Disclaimer and Limitation of Liability
While the information, documents, products and materials contained on our website are believed to be accurate and current, it is provided by My Safety Works in good faith on an ‘as is’ basis. We, inclusive of our directors, officers, agents and employees, accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained within the documents, products and materials on our website.
Upon purchase you acknowledge and agree that any information, documents, products and materials are generic templates in nature only and are not designed to your business in particular.
Our documents and materials are fully editable to enable you to meet the specific needs of your business, and it is your responsibility to ensure that you use our documents and materials in a way that complies with all applicable laws and regulations, including (but not limited to) Work Health and Safety Acts, any relevant Work Health and Safety Regulations, and associated Codes of Practice and Australian Standards.
Certain legislation, including the Australian Consumer Law, Consumer and Competition Act, similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries, may confer you with rights and remedies relating to the provision of goods or services to you by us via the website which cannot be excluded, restricted or modified (Rights). We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, in particular:
- We expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these terms and conditions.
- We do not warrant that the website or your access to the website will be error free, that any defects will be corrected or that the website or the server which stores and transmits material to you are free of viruses or any other harmful components.
- We take no responsibility for, and will not be liable for, the website or the products being unavailable.
- We will not be liable for any loss, damage, costs (including legal costs) or expense, whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the website, inability to access or use the website, the products, the services, the late supply of products, or the terms and conditions, even if we were expressly advised of the likelihood of such loss or damage.
- Our total liability arising out of or in connection with the products, the services or the terms and conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the terms and conditions.