Common use of Compensation and Liability Clause in Contracts

Compensation and Liability. 10.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it). 10.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 To the extent we can at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Consumer Law). 10.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result were it not for this clause 10. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under clause 10.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This limitation does not apply to the extent the Law prohibits us limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.6 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 9, or any breach by your Personnel or a third party of the relevant obligations referred to in clause 9. 10.8 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out of your use of our information services. Your co- operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in dealing with any such matter and may, in some circumstances, involve you being joined as a party to any litigation as well as or instead of us. 10.9 In this clause 10, references to "we" and "us" include our Personnel.

Compensation and Liability. 10.1 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 8.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 8.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under this clause 10.4 8.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liabilityl iability. This exclusion and limitation does do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by LawL aw). 10.6 8.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 8.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) you have not updated default information or credit information you have given us so that the default information or credit information we hold at any given time is not accurate, up to date, or complete or is otherwise misleading; or (c) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 99.2, or any breach by your Personnel or a third party Third Party of the relevant obligations Third Party’s obligati ons referred to in clause 99.2. 10.8 8.7 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out as a result of your use of our services including disputes, complaints, investigations or litigation that arises out of or relates to default information servicesor credit information you have given us. Your co- co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in the course of dealing with any such matter matters, and may, may in some circumstances, circumstances involve you being joined as a party to any litigation as well as or instead of us. 10.9 8.8 In this clause 10section 8, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.

Compensation and Liability. 10.1 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 8.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 8.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under this clause 10.4 8.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation does do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.6 8.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 8.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) you have not updated default information or credit information you have given us so that the default information or credit information we hold at any given time is not accurate, up to date, or complete or is otherwise misleading; or (c) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 9, or any breach by your Personnel or a third party of the relevant obligations referred to in clause 9. 10.8 8.7 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out as a result of your use of our services including disputes, complaints, investigations or litigation that arises out of or relates to default information servicesor credit information you have given us. Your co- co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may m ay be required in the course of dealing with any such matter matters, and may, may in some circumstances, circumstances involve you being joined as a party to any litigation as well as or instead of us. 10.9 8.8 In this clause 10section 8, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.

Compensation and Liability. 10.1 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 8.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 8.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under this clause 10.4 8.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation does do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by LawL aw). 10.6 8.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 8.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) you have not updated default information or credit information you have given us so that the default information or credit information we hold at any given time is not accurate, up to date, or complete or is otherwise misleading; or (c) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 99.3, or any breach by your Personnel or a third party Third Party of the relevant Third Party’s obligations referred to in clause 99.3. 10.8 8.7 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out as a result of your use of our services including disputes, complaints, investigations or litigation that arises out of or relates to default information servicesor credit information you have given us. Your co- co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in the course of dealing with any such matter matters, and may, may in some circumstances, circumstances involve you being joined as a party to any litigation as well as or instead of us. 10.9 8.8 In this clause 10section 8, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.

Compensation and Liability. 10.1 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 8.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 8.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under this clause 10.4 8.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation does do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.6 8.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 8.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) you have not updated default information or credit information you have given us so that the default information or credit information we hold at any given time is not accurate, up to date, or complete or is otherwise misleading; or (c) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 99.2, or any breach by your Personnel or a third party Third Party of the relevant Third Party’s obligations referred to in clause 99.2. 10.8 8.7 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out as a result of your use of our services including disputes, complaints, investigations or litigation that arises out of or relates to default information servicesor credit information you have given us. Your co- co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in the course of dealing with any such matter matters, and may, may in some circumstances, circumstances involve you being joined as a party to any litigation as well as or instead of us. 10.9 8.8 In this clause 10section 8, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.

Compensation and Liability. 10.1 13.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 13.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 13.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 13.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the eTrace Data or other information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under clause 10.4 this clause 13.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation does do not apply to the extent the Law law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Lawlaw). 10.6 13.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 13.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission;. (c) any breach 13.7 Each indemnity in this agreement is a continuing obligation of the Intellectual Property Rights indemnifying party, whether or other rights not legal proceedings are instituted, and survives the termination or expiry of this agreement. Each indemnity in this agreement is an additional, separate and independent obligation of the indemnifying party and no one indemnity limits the generality of any person arising from your provision other indemnity. The indemnities in this agreement include legal costs on a solicitor client basis and damages and other compensation paid on the advice of data and legal advisers to compromise or settle any claim, whether between the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 9, parties or any breach by your Personnel or a third party of the relevant obligations referred to in clause 9another person. 10.8 13.8 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out as a result of your use of our information services. Your co- co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in the course of dealing with any such matter matters, and may, may in some circumstances, circumstances involve you being joined as a party to any litigation as well as or instead of us. 10.9 13.9 In this clause 1013, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.

Compensation and Liability. 10.1 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 8.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 8.4 We are not liable to you or to anyone else for: (a) any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damageordamage); or (b) any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damageordamage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. This exclusion does not apply to the extent the Law prohibits us excluding our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under this clause 10.4 8.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation does do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.6 8.5 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 8.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading; (b) you have not updated default information or credit information you have given us so that the default information or credit information we hold at any given time is not accurate, up to date, or complete or is otherwise misleading; or (c) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreement; or (d) of any breach by you of clause 9, or any breach by your Personnel or a third party of the relevant obligations referred to in clause 9. 10.8 8.7 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out as a result of your use of our services including disputes, complaints, investigations or litigation that arises out of or relates to default information servicesor credit information you have given us. Your co- co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be maybe required in the course of dealing with any such matter matters, and may, may in some circumstances, circumstances involve you being joined as a party to any litigation as well as or instead of us. 10.9 8.8 In this clause 10section 8, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.

Compensation and Liability. 10.1 8.1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that in the case of our commercial information services we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may be: (a) inaccurate, incomplete or otherwise of deficient quality; or (b) out of date (or may become out of date before you rely on it)date. 10.2 8.2 You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. 10.3 8.3 To the extent we can are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law). 10.4 8.4 We are not liable to you or to anyone else forelse: (a) except as expressly provided otherwise in these terms or pursuant to any other engagement terms between us, for any loss or damage arising out of, or in connection with, the information we provide to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage)you; or (b) for any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damageordamage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) and even if that loss, damage or liability may be supposed to have been in the contemplation of the parties as a probable result it were it not for this clause 10section. Ourtotalaggregateliability foranylossordamagenotexcludedunderthisclause 8.4 is limited to theamountoffeesand chargespaidby youfortheservicesunderthisagreement in the 12 monthsimmediatelyprior tothe eventgiving rise totheliability. This exclusion does and limitation do not apply to the extent the Law prohibits us excluding or limiting our liability (including under any statutory or implied representationanystatutoryorimpliedrepresentation, condition, warranty, termorguarantee thatweareunabletoexcludeby Law). 8.5 Ourtotalliability foranylossordamageunderanystatutoryorimpliedrepresentation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.5 Our total aggregate liability for any loss or damage not excluded under clause 10.4 is limited to the amount of fees and charges paid by you for the information services under this agreement (less any statutory, third party and/or government charges) in the 12 months immediately prior to the event giving rise to the liability. This limitation does not apply to the extent the Law prohibits us limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law). 10.6 Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by orguaranteethatweareunabletoexcludeby Law (including under the underthe Australian Consumer Law), is limited to the extent permitted by Law, to us reusre-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates. 10.7 8.6 You indemnify us for any loss we suffer or liability we incur because: (a) any information you give us is not accurate, up to date or complete or is otherwise misleading;; or (b) of any misuse of the information services or the information we supply you, including an intentional wrongful act or omission; (c) any breach of the Intellectual Property Rights or other rights of any person arising from your provision of data and the use by us of that data in accordance with this agreementsupplyyou; or (dc) of any breach by you of clause 99.2, or any breach by your Personnel or a third party Third Party of the relevant Third Party’s obligations referred to in clause 99.2. 10.8 You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out of your use of our information services. Your co- operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in dealing with any such matter and may, in some circumstances, involve you being joined as a party to any litigation as well as or instead of us. 10.9 8.7 In this clause 10section 8, references to "we" and "us" include our Personnelofficers, employees, contractors and agents.