Product Disclaimer

Definitions

Customer means any legal person who purchases and/or acquires the Supplier’s Products;Goods means the Products which have been purchased by the Customer. Products are all the documents, including but not limited to how-to guides, information, advice, policy templates, forms and all other related material provided by the Supplier to customers, generally through the bO₂ Corporate Essentials Website; bO₂ Corporate Essentials Australia Website means the website hosted at http://www.bo2.com.au and all related webpages used for the purchase and supply of the Products; This Document means this Product Disclaimer document; andSupplier means bO₂ Corporate Essentials Pty Ltd ACN 119 058 310 which is the sole supplier of the Products.

Interpretation

In this agreement except to the extent that the context otherwise requires:

1. Headings are for convenience only and will not affect interpretation;
2. Reference to legislation or a provision of legislation includes change or re-enactment of the legislation or a legislative provision substituted for, and legislation and statutory instruments and regulations issued under, the legislation AND reference to a body, which ceases to exist, is a reference to the body which replaces it;
3. Words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and vice versa; reference to a document or agreement includes reference to that document or agreement as changed, novated or replaced from time to time, words denoting any gender include all genders;
4. Where a word or phrase is given a definite meaning in this agreement a part of speech or other grammatical form for that word or phrase has a corresponding meaning; and
5. Reference to a party includes their successors executors administrators and permitted assigns.

Product Information

1. The Supplier’s Products have been written in a manner to provide practical easy to read information, advice and support for employers dealing with complex industrial, WH&S and legal issues; and
2. In some documents the Supplier also provides policy templates and forms to assist with the compliance process.

Acceptance

By purchasing any of the Products the Customer is taken to irrevocably accept the terms contained within and operation of This Document.

Disclaimer/Liability

1. The information provided within the Products is not provided to suit any specific circumstances and is general in nature only. The Customer acknowledges by purchasing and/or acquiring the Products that they must their own enquiries to determine the validity and appropriateness of information provided herein;
2. The information contained within the Products is not designed to provide, and is not to be substituted for legal advice for you or any other individual;
3. The Supplier not liable or responsible for any advice, information, support, policy template or other assistance supplied throughout the Products. If the Customer has any concerns about the legality of implementing the advice, information, support, policy templates or other assistance they should seek professional legal advice;
4. Although every effort is taken to ensure that the information contained within the Products is correct, the Customer should not consider the Product’s contents current, complete, accurate or exhaustive, nor should the Customer rely on such information, including but not limited to policy template documents and reliance on any information provided is solely at the Customer’s own risk;
5. The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied and there are rights and remedies conferred on the Customer in relation to the provision of the Products/Goods which cannot be excluded, restricted or modified by This Document (“Non-excludable Rights”);
6. The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier’s option, to the supplying of the Goods again or payment of the cost of having the Goods supplied again;
7. The Supplier’s liability for any claim in relation to the supply of the Goods (whether under statue, contract, tort, negligence or otherwise) will be limited to the amount of the fee paid by the Customer to the Supplier;
8. The Supplier is not liable to the Customer for any claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any direct or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) of any kind whether or not in the reasonable contemplation of the parties, as a result of or in connection with the provision of the supply of the Goods;
9. The Customer agrees that they waive any claim, future or present, that they may have or may arise against the Supplier that is in any way connected directly or indirectly with the supply of the Goods;
10. Notwithstanding any other provision of This Document, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:
    1. any increased costs or expenses;
    2. any loss of profit, revenue, business, contracts or anticipated savings;
    3. any loss or expense resulting from a claim by a third party; or
    4. any special, indirect or consequential loss or damage of any nature whatsoever caused by the Supplier’s failure to complete or delay in supply of the Goods; and
11. The Customer further indemnifies the Supplier from any costs or charges that in any way either directly or indirectly relate to the supply of the Goods.

General

1. Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricted or modifying any condition, warranty, guarantee, right or remedy implied by the law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified;
2. This Document is personal to the Customer and must not be assigned without the prior written consent of the Supplier. Such consent must be reasonably given by the Supplier and must not be unreasonable withheld;
3. If any provision, or the application of any provision, of this Agreement is prohibited, invalid, void, illegal or unenforceable in any jurisdiction:
   1. this will not affect the validity and enforceability of the provision or part in other jurisdictions;
   2. the provision or part will only be ineffective to the extent of the prohibition, invalidity, voidness or illegality; and
   3. the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this Agreement;
4. Any waiver of a right under this Agreement must be in writing and signed by the party granting the waiver and will not operate as a waiver in relation to any subsequent matter;
5. Any failure, delay, forbearance or indulgence by a party in an exercise, or partial exercise, of a right arising under this Agreement will not result in a waiver of that right or prejudice or restrict the rights of the party; and
6. This Document will be governed by the laws of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland in relation to This Document.