Disclaimers and Liability
Revised: 24 December 2015
1.1 The Competition and Consumer Act 2010 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms of Service, the disclaimers and limitations specified in these Terms of Service only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
1.2 The Digital Applications is provided for informational purposes only and is not intended as professional advice, or as a substitute for the professional advice. You should not act on the basis of anything contained on the Digital Applications without first obtaining any necessary or prudent professional advice.
1.3 All care and diligence is taken to ensure the accuracy and currency of information. However, your use of the Digital Applications is at your risk. The Digital Applications is provided “as is” and you accept and use it at your own risk. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from use of the Digital Applications, except as expressly specified in these Terms of Service.
1.4 To the full extent it is lawful or possible to do so and except as may be expressly specified in these Terms of Service, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Digital Applications and its description, quality, performance or fitness for its purpose. In particular, we do not warrant that the operation or performance of the Digital Applications will be uninterrupted or error-free, except as may be expressly specified in these Terms of Service.
1.5 EDWY, its affiliates, related bodies corporate, directors, officers, agents, employees, contractors, editors, moderators, consultants, and authors with content on the Digital Applications, and the internet service provider hosting the Digital Applications make no representation and accept no responsibility or liability for:
(a) error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not;
(b) loss of data, theft, delays, non-deliveries, misdeliveries, or service interruptions caused by their negligence, errors or omissions;
(c) demands, claims, actions, proceedings, settlements, liability, expenses, damages, costs or losses of any type which may be incurred (either actual or contingent) in the event of any loss, damage, destruction of tangible or intangible property (including equipment, computer programs and data or any loss of use of any of them), death, bodily injury, disability, sickness, disease, mental incapacity, insanity, accident or event whether relating to you or third parties, wilful, unlawful or negligent act or omission or breach of the law, violation of any statute, regulation, by-law or ordinance; or
(d) special, incidental, indirect, consequential, exemplary, or punitive damages of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs);
whether based on contract, equity, statutory law, tort, criminal law, property, bailment, trust, unjust enrichment or any other legal theory, arising out of the delivery, installation, training, use, performance or support of the Digital Applications or if you use, upload, download, or act in reliance on any representation, information or data contained, linked or distributed through the Digital Applications.
The disclaimers limitations of liability, exclusions of liability, and recommendations in the preceding paragraphs apply to all content on the Digital Applications and any alerts, newsletters, broadcast emails or other materials associated with the Digital Applications.