No intellectual property or other ownership rights in Aussie Weather pass to you through your use of Aussie Weather.
You agree not to:
Where Aussie Weather does not perform as set out on this website, and you can identify to us the failure to perform, we will replace Aussie Weather with a version of Aussie Weather that does so perform as set out on this website The replacement of Aussie Weather with a version of Aussie Weather which performs as set out on this website will be our sole liability relating to a failure of the Licensed Programs to perform as set out on the this website.
Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Trade Practices Act 1974 (Cth) or any other consumer legislation as amended (the “Acts”) which we are not lawfully able to exclude, restrict or modify. Where we breach a non-excludable condition or warranty which has been implied by the Acts, our liability for breach will be limited, to the extent lawfully permissible, to the replacement of Aussie Weather or the repair of Aussie Weather.
We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to Aussie Weather (or, in relation to any reports or items generated or produced by or with the aid of it), and all implied conditions and warranties are excluded to the fullest extent permitted by law.
You acknowledge that in entering into this Agreement you have not relied in any way on our representations, descriptions, illustrations, specifications, skill or judgment except as expressly specified in these terms and that you have satisfied yourself as to the condition and suitability of Aussie Weather for your purposes. You acknowledge that the Aussie Weather app has not been developed to meet your particular requirements.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our maximum aggregate liability to you in relation to your use of Aussie Weather shall not exceed the total amount paid by you for Aussie Weather.
You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of: