| 3.1 |
Motivated Vendors makes the Website available for others to publish
without assuming a duty of care to users. Motivated Vendors does not
provide professional advice and gives no warranty, guarantee or
representation about the accuracy, reliability or timeliness or otherwise
of the information contained on the Website and/or linked sites.
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| 3.2 |
To the full extent permitted by law, Motivated Vendors disclaims any
and all warranties, express or implied, regarding the accuracy, reliability,
timeliness or otherwise of any information contained or referred to on
the Website and any linked sites, and the merchantability or fitness for
any particular purpose for any service or product contained or referred to
on the Website and/or any linked sites.
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| 3.3 |
All material on the Website is provided in good faith. Motivated
Vendors will not be liable under any circumstances for any loss of
profits or damages of any kind recognised by law, whether consequential
or otherwise, as a result of you acting or failing to act on any information
contained or referred to on the Website or any linked websites, and using
or acquiring or your inability to use or acquire any service or product
contained or referred to on the Website or any linked sites.
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| 4.1 |
The disclaimers contained in clause 3 may not apply to you in all
jurisdictions in which limitations or exclusions of warranties or liabilities
are not permitted by law. Motivated Vendors does not exclude any
rights and remedies available to you under the Trade Practices Act (Cth)
or any State or Territory legislation that cannot be excluded, restricted or
modified.
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| 4.2 |
To the full extent permitted by law, Motivated Vendors' liability for any
implied warranty or condition is limited, at the choice of Motivated
Vendors, to, in the case of services supplied or offered by Motivated
Vendors:
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
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| 4.3 |
If there is a breach of an implied warranty or condition related to goods, Motivated Vendors' liability will be limited to:
- The replacement of the goods or the supply of equivalent goods;
- The repair of such goods; or
- The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
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| 4.4 |
In no circumstances will Motivated Vendors be liable to you for any
indirect, incidental, special and/or consequential losses or damage or loss
of profits of whatever nature howsoever arising, which result from the
use of the Website.
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