Subject to the law
Nothing in these terms and conditions will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.
Risk and indemnification
- With respect to the Products and the use of Our website, you agree that you are liable for and indemnify Us in respect of any:
- damage, loss, cost or expense (whether direct or indirect);
- any breach or alleged breach of any of your representations, warranties or obligations contained in these terms and conditions; and
- other claim brought against Us by a third party,
that We may suffer or incur as a result or in connection with your acts or omissions.
2. To the full extent permitted by law, you agree to release and discharge Us and Our employees, contractors and agents from all liability (of any kind) arising out or relating to your use of the Products and use of Our website.
To the full extent permitted by law, Our liability to you for a breach of any non-excludable warranty, condition or guarantee is limited to the Price paid by you in the one (1) month preceding the relevant claim.
No liability for consequential losses
To the full extent permitted by law, We will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not We had knowledge that such losses might be incurred.