Warranties and liability
You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability in paragraphs below, apply subject to any rights you may have under such laws.
Your access to and use of the website is at your sole risk and the website is provided "as is" and "as available". In particular, we do not represent or warrant to you that:
Without limiting the foregoing, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness or non-infringement of third party rights.
If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach is limited to one or more of the following at our option:
Subject to our obligations under the non-excludable terms, our maximum aggregate liability for all claims arising under or in relation to these terms or otherwise as a result of your access to and use of the website is limited to $100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Subject to our obligations under the non-excludable terms, in no event are we liable under or in relation to these terms or otherwise as a result of your access to and use of the website for any indirect, special, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain.
You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any other sites linked to the Website. The inclusion of any link does not imply that we endorse the linked site.
If any part of these terms is:
And the remainder will remain in full force and effect. These terms are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.
Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The word "including" when used in these terms is not a term of limitation.