(a) Despite anything to the contrary, but subject to your statutory rights under the Australian Consumer Law, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(2) we will not be liable to you for any special, indirect, incidental or consequential loss or damage, including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the products, or any injury or loss to any person;
(2) failure or delay in providing the products; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) You are solely responsible for determining the suitability of our products for your circumstances and, to the maximum extent permitted by law, we will not be responsible or liable for any lack of suitability or fitness for your particular use of our products.
(d) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, including any other implied warranties or guarantees at law to the extent they may be lawfully excluded by contract, and except to the extent such warranties and conditions are fully expressed in these Terms.
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