My Renewable Energy-Australia: Limitation of Liability

Updated 15 November 2017

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY MY RENEWABLE ENERGY-AUSTRALIA ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND

RENEWABLE ENERGY-AUSTRALIA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, My

RENEWABLE ENERGY-AUSTRALIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;

RENEWABLE ENERGY-AUSTRALIA DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND My Renewable Energy-Australia MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

 

 Any material uploaded or downloaded or otherwise obtained through the sites is done at each User's sole discretion and risk and each User is solely responsible for any damage to My Renewable Energy-Australia’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any user from My Renewable Energy-Australia or through or from the sites shall create any warranty not expressly stated herein.

The sites may make available to user services or products provided by independent third parties.   No warranty or representation is made with regard to such services or products.   In no event shall My Renewable Energy-Australia and our affiliates be held liable for any such services or products.

Each User hereby agrees to indemnify and save My Renewable Energy-Australia, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities [including legal costs on a full indemnity basis] which may arise from such user's use of the sites or services [including but not limited to the display of such user's information on the sites] or from your breach of any of the terms and conditions of the terms. Each user hereby further agrees to indemnify and save My Renewable Energy-Australia, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from user's breach of any representations and warranties made by user to My Renewable Energy-Australia, including but not limited to those set forth hereunder. 

Each User hereby further agrees to indemnify and save My Renewable Energy-Australia, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the sites. Each User hereby further agrees that My Renewable Energy-Australia is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. My Renewable Energy-Australia reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with My Renewable Energy-Australia in asserting any available defences.

My Renewable Energy-Australia shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever [including but not limited to damages for loss of profits or savings, business interruption, loss of information], whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.

    • the use or the inability to use the Sites or Services;
    • any defect in goods, samples, data, information or services purchased or obtained from a user or any other third party through the sites;
    • violation of Third Party Rights or claims or demands that users manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
    • unauthorised access by third parties to data or private information of any user;
    • statements or conduct of any user of the sites; or;
    • any matters relating to services however arising, including negligence.

Notwithstanding any of the foregoing provisions, the aggregate liability of My Renewable Energy-Australia, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each user for all claims arising from the use of the sites or services during any calendar year shall be limited to the greater of ;

    • the amount of fees the User has paid to My Renewable Energy-Australia or our affiliates during the calendar year and the maximum amount permitted in the applicable law.
    • The preceding sentence shall not preclude the requirement by the user to prove actual damages.
    • All claims arising from the use of the sites or services must be filed within one, year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.

The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not My Renewable Energy-Australia has been advised of or should have been aware of the possibility of any such losses arising.