LIABILITY

Our access to and use of the Site is provided on an “as is” and “as available” basis. The terms that apply to the Site (including the orders for products) are those that are expressly set out in the Terms of Use. To the extent permitted by law, we expressly disclaim all warranties of any kind in relation to products, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not responsible for any loss or damage caused by the Site (or a part of the Site) being suspended, terminated or your access to and use of the Site limited, late delivery or cancellation of an order of a product, except as set out expressly in the Terms of Use and our contract if any.

While we exercise all due care and precautions, we cannot and do not guarantee or warrant that the Site will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. We also make no warranty that:

The Site or products which you order through the Site will meet your requirements;

The Site will be uninterrupted, timely, secure, or error-free; or

The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Except as expressly stated in the Terms of Use, we will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site, the content or materials of the Site (including linked websites), or products which you order through the Site, whether based in contract, tort, negligence, statute or otherwise, except for any liability that cannot be excluded by law.

Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty which cannot be excluded, our liability for any breach of the condition or warranty is limited to, at our option either:

The resupply of the products or services; or

Amount equivalent to having the products or services resupplied.

INDEMNITY

We rely on you are observing these terms at all times. You agree to indemnify and hold us and our officers, employees and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of the Site. The indemnity is this clause extends to and covers your breach of the Terms of Use.