Limitation of liability and disclaimer of indirect and consequential loss
SpeedInvoice is provided by SpeedSolutions Pty Ltd "as is" and "with all faults". SpeedSolutions Pty Ltd makes no representations or warranties of any kind concerning the safety, suitability, lack of viruses, inaccuracies, typographical errors, or other harmful components of SpeedInvoice. There are inherent dangers in the use of any software, and you are solely responsible for determining whether SpeedInvoice is compatible with your equipment and other software installed on your equipment. You are also solely responsible for the protection of your equipment and to print and save any material that you are obliged by law or otherwise to have a record off. SpeedSolutions Pty Ltd will not be liable, to the extent permitted by law, for any damages or loss suffered by the user or anyone else in connection with using, modifying, or distributing this product.
The warranties contained in this Agreement are exclusive and no other representations, warranties and conditions of any kind, whether statutory, express or implied (including any warranties and conditions of merchantability and fitness for a particular purpose or arising from a course of dealing or usage or trade) shall apply save that it does not exclude any conditions or warranties implied into this Agreement by the Competition and Consumer Act 2010 (Cth) or state equivalent or by any other federal or state laws to the extent that such conditions or warranties may not be excluded by express agreement.
Limitation of liability and disclaimer in relation to indirect and consequential loss
Notwithstanding any other provision of this Agreement and except to the extent that liability cannot legally be limited or excluded:
a) Speedsolution’s total liability arising out of or in connection with this Agreement shall not exceed the amount paid per event and in total aggregate per year in relation to provided services; and
b) Speedsolution shall not be liable for economic loss; loss of contract; loss of profit or revenue; business interruption; loss of production; production stoppage; loss of data or information; or indirect or consequential loss or damage.
This limitation and exclusion of liability applies whether the liability claim is based on breach of contract, tort (including negligence), under a warranty or an indemnity, under statute, in equity or otherwise.
Speedsolutions holds its rights and benefits (including any limitation or exclusion of liability) under the Agreement in its own capacity and as agent of and trustee for itself and any Related Body Corporate, subcontractors, consultants, employees, directors, officers, agents and suppliers (“Associates”) respectively. Each of the entities comprising the Associates must be treated to this extent as a party to the Agreement and may plead the Agreement as a bar to any claims by the other party arising out of or in connection with the matters dealt with and resolved in this Agreement.
Copyright 2015, SpeedSolutions Pty Ltd