MYOB ACCOUNTRIGHT LIVE TERMS OF USE 2013 PART 4
6 LIABILITY, WARRANTIES, REPRESENTATIONS AND INDEMNITIES
Subject to section 1 and to the extent permitted by law:
a Liability for guarantees, conditions or warranties
i. Our maximum aggregate liability to you: (A) for failure to comply with a consumer guarantee in respect of the supply, failure to supply or unavailability of MYOB AccountRight Live; or
(B) for loss or damage suffered by you as a result of any misrepresentation, negligence, default or breach of these Terms by MYOB, is limited, at MYOB’s option in its sole discretion to:
(C) the resupply of MYOB AccountRight Live; or (D) the payment of the cost of resupply of MYOB AccountRight Live, and all representations, conditions, warranties and terms (including claims in relation to our performance, the performance of MYOB AccountRight Live or any service associated with MYOB AccountRight Live) that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).
ii. You acknowledge and agree that nothing in these Terms is intended to limit any of the liability terms and exclusions set out in the software licence agreement for your MYOB AccountRight product.
b When we and Third Parties will not be liable to you We and Third Parties (including Microsoft and BankLink) are not responsible or liable to you or the Business for: i. any Loss or Claim relating to the provision of the data (including Bank Statement Information) made available through MYOB AccountRight Live, including delays, disruptions, inaccuracies or the loss of data;
ii. any Loss or Claim relating to your use of, or reliance upon data (including Bank Statement Information) provided to you through MYOB AccountRight Live;
iii. the actions or inaction of Third Parties or other persons (including those which may be negligent or unauthorised) relating to MYOB AccountRight Live;
iv. any Loss or Claim arising from a failure by us to comply with the Terms for any cause which could not reasonably be controlled or prevented by us; or
v. any Loss or Claim arising from a failure by you or the Business to maintain back up copies or archive records of your data.
c Indemnity to us and Third Parties i. You indemnify us, our staff and Third Parties (including Microsoft and BankLink) (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your action including negligence, misrepresentation, fraud, breach of law or breach of the Terms. You indemnify the Indemnified Parties for any Loss or Claim suffered or incurred from the unauthorised use of your Username or a Password. ii. If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section (c)(i) above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
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