No warranties
This website
is provided “as is” without any representations or warranties,
express or implied. New Horizon Australia Pty Ltd makes no representations
or warranties in relation to this website or the information and materials
provided on this website.
Without prejudice to the generality of the foregoing
paragraph, New Horizon Australia Pty Ltd does not warrant that:
- this website
will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this
website constitutes, or is meant to constitute, advice of any kind.
[If you require advice in relation to any [legal, financial or medical]
matter you should consult an appropriate professional.]
Limitations
of liability
New Horizon
Australia Pty Ltd will not be liable to you (whether under the law of
contact, the law of torts or otherwise) in relation to the contents
of, or use of, or otherwise in connection with, this website:
- [to the extent
that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated
savings, loss of contracts or business relationships, loss of reputation
or goodwill, or loss or corruption of information or data.
These limitations
of liability apply even if New Horizon Australia Pty Ltd has been expressly
advised of the potential loss.
Exceptions
Nothing in
this website disclaimer will exclude or limit any warranty implied by
law that it would be unlawful to exclude or limit; and nothing in this
website disclaimer will exclude or limit New Horizon Australia Pty Ltd's
liability in respect of any:
- death or personal
injury caused by New Horizon Australia Pty Ltd's negligence;
- fraud or fraudulent misrepresentation on the part of New Horizon
Australia Pty Ltd; or
- matter which it would be illegal or unlawful for New Horizon Australia
Pty Ltd to exclude or limit, or to attempt or purport to exclude or
limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations
of liability set out in this website disclaimer are reasonable. If you
do not think they are reasonable, you must not use this website.
Other parties
[You accept
that, as a limited liability entity, New Horizon Australia Pty Ltd has
an interest in limiting the personal liability of its officers and employees.
You agree that you will not bring any claim personally against New Horizon
Australia Pty Ltd's officers or employees in respect of any losses you
suffer in connection with the website.]
[Without prejudice
to the foregoing paragraph,] you agree that the limitations of warranties
and liability set out in this website disclaimer will protect New Horizon
Australia Pty Ltd's officers, employees, agents, subsidiaries, successors,
assigns and sub-contractors as well as New Horizon Australia Pty Ltd.
Unenforceable
provisions
If any provision
of this website disclaimer is, or is found to be, unenforceable under
applicable law, that will not affect the enforceability of the other
provisions of this website disclaimer.
This website disclaimer
is based on a precedent created by template-contracts.co.uk and published
by freenetlaw.com
|