Common use of Our liability is limited Clause in Contracts

Our liability is limited. 5.1 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees (as defined at clause 5.3 below), we are not liable to you for any loss or damage arising as a result of the following (except to the extent that loss or damages is caused by our negligence or fraud): 1. any unauthorised access to your Profile (including any Transactions subsequently made using our Services) where that unauthorised access is due to a breach of these Profile Terms by you; 2. any disruption caused by: a. a malfunction of all, or any part of, the technology we use to provide your Profile; or b. any period when all, or any part of, your Profile is unavailable; 1. subject to our compliance with the Privacy Act 2020,any loss or corruption of any data stored or held (including, but not limited to, copies of any documents related to a Transaction or your identity) on your Profile; 2. the creation and maintenance of your Profile. 5.2 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees (as defined at clause 5.3 below), we will not be liable for any indirect, special or consequential loss (including, without limitation, loss of profits or revenues (actual or anticipated), or otherwise resulting from your use and maintenance of a Profile). 5.3 Nothing in these Profile Terms limits, excludes or modifies, or purports to limit, exclude or modify, the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 (Non-Excludable Guarantees).

Our liability is limited. 5.1 Except for any liability that cannot be excluded by law, including the Non-Non- Excludable Guarantees (as defined at clause 5.3 below), we are not liable to you for any loss or damage arising as a result of the following (except to the extent that loss or damages is caused by our negligence or fraud): 1. any unauthorised access to your Profile (including any Transactions subsequently made using our Services) where that unauthorised access is due to a breach of these Profile Terms by you; 2. any disruption caused by: a. a malfunction of all, or any part of, the technology we use to provide your Profile; or b. any period when all, or any part of, your Profile is unavailable; 1. subject to our compliance with the Privacy Act 2020,any loss or corruption of any data stored or held (including, but not limited to, copies of any documents related to a Transaction or your identity) on your Profile;corruption 2. the creation and maintenance of your Profile. 5.2 Except for any liability that cannot be excluded by law, including the Non-Non- Excludable Guarantees (as defined at clause 5.3 below), we will not be liable for any indirect, special or consequential loss (including, without limitation, loss of profits or revenues (actual or anticipated), or otherwise resulting from your use and maintenance of a Profile). 5.3 Nothing in these Profile Terms limits, excludes or modifies, or purports to limit, exclude or modify, the statutory consumer guarantees as provided under the Consumer Guarantees Act 1993 1333 (Non-Excludable Guarantees).