1.1 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that under the Competition and Consumer Act 2010 (Cth) or any other applicable law cannot be excluded, restricted, or modified.
1.2 Limitation of Liability
To the maximum extent permitted by law:
- (a) Implied Terms: All conditions, warranties, and implied terms (whether statutory or otherwise) that are not expressly set out in these Terms are excluded.
- (b) Remedy for Breach: Our liability for a breach of a non-excludable guarantee or warranty is limited, at our option, to:
- (i) in the case of goods, replacing the goods, repairing the goods, or paying the cost of such replacement or repair; or
- (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied.
- (c) No Consequential Loss: We are not liable for any indirect, special, or consequential loss or damage, including but not limited to loss of data, loss of profit, loss of revenue, or business interruption, however caused (including by negligence).
- (d) Liability Cap: Our total aggregate liability to you for any claim arising out of or in connection with these Terms or the App (whether in contract, tort including negligence, or otherwise) is limited to the amount paid by you to use the App in the 12 months preceding the claim, or AUD $100, whichever is greater.
1.3 Indemnity
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with your breach of these Terms or your use of the App.