Australian Consumer Law. 33.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). 33.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled: (a) to cancel this Agreement with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. 33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services. 33.4 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement. 33.5 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis. 33.6 This clause 33 will survive the termination or expiry of this Agreement.
Appears in 2 contracts
Samples: Master Services Agreement, Master Service Agreement
Australian Consumer Law. 33.1 18.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision performance of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
33.2 18.2 Our goods and services Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the servicesServices, you are entitled:
(a) to cancel this Agreement with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. 18.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from damage. If the failure does not amount to a failure major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the goods or servicesunused portion of the contract.
33.4 18.4 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
33.5 18.5 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
33.6 18.6 This clause 33 18 will survive the termination or expiry of this Agreement.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Australian Consumer Law. 33.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision performance of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
33.2 . Our goods and services Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the servicesServices, you are entitled:
(a) to cancel this Agreement with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from damage. If the failure does not amount to a failure major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the goods or services.
33.4 unused portion of the contract. If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
33.5 . Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
33.6 . This clause 33 16 will survive the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Digital Services Agreement
Australian Consumer Law. β
33.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
33.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
(a) to cancel this Agreement with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.
33.4 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
33.5 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
33.6 This clause 33 will survive the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Services Agreement
Australian Consumer Law. 33.1 β
12.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision performance of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
33.2 12.2 Our goods and services Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the servicesServices, you are entitled:
(a) to cancel this Agreement with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. 12.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from damage. If the failure does not amount to a failure major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the goods or servicesunused portion of the contract.
33.4 12.4 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
33.5 12.5 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
33.6 12.6 This clause 33 12 will survive the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Terms and Conditions
Australian Consumer Law. 33.1 16.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision performance of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
33.2 16.2 Our goods and services Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the servicesServices, you are entitled:
(a) to cancel this Agreement with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. 16.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from damage. If the failure does not amount to a failure major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the goods or servicesunused portion of the contract.
33.4 16.4 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
33.5 16.5 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
33.6 16.6 This clause 33 16 will survive the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Client Agreement
Australian Consumer Law. 33.1 15.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Storage Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
33.2 15.2 Our goods and services Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the servicesServices, you are entitled:
(a) to cancel this Agreement with usthese Terms; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
33.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from damage. If the failure does not amount to a major failure you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel these Terms and obtain a refund for the goods or servicesunused portion of these Terms.
33.4 15.3 If the ACL applies to you as a consumer, nothing in this Agreement these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Storage Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreementthese Terms.
33.5 15.4 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Storage Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
33.6 15.5 This clause 33 15 will survive the termination or expiry of this Agreementthese Terms.
Appears in 1 contract
Samples: Storage Terms and Conditions