Common use of Warranties, liability and indemnities Clause in Contracts

Warranties, liability and indemnities. (a) Ownership of any work product or output created by the Staff in the performance of services under this agreement belongs to You. (b) Sudo Staff warrants it will use reasonable care and skill in supplying the Services and that the services will have the characteristics specified in the Order. (c) Sudo Staff provides no warranty that any particular outcome, result or goal can or will be achieved or reached by any date, or that the Services will have any attributes or characteristics that are not specified in the Order. (d) You warrant and agree that the Services are not and will not be used for personal, domestic or household use or consumption. (e) Without limiting the other provisions of this agreement, You and We agree that, except in the case of death or personal injury caused by Sudo Staff’s negligence, the liability of Sudo Staff for any Claim made under or in connection with this agreement is limited to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again. (f) You will indemnify and hold harmless Sudo Staff against all Claims, and pay to Us all Losses we suffer as a result of any Claims made against Us or our employees, contractors or Personnel (including Staff) by any person in respect of, or arising out of, any action You have taken or have instructed others to take, or the Staff have taken in accordance with your specific direction or consistently with your general directions. (g) Each of the Parties acknowledge that, in entering this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement and in the Order, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law. (h) Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill. (i) To the maximum extent permitted by applicable law, Sudo Staff excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of Your data or for any indirect or consequential loss arising out of or relating to the Services, or this Agreement. (j) Sudo Staff’s limitations and exclusions of liability as set out in this clause apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

Warranties, liability and indemnities. (a) Ownership of any work product or output created by the Staff in the performance of services under this agreement belongs to You. (b) Sudo Staff warrants it will use reasonable care and skill in supplying the Services and that the services will have the characteristics specified in the Order. (c) Sudo Staff provides no warranty that any particular outcome, result or goal can or will be achieved or reached by any date, or that the Services will have any attributes or characteristics that are not specified in the Order. (d) You warrant and agree that the Services are not and will not be used for personal, domestic or household use or consumption. (e) Without limiting the other provisions of this agreement, You and We agree that, except in the case of death or personal injury caused by Sudo Staff’s negligence, the liability of Sudo Staff for any Claim made under or in connection with this agreement is limited to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again. (f) You will indemnify and hold harmless Sudo Staff against all Claims, and pay to Us all Losses we suffer as a result of any Claims made against Us or our employees, contractors or Personnel (including Staff) by any person in respect of, or arising out of, any action You have taken or have instructed others to take, or the Staff have taken in accordance with your specific direction or consistently with your general directions. (gf) Each of the Parties acknowledge that, in entering this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement and in the Order, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law. (hg) Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill. (i) To the maximum extent permitted by applicable law, Sudo Staff excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of Your data or for any indirect or consequential loss arising out of or relating to the Services, or this Agreement. (j) Sudo Staff’s limitations and exclusions of liability as set out in this clause apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

Warranties, liability and indemnities. (a) Ownership of any work product or output created 10.1 The Service will be provided by the Staff in the performance of services under this agreement belongs to Youus using reasonable care. (b) Sudo Staff warrants it will 10.2 Other than as specifically set out in these Terms, all warranties, including any implied warranties for fitness for use reasonable care and skill in supplying or merchantability or any other duties required under common law are excluded to the Services and that the services will have the characteristics specified in the Orderextent permitted by law. (c) Sudo Staff provides no warranty that any particular outcome, result or goal can or will be achieved or reached by any date, or that the Services will have any attributes or characteristics that are not specified in the Order. (d) You warrant and agree that the Services are not and 10.3 We will not be used liable for personalany special, domestic indirect or household consequential damages or damages resulting in, any loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence or under any other tortious action while providing the Service to you or as a result of your use or consumptionof the Service. (e) 10.4 We do not warrant and are not liable for any actions, omissions or information provided by any other person using the Service or any Practitioner. Without limiting the previous sentence, we make no warranty and are not liable for the content or quality of any healthcare consultation that takes place via or is conducted through the Service. 10.5 We do not guarantee that a video consultation is the appropriate course of treatment for a particular healthcare problem. 10.6 We do not warrant that the materials on, in or available via our website will be suitable for any particular purpose. We cannot and do not make any warranties about any communications or information that might be made between or given to you by any person(s) with whom you use the Service to communicate as we are in no way in control of the content of any such communications. 10.7 Access to the Service and all parts of it is provided on a strictly “as is” basis. 10.8 We do not warrant that the Service will be fit for any specific purpose other provisions than as a means of communication between individuals, including a patient and a health provider. 10.9 We do not warrant that your use of the Service will yield any particular result for you nor that it will meet any needs you may have. 10.10 In consideration for being given access to the Service, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of any part of the Service, or reliance by you or any person upon information contained within or made available via the Service. 10.11 In further consideration for being given access to the Service, you further release and forever discharge us, our employees, servants and agents and each of them from any claim or demand of any nature whatsoever associated with or arising out of any part of the Service that you have, had or but for this agreementclause would have had against any of the parties so released. 10.12 Subject to our compliance with these Terms, You you will be liable for and We agree thatindemnify us, except in the case our employees, servants and agents and each of death them jointly and severally against any loss, damage, expense or personal injury caused by Sudo Staff’s negligencecost of any nature, the or any claim or liability of Sudo Staff any nature brought against or incurred by any of them (including, without limitation, full solicitor and client legal costs on an indemnity basis), that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of the Service or from any breach by you of these Terms. 10.13 Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. These Terms must be read and interpreted subject to such statutory provisions or any other similar provisions. 10.14 Our liability and that of our employees, servants or agents for any Claim made under breach of any condition or in connection with this agreement warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to: (ia) the supplying supply of the relevant goods or services again; or (iib) the payment of the cost of having the goods or services supplied againagain or repaired. (f) You will indemnify and hold harmless Sudo Staff against all Claims, and pay to Us all Losses we suffer as a result of any Claims made against Us or our employees, contractors or Personnel (including Staff) by any person in respect of, or arising out of, any action You have taken or have instructed others to take, or the Staff have taken in accordance with your specific direction or consistently with your general directions. (g) Each of the Parties acknowledge that, in entering this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement and in the Order, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law. (h) Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill. (i) To the maximum extent permitted by applicable law, Sudo Staff excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of Your data or for any indirect or consequential loss arising out of or relating to the Services, or this Agreement. (j) Sudo Staff’s limitations and exclusions of liability as set out in this clause apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

Warranties, liability and indemnities. (a) Ownership 6.1 Subject to and without limiting the generality of clause 2.10 above, our products and services will be provided by us using our usual standards, skill and reasonable care. If, during the course of providing our products or services, we make use of the goods or services of a third party, we make no warranty, guarantee or any work product other statement as to their quality, fitness for purpose or output created by the Staff in the performance of services under this agreement belongs to You. (b) Sudo Staff warrants it otherwise. If possible, we will use reasonable care and skill in endeavours to assign to you the benefit of any warranty, guarantee or indemnity given by the party supplying the Services and that the such goods or services will have the characteristics specified in the Orderto us. 6.2 We warrant that if you have purchased a copy of a work from our website (c) Sudo Staff provides no warranty in any language), you are entitled to use our translation services via our website to obtain a translation of that any particular outcome, result or goal can or will be achieved or reached by any date, or that the Services will have any attributes or characteristics that are not specified in the Orderwork into another language. 6.3 If you upload to our website any works which you did not purchase or download from our website, with a view to using our translation services to translate that work into another language, you warrant to us (dand we expressly disclaim any warranty to you) You warrant that you are entitled to upload that work to our site and agree that to obtain a translation of it using our translation services. 6.4 Should any damages suffered by you arise as a result of faulty, incorrect, incomplete or improperly provided information or documentation provided by you, there shall be no liability whatsoever on our part. 6.5 There shall be no service warranties except for those provided in this Agreement. All other warranties, including any implied warranties for fitness for use or merchantability or any other duties required under common law are excluded to the Services are not and extent permitted by law. We will not be used liable for personalany special, domestic indirect or household consequential damages or damages resulting in, any loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence or under any other tortious action while providing the products or services to you or as a result of your use of our products or consumptionservices. (e) Without limiting 6.6 We do not warrant and are not liable for any actions, omissions or information provided by any other person using our website, products or services. 6.7 We do not warrant that the materials on, in or available via our website, products or services will be suitable for any particular purpose. Access to the materials is provided on a strictly “as is” basis. 6.8 We do not warrant that your use of our website, products or services will be fit for any specific purposes other provisions of this agreementthan, You and We agree that, except in the case of death or personal injury caused by Sudo Staff’s negligenceour products and services, those we tell you at the liability time of Sudo Staff provision of those products and services to you. 6.9 We will not be liable for any Claim disruptions to this website including unavailability due to mechanical, telecommunication, software and other failures. 6.10 In consideration for being given access to our website, products or services, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of our website, products or services or any of the links provided on, in or via the website, products or services or reliance by you or any person upon information contained within or made under available via our website, products or services. 6.11 In further consideration for our supply of our goods and/or services to you, you further release and forever discharge us, our employees, servants and agents and each of them from any claim or demand of any nature whatsoever associated with or arising out of any of (or any use of or reliance upon) our goods or services (other than non-delivery due to our wilful default) that you have, had or but for this clause would have had against any of the parties so released. 6.12 Subject to our compliance with the terms of this Agreement, you will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of our website, products or services or any of their contents or from any breach by you of these terms and conditions (including any breach of warranty by you in connection with this agreement Agreement). 6.13 Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. This Agreement must be read and interpreted subject to such statutory provisions or any other similar provisions. 6.14 Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to: (ia) the supplying supply of the relevant goods or services again; or (iib) the payment of the cost of having the goods or services supplied againagain or repaired. (f) You will indemnify 6.15 This website and hold harmless Sudo Staff against all Claimsthe products and services available from it may be accessed from other countries even though controlled and operated from Australia. We make no representations or warranties that the products or services are appropriate for use or access in other locations. If you access and use the products or services outside of Australia, and pay to Us all Losses we suffer as a result of any Claims made against Us or our employees, contractors or Personnel (including Staff) by any person in respect of, or arising out of, any action You have taken or have instructed others to take, or the Staff have taken in accordance with your specific direction or consistently with your general directions. (g) Each of the Parties acknowledge that, in entering this agreement, it does not you do so at your own risk and are responsible for complying with all laws that may apply to you both in reliance on any representation, warranty or other provision except as expressly provided in this agreement Australia and in the Order, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law. (h) Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill. (i) To the maximum extent permitted by applicable law, Sudo Staff excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of Your data or for any indirect or consequential loss arising out of or relating to the Services, or this Agreement. (j) Sudo Staff’s limitations and exclusions of liability as set out in this clause apply regardless of the basis on which place where you access the relevant liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwiseproducts and services.