Disclaimer
Disclaimer of Warranties
To the maximum extent permitted by law, Strategy Bugs Pty Ltd (ACN 643 951 848) and its directors, officers, employees, agents, consultants/contractors, licensors, partners, affiliates, successors and assigns (which are referred to as “we”, “us” or “our”) expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site (which for the avoidance of doubt, includes any content, information, materials, documents on this site strategybugs.com) including any implied warranty of merchantability, fitness for a particular purpose (including that any document created through this site will be enforceable in any respect or will have any particular legal or commercial effect) or non-infringement.
This site is provided strictly on an ‘as is’ basis. To the maximum extent permitted by law, we make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
· the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
· this site will meet your requirements or expectations;
· any document created through this site will be enforceable in any respect or will have any particular legal or commercial effect;
· anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
· the quality of any goods, services, information or other material purchased or obtained through this site will meet requirements or expectations;
· errors or defects will be corrected; or
· this site or the servers that make it available are free of viruses or other harmful components.
Exclusion of Liability
To the maximum extent permitted by law, we exclude all liability to all our clients, customers and subscribers, including a user or visitor of this site, (which is sometimes referred to as “you” or “yours”) for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, any use of this site, or any use of, or reliance upon, any goods or services obtained through this site, by you.
By using this site, you waive the right to bring, and covenant not to bring, any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise) that you have, or would otherwise have had, against us and you acknowledge and agree that this waiver and release may be pleaded as a bar and complete defence to any such claims.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release us from any claim, demand or cause of action that you may have against us arising directly or indirectly out of, or in connection with, your use of this site or any use of, or reliance upon, any goods or services obtained through this site by you.
User representations and warranties
In respect of your use of this site and/or your use of, or reliance upon, any goods or services obtained through this site, you represent and warrant to us that:
· you have had an opportunity to obtain financial, legal and taxation advice and are acting on the basis of such advice in respect of such use/reliance;
· you have received and reviewed all information concerning such use/reliance as you consider necessary to enable you to make an informed decision concerning such use/reliance;
· in making your decision to use or rely upon such goods or services, you have relied on your own investigation and you understand that no representation or warranty is being made or given by or on our behalf and that no reliance has been placed on any statements of, or information supplied by, us; and
· you have such knowledge and experience in financial and legal matters that you are capable of evaluating the merits of such use/reliance and you have completed that evaluation prior to any such use/reliance.
Indemnity
You agree to indemnify us from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the site, including but is not limited to:
· any misuse of the site by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
· your failure to obtain formal advice from an appropriately qualified professional adviser concerning whether the information or materials you choose (or rely upon) from this site are suitable for its intended purpose or is suitable for your particular circumstances; and
· your breach of any terms and conditions governing our relationship with you;
· any activity which you engage on or through us.
Limit of Liability
While we have used our best endeavours to provide documents to cover many different contingencies given each situation and client is different and will have different requirements and our documents have not been created solely for one particular client, and legislation is subject to interpretation, the information does not purport to be complete and cannot be fit for all client’s particular purposes. You acknowledge that you use this site and the material and information contained in it, at your own risk.
We are not a law firm and cannot, and do not, provide legal advice or other legal services. You must carefully review and consider any documents that you may acquire through this site. You and your legal advisers should make your own independent review of such documents and any decision to use or rely upon such documents should only be taken after you have obtained your own professional advice.
You also understand that in using our documents, we are not providing this information as a legal firm. You may use these documents, but they should not be the only matter that you consider, nor should the information be considered legal advice. Before using or acting on the information provided by us, we strongly recommend that you understand the basis for selecting a certain inclusion in the documents. If you are uncertain, you should seek professional advice having regard to your and/or your client’s objectives, situation and needs.
To the maximum extent permitted by law, we disclaim all and any guarantees, undertakings and warranties, expressed or implied, and are not responsible or liable for any cost, loss or damage of any kind, whether direct or indirect (including human or computer error, negligence, or actual, incidental or consequential loss or damage) arising out of, or in connection with:
· any use, download or reliance on the information or the material presented on this site;
· acting, or failing to act, on any information or material contained on or referred to on this site;
· any errors or omissions or the accuracy, reliability or timeliness or otherwise, of the information or material contained or referred to on this site;
· using or acquiring, or any interruptions or inability to use or acquire, any service or product contained or referred to on this site;
· the merchantability or fitness for any particular purpose for any service or product contained or referred to on this site;
· any material or information incorporated into the information provided on this site; and
· this site, or the server that makes the site available are free of software viruses and the functions contained in any software in this site will operate uninterrupted or are error-free; and errors and defects in the site will be corrected.