Disclaimer - Proowrx Knowledge Centre

Disclaimer

The advice provided on this website] is general advice only. It has been prepared without taking into account your objectives, financial situation or needs.  Before acting on this advice, you should consider the appropriateness of the advice, having regard to your own objectives, financial situation and needs.  If any products and/or services are detailed on this website you should obtain a product disclosure statement relating to the products and consider its contents before making any decisions.  Where quoted, past performance is not indicative of future performance.

The company disclaims all and any guarantees, undertakings and warranties, expressed or implied, and is not liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or consequential loss or damage) arising out of, or in connection with, any use or reliance on the information or advice in this website. The user must accept sole responsibility associated with the use of the material on this site, irrespective of the purpose for which such use or results are applied.  The information in this website is no substitute for specialist advice.

Limitation of liability and exclusion of liability

  1. Subject to clause 4, the Company is not liable to the Client for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the agreement, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to any employees, contractors, agents, representatives, licensees or permitted assigns of the Company.
  2. Notwithstanding the generality of clause 1, the Company expressly excludes liability for consequential loss or damage which may arise in respect of the Services or for loss of loss of data, loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential howsoever arising by way of act or omission in contract or in tort. You agree to release and indemnify the Company to that extent.
  3. Where the Company cannot by law exclude such liability, its liability to the Client will be limited to, if the breach relates to goods, the replacement or repair the goods or, if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again. This clause applies despite anything else contained in or incidental to the agreement and to the fullest extent permitted by law.
  4. Notwithstanding clause 1, the limitation of liability set out in clause 1 will not apply to any liability arising as a result of, or in connection with:
    • fraud or wilful misconduct by the Company;
    • breach of confidentiality by the Company;
    • breach of privacy by the Company; or
    • infringement of a third party’s Intellectual Property Rights by the Company. For the purposes of this clause, the term “the Company” shall mean the Company, its officers, employees, sub-contractors, suppliers and agents, whether individually or collectively.
  5. To the fullest extent permitted by law, the Company excludes all warranties implied by law except as expressly set out in the agreement.