates and delivery fees.

4.7 "Abandoned cart" emails are sent to website users who do not complete the transaction process fully. A customer may use a coupon code contained within an abandoned cart email once maximum per any 6 month period.

5. Placing an Order to the Site

5.1 To place an Order to the Site you will need to select and submit your order through the Site in accordance with these Terms and Conditions.

5.2 When you place an Order through the Site, this is an offer by you to make a Subscription order or OTP for the selected Product for the indicated price (including taxes and other changes) at the time the Order is placed.

5.3 To enable us to place the Order, we may require additional details from you or require you to confirm your details.

6. Acceptance or rejection of an Order

6.1 LLL reserves the right to accept, modify or reject your Order for any reason including:

(a) if the Product is not available for sale; or

(b) if there is an error in the price or the Product description posted on the Site or in your OTP or Subscription order; or
(c) if a customer/household is considered by LLL to be exploiting coupon codes created for one use only per customer/household
(d) if a customer/household uses a coupon code on an already discounted trial pack or discounted product.

(e) any other reason.

6.2 Each Order placed with LLL for the Product is considered a separate binding agreement between you and LLL. For each Order we accept, we will supply the Product in accordance with these Terms and Conditions.

6.3 If your Order is rejected then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after the Order is submitted.

6.4 Payment for an Order will be processed at the same time each week where the Order is a Subscription order.

7. Cancelling an Order (by us)

7.1 We may cancel an Order to the Site without any liability to you for that cancellation if:

(a) the requested Product is not available; or

(b) there is an error in the price, or the Product description posted on the Site for example a customer subscribes to a short term discounted sale rate; or

(c) that Order has been placed in breach of these Terms and Conditions.

7.2 An Order will be cancelled if payment is not made in the time period required at our discretion. This will result in no meals being delivered. This includes if a payment for a Subscription order is not made when required at our discretion.

8. Cancelling an Order (by you)

8.1 You may cancel your Order to the Site within 24 hours of placing your order and at your own discretion so long as . Cancelling an order is easy – please email info@lillyslittlelunchbox.com if you would like to do so. Subscription orders are cheaper and therefore have a minimum 2 week, 2 delivery arrangement and can be canceled after this minimum requirement.

We use fresh ingredients and cook our meals to order. Due to this reason to cancel your Order you must notify us within 24 hours of placing the Order. Subject to the non-excludable provisions of the Australian Consumer Law, any cancellation requests made after this time cannot be honoured as your meals will already be prepared/supplies purchased and or admin costs incurred. Therefore, you will be charged the full amount of the Order if cancelled after the 24 hour period from the order being placed.

8.2 Unless otherwise specified, all risk of the Product will pass to you on purchase. From the time the risk passes to you, LLL will not be liable for any destruction or loss of the Product or its associated packaging.

8.3 While we strive to ensure that your order is delivered within the designated timeframe, we cannot guarantee this in every instance. From time to time, unforeseen circumstances may cause your delivery to be delayed or delivered outside of the scheduled timeframe. In such cases, both Lilly's Little Lunchbox and our delivery partners employ best efforts to deliver your order as soon as possible. Please note that delays in delivery do not qualify for a refund.

8.4 If you wish to return a non-perishable product, you may do so at your discretion, provided the product and its packaging are returned in their original condition, including all tags, labels, and accessories.
8.5 Non-perishable returns must be initiated by emailing info@lillyslittlelunchbox.com within 2 days of receiving the product.
8.6 Shipping and Return Costs: All expenses associated with returning the product, including shipping costs, are the responsibility of the customer. Lilly's Little Lunchbox will not cover these costs unless the return is due to an error or fault on our part.
8.7 Upon receiving the returned product in its original condition, we will process your refund or exchange promptly. If the product is returned damaged, incomplete, or not in its original packaging, we reserve the right to decline the refund or apply a partial refund at our discretion.
8.8 The Non-perishable product policy does not apply to perishable items, which are non-returnable due to their nature, except in cases where the item is faulty or not as described, as per the Australian Consumer Law.

9. Your obligations

9.1 You warrant that:

(a) all information provided by you to us is complete, accurate and up to date;

(b) the person Ordering on the Site at the specified billing address is authorised by you to do so;

(c) you will comply with all relevant laws in relation to your use of the Site including placement of any Order with us;

(d) you will ensure that you login details (including password) are kept in a safe and secure manner;

(e) you will notify us if you are or become aware that there has been unauthorised use of your account;

(f) you will advise us of any changes to your information provided to us in the registration process.

9.2 You agree that you will not:

(a) use the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;

(b) use the Site in a way that interferes with other users or customers use of the Site;

(c) make fraudulent purchases, requests or enquiries through the Site;

(d) impersonate another person or use their details without their permission when using the Site;

(e) transmit or post to, from or through the Site any content which infringes a third party's rights, is misleading or deceptive, false or otherwise inaccurate, is unlawful, threatening, obscene, defamatory, indecent, pornographic or which constitutes spam or unsolicited or bulk electronic communications;

(f) hinder or interfere or attempt to hinder or interfere with the operation of the Site;

(g) knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site;

(h) use any spider, robot, site search and retrieval application or other mechanism to retriever or index any portion of the site;

(i) modify any part of the Site; or

(j) attempt any of the above acts or engage another person to do any of the above acts.

(k) if you are unhappy with your delivery, the meals are faulty or there is an issue with the order email detailed photos to info@lillyslittlelunchbox.com

10. External links

10.1 The Site may contain links to third party websites not operated by LLL or related to LLL.

10.2 You acknowledge and agree that:

(a) these links do not indicate (expressly or impliedly), that we endorse the external site or its products or services; and

(b) you access those sites solely at your own risk.

(c) LLL has no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or cause by any linked site.

11. Viruses, faults and defects

11.1 You acknowledge and agree that–

(a) LLL does not claim that any information or files contained on the Site are free from viruses or other defects and faults;

(b) LLL has no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information; and

(c) you are responsible for scanning any information and files contained on the Site for viruses.

11.2 If LLL is found to be liable, this will be limited to the cost of supplying the information again.

12. Advertising Content

12.1 We may display advertising, sponsored or commercial content (collectively Advertising Content) on the Site, and you herby agree that LLL may place such Advertising Content on the Site. The mode, manner and extent of the Advertising Content may change from time to time without specific notice provided to you.

(a) Some Advertising Content displayed on the Site may be based on information collected from tracking technologies. These technologies are used to fine tune the Advertising Content to products and services that better suit your needs.

13. Intellectual Property

13.1 You acknowledge and agree that:

(a) the copyright in the Site including but not limited to the software design, text, graphics, layout and material (the Material) on the Site are owned or licenced by us; and

(b) you must not change, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public the Material without prior written consent.

(c) the Site may contain trade marks which are owned by us or third parties, and that you agree not to use any of the trade marks appearing on the Site without our prior written permission.

13.2 You acknowledge and agree that:

(a) you must not assert any right to or over the Intellectual Property in any manner;

(b) take or appropriate any Intellectual Property as your own;

(c) take any action which would or might invalidate, challenge, oppose or otherwise put into dispute the title or any other legal right to the Intellectual Property;

(d) you must not use any of the Intellectual Property without writing, requesting and being provided written consent by us;

(e) you must not use any of the other Intellectual Property for third parties listed on our Site without obtaining the relevant third-party owner’s written consent; or

(f) cause, permit or assist any other person directly or indirectly to do any of the above acts.

14. Disclaimer

There may be instances where content of the Site contains errors (including typographical), inaccuracies, or omissions that may relate to Product descriptions, pricing and availability. To the full extent permitted by law, LLL reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

15. Complaints

15.1 If you have a complaint, please contact us at info@lillyslittlelunchbox.com.

15.2 We will use our best endeavours to respond to your complaint within seven (7) Business Days.

16. Changes to Terms and Conditions

LLL reserves the right to, at any time:

(a) amend, update, change or remove any part of the Site;

(b) suspend or restrict your access to the Site if you are in material breach of these terms; and

(c) stop or suspend operation of the Site.

17. Privacy

LLL is bound by the Privacy Act 1988 (Cth). See our Privacy Policy for more information on how and why personal information is collected, used, held and disclosed.

18. Warranty and Liability

18.1 You access and use the Site at your own risk. We make no guarantee that the Site will operate continuously or securely, that the Site will operate error free or in a timely manner, that the Service is free of bugs, viruses, interference or harmful applications

18.2 LLL does not warrant that its Product and Services will be suitable for any particular purpose.

18.3 In consideration for being given access to the Site, you release and forever discharge LLL, its employees, servants and agents from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether indirect, direct, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of the LLL, Site, Services, App or any of the links provided on the Site or reliance by you or any person upon information contained or downloaded from this Site.

18.4 All implied warranties are excluded to the full extent permitted by law.

18.5 LLL’s liability and that of its employees, servants or agents for any breach of any warranty or condition implied by law or other, and which cannot be excluded is limited to the extent possible, at LLL’s option to:

(a) the supply of the relevant Products and Services again;

(b) reissue of any Products; or

(c) payment of the cost of having the Products and Services supplied again.

19. Indemnity

19.1 You indemnify us, and our officers, employees, agents, subsidiaries and joint venturers against any claims or demands (including legal fees and costs), which are made against us by any third party which arise out of or are due to your breach of these Terms and Conditions, or which result from your infringement of any applicable law or any applicable rights of a third party while using the Site.

20. Severability

20.1 If any provision of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the enforceability of any other provision of these Terms and Conditions.

21. Governing Law

21.1 These Terms and Conditions will be governed, read and construed in all respects with the laws of the State of Queensland, Australia.

22. Entire Agreement

22.1 These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior understandings, negotiation, agreements, written or oral, express or implied.

22.2 No waiver or breach of any term of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.

23. Changes to the Terms and Conditions

We may amend these Terms and Conditions at any time. We will advise you of any changes to the Terms and Conditions by posting an updated version on our website at: www.lillyslittlelunchbox.com

Privacy Policy – Lilly’s Little Lunchbox

Lilly's Little Lunchbox Pty Ltd ABN 88 654 449 019 trading as Lilly’s Little Lunchbox (LLL) respects your right to privacy and is committed to safeguarding the privacy of users of the LLL website.

This Privacy Policy describes how LLL collects, holds, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles contained in the Act.

1. The kinds of personal information we collect and how we collect it

1.1 We collect and hold personal information you provide to LLL when you purchase our products and use our services. This can include:

(a) your name;

(b) your residential, mailing and email addresses;

(c) details of products and services you have purchased from us or which you have enquired about;

(d) additional information necessary to deliver products and services and to respond to your queries;

(e) any additional information about you that you provide directly through our website or indirectly through the use of our website, social media or through our representatives; and

(f) information you provide us through customer service, customer surveys or visits by our representatives from time to time.

1.2 We also use tracking technologies such as cookies to recognise your browser each time it visits our site and to track which pages you access on our site. This information is used to help optimise our site and fine tune our products and services to better meet your needs. If you do not wish to receive any cookies, you may set your browser to reject them.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize No Limit pages, or register with No Limit site or services, a cookie helps No Limit to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same No Limit website, the information you previously provided can be retrieved, so you can easily use the No Limit features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the No Limit services or websites you visit. This information is used to help optimise our site and fine tune our products and services to better meet your needs. If you do not wish to receive any cookies, you may set your browser to reject them.

1.3 We may collect this information–

(a) through use and access of our website;

(b) during telephone conversations and correspondence between you and our representatives;

(c) when you–

(i) ask for a quote to be prepared;

(ii) make a purchase;

(iii) register your details on our website;

(iv) subscribe to our mailing list;

(v) participate in surveys and other types of research;

(vi) express interest in a particular service;

(vii) enter a promotion or contest hosted by us; and

(viii) provide information on our social media pages such as Facebook, Twitter, LinkedIn, Pinterest and Instagram;

(d) when someone else provides it on your behalf; and

(e) from third parties such as credit reporting agencies, contracted service providers, law enforcement and government agencies.

LLL from time to time will use, collect, hold and disclose your personal information as deidentified data for the purpose of generating statistics, improving our service, in marketing, and for disclosing to third party associates to improve our offering and services.

2. The purposes for which we collect, hold, use and disclose personal information

2.1 LLL uses, collects and holds your information to get a better understanding of your needs and to provide you with better service. LLL also uses, collects, holds and discloses your personal information:

(a) to complete a transaction when delivering our products or services;

(b) to deal with your queries or customer services issues, we may also keep information recorded in your communications with customer service representatives;

(c) responding on social media;

(d) to help keep you up to date with products, services, or promotions we think would be of particular interest to you (you are able to opt out of these at any time);

(e) to help enhance your customer experience and help us complete your transaction faster; and

(f) for marketing, research or planning purposes.

LLL from time to time will use, collect, hold and disclose your personal information as deidentified data for the purpose of generating statistics, improving our service, in marketing, and for disclosing to third party associates to improve health screening and health care planning.

3. Quality of the personal information we collect

3.1 We take all reasonable steps to ensure that the personal information we collect, use or disclose is up to date, complete and accurate.

4. How we hold personal information and security

4.1 We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised access, use and alteration.

4.2 Personal information may be stored both electronically (on our computer system) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords protect all electronic information. Additionally, we take all necessary measures to ensure the security of hard-copy information.

4.3 If we hold personal information which we no longer need for any purpose and provided–

(a) the information is not contained in a Commonwealth record; and

(b) we are not required by or under an Australian law, or a court/tribunal order to retain the information,

we will take all such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

4.4 Where LLL discloses personal information to third parties, your personal information will be used and disclosed in accordance with the third parties' privacy policies.

4.5 LLL may disclose personal information to a recipient located outside Australia. This may include contracted service providers operating overseas. Where personal information is disclosed or stored overseas, LLL will require recipients to protect the information in a manner that is consistent with the security measures set out above.

4.6 If you have any questions about security on our Site, you can email us at info@lillyslittlelunchbox.com.

5. Access to your personal information

5.1 You can request access to your personal information that LLL holds about you. Before giving you access to your records, LLL may require you to provide proof of your identity (including verification of your full name and other aspects of your personal information).

5.2 Upon your request, we will provide you with access to your personal information we hold if it is reasonably practicable to do so, within a reasonable period after your request is made.

5.3 Notwithstanding, we retain the right to deny you access to your personal information to the extent that:

(a) we reasonably believe that giving access would pose a serious threat to the health, safety or life of any individual or the public;

(b) giving access would have an unreasonable impact on the privacy of other individuals or entities;

(c) the request for access is vexatious or frivolous;

(d) the information relates to existing or anticipated legal proceedings between LLL and you, and would not be accessible by the process of discovery in those proceedings;

(e) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;

(f) giving access would be unlawful;

(g) denying access is required or authorised by or under an Australian law or a court or tribunal order;

(h) both of the following apply:

(i) we have reason to suspect unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in; and

(ii) giving access would be likely to prejudice the taking of appropriate action in relation to the matter;

(i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, enforcement body; or

(j) giving access would reveal evaluative information generated within our organisation in connection with a commercially sensitive decision-making process.

5.4 If LLL refuses to give you access to your personal information, it will notify you in writing and will provide reasons.

6. Corrections of your personal information

6.1 You can request that LLL corrects personal information it holds. We will make corrections to your personal information we collect about you, if:

(a) we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or

(b) you request us to correct the information.

6.2 Within a reasonable period of time following the circumstances set out in paragraphs 6.1(a) and 6.1(b) above, we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose which it is held, the information is accurate, up to date, complete, relevant and not misleading.

6.3 If LLL refuses to correct your personal information, we will notify you in writing and provide you with reasons.

7. Links

7.1 This website may contain links to other websites. LLL is not responsible for the privacy practices of third-party website. We encourage users of the LLL website to read the privacy statements of each third-party website that you may visit as a result of a link.

8. Changes to our Privacy Policy

8.1 From time to time, we may revise our Privacy Policy. Any changes will be in accordance with the Act. We may notify you about changes to the Privacy Policy by posting an updated version on our website www.lillyslittlelunchbox.com. LLL encourages you to periodically review this Statement to be informed of how LLL is protecting your information

9. How to make a complaint

9.1 If you wish to make a complaint to LLL about how we have handled your personal information, you should send a written complaint to LLL at info@lillyslittlelunchbox.com.

9.2 LLL will endeavour to respond within 30 days of receiving the complaint.

9.3 If the complaint remains unresolved, you have the option of notifying the Office of the Australian Information Commissioner (OAIC). Contact details can be found at OAIC’s website: www.oaic.gov.au

10. Contact Details

10.1 For general enquiries:

Phone: 0402 089 484

Address: Lilly's Little Lunchbox, 70 Newmarket Street, Hendra QLD 4011

11. For requests to access or to correct personal information:

Attention: Cara Aprile

Email: info@lillyslittlelunchbox.com

COPYRIGHT STATEMENT – Lilly’s Little Lunchbox

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, nor any of the content related to or used in connection with the Project that is subject to copyright, without the permission of the copyright owner. All rights in copyright owned by the website owner are reserved.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.

We may change these terms of use from time to time. Check before re-using any content from this website.

WEBSITE AND LEGAL DISCLAIMER – Lilly’s Little Lunchbox

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website (lillyslittlelunchbox.com) is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
It is the responsibility of the customer to check the ingredients list prior to purchase and service of the Product to either themselves or anyone else, including children. Lilly's Little Lunchbox Pty Ltd ABN 88 654 449 019 trading as Lilly's Little Lunchbox will not be held liable for any damages whatsoever, including but not limited to in the unlikely event of allergic reaction or food poisoning, on the basis that the Product was purchased or used without reference to the ingredient list or for any other reason whatsoever including possible misuse, negligence or recklessness in the use of the Product.
This does not affect Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.