Common use of Remedies and Liability Clause in Contracts

Remedies and Liability. a) Intellect IT shall not be responsible for any misinformation provided to it by the Client or any third party. b) Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of this Agreement by the Competition and Consumer Act 2010(Cth) or any equivalent state or territory legislation, the warranties provided herein in relation to the Services are in lieu of, and the Client hereby waives, all other warranties whether express or implied. Intellect IT neither assumes nor authorises the Client or any other person to assume for Intellect IT any other warranty except as may be specifically provided in writing by Intellect IT. c) Except for reasonably foreseeable loss and damage to “customers” specified in clause 6 (c) Intellect IT shall not be liable to the Client or third parties for any damages stemming from loss, interception or misdirection of data, files, software, code, operating systems, applications or other intangible property or data being rendered inaccurate, or for loss of profit (howsoever categorised. d) To the extent permitted by the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth) or any equivalent state or territory legislation applying to the provision of Services under this Agreement, Intellect IT 's liability, whether in contract, tort, statute or otherwise is limited to the coverage by Intellect IT’s professional indemnity and public liability insurance. e) The Client shall indemnify Intellect IT and hold Intellect IT harmless from and against any and all third party claims which may be asserted against or suffered or incurred by Intellect IT which arise from the supply of the Services or from Client’s breach of this Agreement unless such claims result from fraudulent acts of Intellect IT or are outside Intellect IT’s ordinary performance of this contract. f) For the purpose of the indemnity above, Intellect IT includes: Intellect Information Technology Pty Ltd; its employees, directors, sub- contractors and agents; its sub-contractors’ and agents’ employees, directors’ sub-contractors and agents; and so on down the line. g) To the extent permitted by law the remedies contained in this Agreement are Client's sole and exclusive remedies.