Consumer regulations. 10.10.1 This clause applies to Consumers only. You shall have the right to cancel this Agreement 14 days from the date You agree to be obliged to pay for the Licensed Software and/or Support Package under this Agreement. Should You wish to cancel this Agreement under this clause 10.10, You must notify Us of Your decision to cancel by either: (a) returning a completed Model Cancellation Form (a copy of which is available here: xxxxx://xxx.xxx-xxxx.xxx/privacy) to Us; or (b) sending Us an email clearly confirming Your decision to: xxxxxx@xxx-xxxx.xxx. If You have any complaints about this Agreement, including complaints about the Licensed Software and/or Support Package, please raise these with Redgate using the relevant contact details: xxxxx://xxx.xxx-xxxx.xxx/our-company/contact-us. 10.10.2 Australian Consumer Law. (i) Despite clause 5 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled:(i) to cancel Your service contract with Us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. 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 service 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 service. If You think that the Licensed Software does not operate substantially in accordance with its description within the warranty period specified in clause 5.1.3, and You wish to make a claim under the warranty in clause 5.1.3, You must contact Us using the relevant contact details: xxxxx://xxx.xxx-xxxx.xxx/our- company/contact-us and provide details of how You think that the Licensed Software does not meet that warranty. You are responsible for any expenses You may incur in connection with making a claim under the warranty in clause 5.1.3. (ii) Despite clause 6 and any other provision in this Agreement, if the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2 of that Act) provides that there is a guarantee in relation to any good or service supplied by Us in connection with this Agreement, and Our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 6.2, 6.3, clause 3 of Schedule 1, and any other limitation of Our liability in this Agreement, do not apply to that liability and instead Our liability for such failure is limited to (at Our election): (i) in the case of a supply of goods, replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
Appears in 3 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula), End User License Agreement (Eula)
Consumer regulations. 10.10.1 This clause applies to Consumers only. You shall have the right to cancel this Agreement 14 days from the date You agree to be obliged to pay for the Licensed Subscription Software and/or Support Package under this Agreement. Should You wish to cancel this Agreement under this clause 10.10, You must notify Us of Your decision to cancel by either: (a) returning a completed Model Cancellation Form (a copy of which is available here: xxxxx://xxx.xxx-xxxx.xxx/privacy) to Us; or (b) sending Us an email clearly confirming Your decision to: xxxxxx@xxx-xxxx.xxx. If You have any complaints about this Agreement, including complaints about the Licensed Software and/or Support PackageSubscription Software, please raise these with Redgate using the relevant contact details: xxxxx://xxx.xxx-xxxx.xxx/our-company/contact-us.
10.10.2 Australian Consumer Law.consumer law
(i) Despite clause 5 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled:(ientitled; (i) to cancel Your service contract with Us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. 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 service 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 service. If You think that the Licensed Subscription Software does not operate substantially in accordance with its description within the warranty period specified in clause 5.1.3, and You wish to make a claim under the warranty in clause 5.1.3, You must contact Us using the relevant contact details: xxxxx://xxx.xxx-xxxx.xxx/our- company/contact-us ; xxxxx://xxx.xxx-xxxx.xxx/our-company/contact-us and provide details of how You think that the Licensed Subscription Software does not meet that warranty. You are responsible for any expenses You may incur in connection with making a claim under the warranty in clause 5.1.3.
(ii) Despite clause 6 and any other provision in this Agreement, if the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2 of that Act) provides that there is a guarantee in relation to any good or service supplied by Us in connection with this Agreement, and Our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 6.2, 6.3, 6.3 and clause 3 of Schedule 1, 1 and any other limitation of Our liability in this Agreement, do not apply to that liability and instead Our liability for such failure is limited to (at Our election): (ia) in the case of a supply of goods, replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or (iib) in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
Appears in 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula)
Consumer regulations. 10.10.1 10.8.1 This clause applies to Consumers only. You shall have the right to cancel this Agreement 14 days from the date You you agree to be obliged to pay for the Licensed Software and/or Support Package under this Agreement. Should You you wish to cancel this Agreement under this clause 10.1010.8, You you must notify Us us of Your your decision to cancel by either: (a) returning a completed Model Cancellation Form (a copy of which is available here: xxxxx://xxx.xxx-xxxx.xxx/privacyxxxxx://xxx.xxx-xxxx.xxx/website/legal) to Usus; or (b) sending Us us an email clearly confirming Your your decision to: xxxxxx@xxx-xxxx.xxx. If You you have any complaints about this Agreement, including complaints about the Licensed Software and/or Support Package, please raise these with Redgate using the relevant contact details: xxxxx://xxx.xxx-xxxx.xxx/our-company/contact-usxxxxx://xxx.xxx-xxxx.xxx/our- company/contact-us.
10.10.2 10.8.2 Australian Consumer Law.
(i) Despite clause 5 Our 0 our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You you are entitled:(i) to cancel Your your service contract with Usus; and (ii) to a refund for the unused portion, or to compensation for its reduced value. 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 you are entitled to have the failure rectified in a reasonable time. If this is not done You you are entitled to a refund for the goods and to cancel the contract for the service 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 service. If You you think that the Licensed Software does not operate substantially in accordance with its description within the warranty period specified in clause 5.1.3, and You you wish to make a claim under the warranty in clause 5.1.3, You you must contact Us us using the relevant contact details: xxxxx://xxx.xxx-xxxx.xxx/our- company/contact-us and provide details of how You you think that the Licensed Software does not meet that warranty. You are responsible for any expenses You you may incur in connection with making a claim under the warranty in clause 5.1.3.
(ii) Despite clause 6 0 and any other provision in this Agreement, if the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2 of that Act) provides that there is a guarantee in relation to any good or service supplied by Us us in connection with this Agreement, and Our our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 6.2, 6.3, clause 3 of Schedule 1, clause 10.4.3 of Schedule 2 and any other limitation of Our our liability in this Agreement, do not apply to that liability and instead Our our liability for such failure is limited to (at Our our election): (i) in the case of a supply of goods, replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
Appears in 1 contract
Samples: End User License Agreement (Eula)