EXCLUSIONS AND INDEMNITY. 12.1. The Agency’s Workers may be replaced if their ability to function effectively and safely is limited, in which case we may replace them with another Worker.
12.2. The Agency’s Workers may refuse work if it reasonably appears that the working environment is or has become unsafe for any reason, including but not limited to you:
(a) not having established safe work procedures;
(b) not complying with safety standards;
(c) not maintaining plant and equipment; or
(d) not complying with any relevant health or safety legislation or regulations or other obligation which is for the protection of health and safety. No Representations
(a) The Agency make no representation or guarantee that they will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal; and
(b) The Agency is not liable for inaccurate or incomplete statements or misrepresentations made by the Candidate or a third party. Reduced Liability & Indemnity
(a) The Agency is not liable to the Client for any loss, damages or expense suffered by the Client as a result of or arising from the introduction of any Candidate or any acts or omissions of a Candidate (whether negligent or otherwise) or from any delay or failure by the Agency to refer a Candidate to the Client.
(b) To the extent permitted at law, we will not be liable to you for, and you will hold us harmless against any liability for, damage, loss or injury of what so ever nature or kind, however caused whether directly or indirectly and whether by the Agency’s negligence or that of one of the Agency’s Workers (including their servants or agents) whilst they are working under your control, supervision or direction.
(a) You will indemnify us to the full extent of our liability for all damages, compensation (including damages an compensation for personal injury to or the death of one of our Workers or to any other person), expenses interest, and costs that we may have to pay to any person, as a result of any damage, loss of injury that has been caused by or contributed to, in any material degree, whether directly or indirectly by:
(i) a breach by you or any of your obligations under this Agreement;
(ii) any act, error or omission of yours or your employees, agents or servants or your clients including without limitation, any act, error or omission that may contravene the provisions of any equal opportunity legislation.
(c) The Client will releases the Agency from all claims which you o...
EXCLUSIONS AND INDEMNITY. 10.1 The Company’s Contractors may be replaced if their ability to function effectively and safely is limited, in which case we may replace them with another Contractor.
10.2 The Company’s Contractors may refuse to work if it reasonably appears that the working environment is or has become unsafe for any reason, including but not limited to the Client not:
(a) having established safe work procedures;
(b) complying with safety standards;
(c) maintaining plant and equipment; or
(d) complying with any relevant health or safety legislation or regulations or other obligation which under these terms and conditions is for the protection of health and safety.
10.3 Because the Company’s Contractors work under the Client’s control, supervision and direction; the following applies:
EXCLUSIONS AND INDEMNITY. 7.1. The liability of the Company under the Touch Agreement is strictly limited to the charge levied for the use of Touch.
7.2. The Company is not liable for any loss arising from any cause beyond the Company’s control or arising from any of the following:
7.2.1. unauthorised access to any confidential information accessible through Touch.
7.2.2. disruptions to Touch.
7.3. The Company is not liable for:
7.3.1. loss or corruption of data, injury to reputation, business interruption, loss of revenue, goodwill, opportunity or anticipated savings.
7.3.2. any indirect or consequential loss.
7.3.3. The Company does not guarantee that the Software is error free.
7.4. The Company is not liable for any:
7.4.1. errors, failures or costs arising from any malfunction of the Customer’s equipment
7.5. The Installer will indemnify the Company against any claims, liabilities, costs, expenses, damages or losses (whether direct, indirect or consequential) that the Company incurs from Instructions or operations affecting third party or any third party claim arising out of or relating to the Installer or End User’s use or failure to use Touch.
EXCLUSIONS AND INDEMNITY. 8.1. The Proprietor shall not be responsible or liable to the Member for any loss or damage to any property or for any death or injury caused, sustained or incurred in any way whatsoever on the Premises or as a consequence of the use of any of the Facilities which is not caused by any willful act or gross negligence of the Proprietor or any of its employees.
8.2. The Member shall be responsible to the Proprietor and shall indemnify the Proprietor in respect of any claim, loss, liability or damage incurred or suffered by the Proprietor as a consequence of any damage to any property or equipment (whether belonging to the Proprietor or any other person) or death or injury sustained by any person at the Spa caused or contributed in any way by the Member or any Guest.
EXCLUSIONS AND INDEMNITY. 8.1 Our workers may be replaced if their ability to function effectively and safely is limited, in which case we may replace them with another worker.
8.2 Our workers may refuse work if it reasonably appears that the working environment is or has become unsafe for any reason, including but not limited to you:
(a) not having established safe work procedures;
(b) not complying with safety standards;
(c) not maintaining plant and equipment; or
(d) not complying with any relevant health or safety legislation or regulations or other obligation which under these terms and conditions is for the protection of health and safety.
8.3 Because our workers work under your control, supervision and direction:
(a) We make no representation or guarantee that they will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal;
(i) Subject to sub-paragraph (ii) of this sub-clause, we will not be liable to you for, and you will hold us harmless against any liability for, damage, loss or injury of whatsoever nature or kind, however caused whether directly or indirectly and whether by our negligence or that of one of our workers (including their servants or agents) whilst they are working under your control, supervision or direction.
(ii) Sub-paragraph (i) of this sub-clause does not reduce our liability, directly incurred, to the extent to which it may have contributed to any such damage, loss or injury; and
(c) Our liability for any breach of a term implied in this agreement by any Act of Parliament will be limited, at our option, to providing, or paying the costs of providing, the services again.
EXCLUSIONS AND INDEMNITY. 1In addition and without prejudice to any right or remedy which the Bank may have (at law or otherwise), so long as the Bank acts in good faith in providing the Service, the Bank shall not be liable to the Customer in respect of any Loss suffered by the Customer in connection with the Service, notwithstanding any breach by the Bank of its obligations to the Customer.
EXCLUSIONS AND INDEMNITY. 6.1 Our charges as detailed in the Confirmation of Assignment will be based upon the number of hours or days that our workers work on assignment, with a minimum charge of four hours per day applying to each worker on assignment.
6.2 The fee will be negotiated prior to commencement of each Contract Assignment or specific project and will appear in the Confirmation of Assignment
6.3 Parsec Pacific may vary the fee at any time (including retrospectively) without notice in light of the following:
(a) overtime rates, shift penalties, allowances or other rates payable pursuant to any award or agreement or rate of pay set by Fair Work Australia (or other relevant body) applicable to the On-Hire Employee;
(b) insurances, insurance premiums, or any statutory charges, levies, taxes or other payments Parsec Pacific is lawfully required to make or for which Parsec Pacific may become liable in respect of providing an Parsec Pacific Contractor under these Terms of Business.
6.4 Invoices are produced weekly based on the actual hours worked by the On-Hire Employee as evidenced by an authorized timesheet.
6.5 You must pay Parsec Pacific for any approved expenses incurred by an Parsec Pacific Contractor in performing an assignment. You must not make any payments directly to the Parsec Pacific Contractor. Parsec Pacific will reimburse the Parsec Pacific Contractor directly for such expenses provided You supply Parsec Pacific with original tax invoices to support expense claim reimbursements and confirmation of approval.
6.6 If You would prefer to pay an allowance or per diem expense claim without providing supporting tax invoices, then You should notify Parsec Pacific in advance to confirm the alternative documentation required and confirm amounts that may be paid tax-free.
6.7 It is Your responsibility to review expense claim reimbursements and supporting documentary evidence of the Parsec Pacific Contractor before reimbursement is made or authorised. In no event shall You authorise Parsec Pacific to pay expenses or pay expenses directly to or for an Parsec Pacific Contractor which are of a private nature or for amounts in excess of ATO expense guidelines. If such payments are made in contravention of these Terms of Business, then You must accept an additional fee from Parsec Pacific equal to the Fringe Benefits Tax and other payroll on-costs associated with the provision of the taxable benefit to the Parsec Pacific Contractor.
EXCLUSIONS AND INDEMNITY. 7.1 The liability of the Bank under the Bank on line Agreement is set out in the Account Agreement. A copy of the Account Agreement will be provided by the Bank at any time on request.
7.2 The Bank is not liable for any loss arising from any cause beyond the Bank’s control or arising from any of the following, unless caused by the Bank's or its Third Party Supplier's negligence or wilful default:
7.2.1 unauthorised access to any confidential information accessible through Bank on line.
7.2.2 disruptions to Bank on line.
7.3 The Bank is not liable for:
7.3.1 loss or corruption of data, injury to reputation, business interruption, loss of revenue, goodwill, opportunity or anticipated savings.
7.3.2 any indirect or consequential loss.
7.4 The Bank does not guarantee that the Software is error free.
7.5 The Bank is not liable for any:
7.5.1 errors, failures or costs arising from any malfunction of the Customer's equipment or provision of services from the Customer's Internet Service Provider.
7.5.2 security-related information or advice provided by the Bank.
7.6 The Customer will indemnify the Bank against any claims, liabilities, costs, expenses, damages or losses (whether direct, indirect or consequential) that the Bank incurs from Instructions or operations affecting third party’s Accounts or any third party claim arising out of or relating to the Customer’s use or failure to use Bank on line.
EXCLUSIONS AND INDEMNITY. 8.1 Our general liability to you and your liability to us is set out in Our Service Relationship with Business Customers, which applies to Business Online Plus, together with the provisions set out below.
8.2 We are not liable for any loss arising from any cause beyond our control or arising from any of the following, unless caused by us or our third party supplier’s gross negligence or wilful default:
8.2.1 unauthorised access by any person to any confidential information accessible through Business Online Plus.
8.2.2 disruptions to or the unavailability of Business Online Plus.
8.3 We are not liable for:
8.3.1 loss or corruption of data, injury to reputation, business interruption, loss of revenue, goodwill, opportunity or anticipated savings;
8.3.2 any indirect or consequential loss;
8.3.3 errors, failures or costs arising from any malfunction of your equipment or provision of services from your Internet Service Provider;
8.3.4 security-related information or suggestions provided by us.
8.4 We do not guarantee that the software is error free.
8.5 You will indemnify us against any claims, liabilities, costs, expenses, damages or losses (whether direct, indirect or consequential) that we incur from instructions or operations affecting third party’s accounts or any third party claim arising out of or relating to your use or failure to use Business Online Plus.
8.6 We will not be responsible for any loss or damage to your data, software, computer, telecommunications or other equipment caused by using Business Online Plus unless caused solely or directly by our database default.
EXCLUSIONS AND INDEMNITY. 8.1 Our general liability to you and your liability to us is set out in Our Service Relationship with Business Customers, which applies to Commercial Online Banking, together with the provisions set out below.
8.2 We are not liable for any loss arising from any cause beyond our control or arising from any of the following, unless caused by us or our third party supplier's gross negligence or wilful default:
(a) unauthorised access by any person to any confidential information accessible through Commercial Online Banking.
(b) disruptions to or the unavailability of Commercial Online Banking.
8.3 We are not liable for:
(a) loss or corruption of data, injury to reputation, business interruption, loss of revenue, goodwill, opportunity or anticipated savings;
(b) any indirect or consequential loss;
(c) errors, failures or costs arising from any malfunction of your equipment or provision of services from your Internet Service Provider;
