FLNT RETAIL DATA SUBSCRIPTIONS: TERMS OF ACCESS
FLNT Retail Pty Ltd (“FLNT RETAIL “) provides access to various proprietary data sources (“Data Access Services”, or “DAS”) to Clients subject to the following Terms of Access (“TOA”). In addition, when using the DAS, the Client shall be subject to any posted guidelines, rules or terms applicable to such DAS, which may be made known to the Client time to time (including via websites through which the DAS are provided). All such guidelines, rules or terms are hereby incorporated by reference into the TOA.
DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that augment or enhance the current DAS, including new releases, shall be subject to these or other applicable TOA. You also understand and acknowledge that FLNT RETAIL may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the DAS at any time without prior notice to the Client. You understand and agree that the DAS is provided “AS-IS” and that FLNT RETAIL assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings, or changes to the DAS FLNT RETAIL may make from time to time. The Client is responsible for obtaining access to the DAS, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, the Client must provide and is responsible for all equipment necessary to access the DAS.
The Client acknowledges and agree that the DAS, any FLNT RETAIL proprietary software (“FLNT RETAIL Software”) and any other necessary software provided in connection with the DAS contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to the Client through the DAS is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by FLNT RETAIL, the Client agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the DAS or the FLNT RETAIL Software or other software or materials, in whole or in part.
FLNT, all FLNT logos and product and service names are or may be trademarks of FLNT Pty Ltd (the “FLNT RETAIL Marks”). Except as solely enabled by any link as provided by FLNT Pty Ltd, the Client agrees not to display or use in any manner the FLNT Marks without FLNT Pty Ltd’s prior written consent.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to FLNT RETAIL through its suggestion or feedback web pages or otherwise, the Client acknowledges and agree that: (a) the Client’s Contributions do not contain confidential or proprietary information; (b) FLNT RETAIL is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FLNT RETAIL shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FLNT RETAIL may have something similar to the Contributions already under consideration or in development; (e) the Client’s Contributions automatically become the property of FLNT RETAIL without any obligation of FLNT RETAIL to the Client; and (f) the Client is not entitled to any compensation or reimbursement of any kind from FLNT RETAIL under any circumstances.
YOUR USE OF THE DAS
The Client will not (a) make the DAS available to any third party, or use the DAS for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, rent or lease any of the DAS, or include any of the DAS in a service bureau or outsourcing offering; (c) interfere with or disrupt the integrity or performance of the DAS or data contained therein/provided therethrough; (d) attempt to gain unauthorized access to any part of the DAS or its related systems or networks; (e) permit direct or indirect access to or use of any of the DAS in a way that circumvents a contractual usage limit, or use any Services to access, copy or use any of FLNT RETAIL intellectual property except as permitted under this TOA; (f) modify, copy, or create derivative works from the DAS or any part, feature, function or user interface thereof, including scraping of data, unless authorised in this TOA; (g) frame or mirror any part of any Service, other than framing on Customer’s own intranets or otherwise for its own internal business purposes; (h) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile the DAS to (1) build a competitive product or service; (2) build a product or service using similar ideas, features, functions or graphics of the DAS; (3) copy any ideas, features, functions or graphics of the DAS; or (4) determine whether the DAS are within the scope of any patent.
DAS CONTENT DATABASES
Subject to payment of fees specific by FLNT RETAIL, FLNT RETAIL will grant to the Client via the DAS access to a specified one or more sources of data (Content Databases).
FLNT RETAIL may impose additional terms in specific reference to the DAS when used in relation to specific Content Databases.
FLNT RETAIL may, at its sole discretion, limit technological means by which the Client may access any of the Content Databases, including (but not limited to) requiring that access be subject to a paid subscription to data visualisation services provided by FLNT Pty Ltd, and/or make use of particular data access/visualisation websites (for example www.FLNT.com.au). In the event that the Client has paid fees to FLNT RETAIL for a limited-term subscription in respect of a particular Content Database subject to defined limitations on technological means by which the Client may access that Content Database, FLNT RETAIL will not impose additional limitations during the limited term of that subscription.
Licensee may not resell any of the DAS in whole or in part. Licensee may only use the DAS or any Content Databases for its internal business purposes or use insubstantial extracts in external reports or presentations in accordance with these TOA and with proper attribution to FLNT RETAIL (for example in the approved form set out in DATA ATTRIBUTION in these TOA); in permissible cases, the data/information used may not exceed twenty percent (20%) of the total content. The Client is strictly prohibited from marketing, selling or publishing any pricing indices, valuation models, derivatives or other products based in whole or in part upon the DAS or any Content Databases. The Client may use and copy DAS or any Content Databases only as expressly provided by this Agreement. Licensee may copy the DAS or Content Databases to the extent reasonably necessary to exercise its rights and perform its obligations under this TOA. Except as expressly provided by this TOA, the Client shall not, nor shall it permit any other person to:
(a) make or retain any copy of the DAS or any Content Databases except for insubstantial extracts in accordance with the terms of this TOA, however, such insubstantial extracts may not be accessed electronically, manipulated or distributed by the Client;
(b) use the DAS or any Content Databases as part of any effort to compete with FLNT RETAIL or any associated entity, including FLNT Pty Ltd (“FLNT Entity), including without limitation, using the DAS or any Content Databases to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of any FLNY Entity’s sales from an existing or potential client;
(c) access, monitor or copy any content or information provided via the DAS the purposes of data mining, report mining, data scraping, screen scraping or other unauthorized data collection, including without limitation, using any robot, spider, scraper or other automated means or any manual process without FLNT RETAIL’s express written permission;
(d) take any action that imposes, or may impose, in FLNT RETAIL’s sole discretion, an unreasonable or disproportionately large load on FLNT RETAIL’s infrastructure;
(e) violate the restrictions in any robot exclusion headers associated with the DAS or bypass or circumvent other measures employed to prevent or limit access to Licensor’s Web Site;
(f) sell, market, license, sublicense, distribute, or otherwise grant to any person any right to the DAS or Content Databases;
(g) display or create derivative works from the DAS or Content Databases;
(h) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the DAS or Content Databases, or fail to preserve all copyright and other proprietary notices in any copy of the DAS or Content Databases made by any FLNT Entity; or
(i) take data obtained from the use of the DAS or Content Databases, in any form, whether exported/downloaded directly via the DAS or any FLNT Entity website, or provided to by any other means, and upload or input such data into any third party data exchange or data sharing platform, whether it be a free or paid for service.
All rights not explicitly granted under this TOA are expressly reserved by and to FLNT RETAIL.
The Client shall ensure that any reproduction of all or a part of the DAS or Content Databases includes the following notice: “POWERED BY FLNT”.
FEES AND PAYMENT
The Client will pay all fees specified by FLNT RETAIL. Except as otherwise specified herein: (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancellable and fees paid are non-refundable; and (iii) quantities purchased cannot be decreased during the relevant subscription term.
FLNT RETAIL may set fees for a Client in respect of an agreed subscription period. FLNT RETAIL may inform the Client that access to the DAS will automatically renew for a subsequent subscription period, and in such case will inform the Client of fees payable to FLNT RETAIL in respect of that subsequent subscription period at least 30 days prior to any such automatic renewal.
If any invoiced amount is not received by FLNT RETAIL by the due date, then without limiting FLNT RETAIL’s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) FLNT RETAIL may condition future renewals on revised payment terms.
If any charge owing by the Client under this or any other agreement for services is 7 days or more overdue, FLNT RETAIL may, without limiting its other rights and remedies, suspend Services until such amounts are paid in full.
The Client may terminate the Client’s account at any time. The Client will not receive full or partial refunds for subscription periods that the Client has purchased. Terminating a subscription for one Charged Offering does not necessarily terminate right(s) the Client may have for another Charged Offering, other portion of the DAS, software or other offerings from FLNT RETAIL.
Neither these TOA nor the Client’s account entitle the Client to any subsequent releases of the DAS, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the DAS without paying applicable charges or except as otherwise expressly and explicitly provided by FLNT RETAIL.
YOUR REGISTRATION OBLIGATIONS
In consideration of the Client’s use of the DAS, the Client represents that the Client is of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. In order to access or use certain Services, the Client may be required to provide certain information about the Client’s self (“Registration Data”) as part of the registration process for the DAS, or as part of the Client’s continued use of the DAS. You also agree to: (a) provide true, accurate, current and complete Registration Data as prompted or requested by the DAS and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You understand and agree that the DAS may include certain communications from FLNT RETAIL, such as service announcements and administrative messages, and that the Client may not be able to opt out of receiving them. If the Client provides any information that is untrue, inaccurate, not current or incomplete, or FLNT RETAIL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FLNT RETAIL has the right to suspend or terminate the Client’s account, prevent the Client’s access to any or all portion of the DAS and or Content (or other users’ access to the Client’s Content) and refuse any and all current or future use of the DAS (or any portion thereof) or Content. You certify that the Client is at least 18 years old; if the Client is not, the Client may not register for or use the DAS.
ACCOUNT, PASSWORD AND SECURITY
As part of the Client’s use of the DAS, the Client may receive a password and account designation upon completing the DAS’s registration process. The Client is responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under the Client’s password or account. The Client agrees to: (a) immediately notify FLNT RETAIL of any unauthorized use of the Client’s password or account or any other breach of security, and (b) ensure that the Client exits from the Client’s account at the end of each session. FLNT RETAIL cannot and will not be liable for any loss or damage arising from the Client’s failure to properly safeguard the Client’s account or password.
DISCLAIMER OF WARRANTIES
The Client expressly understands and agree that: (a) the Client’s use of the DAS is at the Client’s sole risk, the DAS is provided on an “as is” and “as available” basis and FLNT RETAIL and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement; (b) FLNT RETAIL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the DAS will meet the Client’s requirements, (ii) the DAS will be uninterrupted, timely, secure or error-free, (iii) the results or information that may be obtained from the use of the DAS will be accurate or reliable, (iv) the quality of any products, Services, information or other material obtained by the Client through the DAS will meet the Client’s expectations, and (v) any errors in the DAS will be corrected; (c) any material downloaded or otherwise obtained through the use of the DAS is accessed at the Client’s own discretion and risk, and the Client will be solely responsible for any damage to the Client’s computer system or loss of data that results from the download or use of any such material; and (d) no advice or information, whether oral or written, obtained by the Client from FLNT RETAIL or through or from the DAS shall create any warranty not expressly stated in the TOA. The Client may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the minimum period allowed by law.
LIMITATION OF LIABILITY
The Client expressly understands and agree that FLNT RETAIL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to the Client (to the extent permitted by law) for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FLNT RETAIL has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the DAS; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from or as a result of the DAS; (iii) unauthorized access to or alteration of the Client’s transmissions or data; (iv) statements or conduct of any third party on the DAS; or (v) any other matter relating to the DAS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to the Client.
To the maximum extent permitted by law, the aggregate liability of FLNT RETAIL under or in relation to provision of the DAS to the Client arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the DAS provided by FLNT RETAIL to the Client and which directly led to FLNT RETAIL’s liability arising.
The Client agrees to indemnify and hold FLNT RETAIL and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to the Client’s violation of the TOA.
The Client agrees that FLNT RETAIL may immediately terminate the Client’s FLNT RETAIL account, and access to the DAS, with cause for such termination including, but not be limited to: (a) breaches or violations of the TOA or other incorporated agreements or guidelines (although FLNT RETAIL may at its own discretion provide the Client with a time-limited opportunity to remedy such a breach or violation), included suspected breaches where FLNT RETAIL finds reasonable cause for such suspicion; (b) requests by law enforcement or other government agencies, (c) a request by the Client (self-initiated account deletions), (d) discontinuance or material modification to the DAS (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by the Client in fraudulent or illegal activities, (h) non-payment of any fees owed by the Client in connection with the DAS within seven days of a payment date designated by FLNT RETAIL; and/or (i) insolvency of the Client.
All rights and remedies accrued at the time of termination and the disclaimers, indemnities, limitations of liability, obligations in relation to intellectual property and privacy will survive termination of these TOA. FLNT RETAIL will not be obliged to refund any amounts paid by the Client in the event of termination under this clause.
Termination of the Client’s FLNT RETAIL account includes: (a) removal of access to all offerings within the DAS, (b) deletion of the Client’s password and all related information, files and content associated with or inside the Client’s account (or any part thereof), and (c) barring of further use of the DAS. Further, the Client agrees that all terminations shall be made in FLNT RETAIL’s sole discretion and that FLNT RETAIL shall not be liable to the Client or any third party for any termination of the Client’s account, any associated email address, or access to the DAS or Content.
FLNT RETAIL is subject to change data delivered via the DAS at any time without notice. The DAS are provided as an aid to decision making and any material contained within is not intended as a substitute for equivalent professional advice in any given field. FLNT RETAIL uses reasonable endeavours to provide current and accurate data via the DAS, however such data may contain errors. FLNT RETAIL does not represent that the such data is current, accurate or complete, or that it is appropriate for the Client’s specific requirements. FLNT RETAIL does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided via the DAS or any website linked from it.
FLNT RETAIL has a highly effective and well managed virus, rookit and anti-spam system, however it does not warrant or represent that its products and services will be free of viruses or defects in operation or design.
This TOA is subject to occasional revision, and if we make any substantial changes, we may notify the Client by sending the Client an e-mail to the last e-mail address provided to us by the Client (if any) and/or by prominently posting notice of the changes on our site. Any changes to this TOA will be effective no later than seven (7) calendar days following our posting of notice of the changes on our Site. Continued use of our Service following notice of such changes shall indicate the Client’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The TOA constitutes the entire agreement between the Client and FLNT RETAIL concerning the Client’s use of the DAS, superseding any prior agreements between the Client and FLNT RETAIL with respect to the DAS. The Client also may be subject to additional terms and conditions that may apply when the Client uses or purchase certain other FLNT RETAIL services, affiliate services, third-party content or third-party software. The TOA and the relationship between the Client and FLNT RETAIL shall be governed by the laws of the State of New South Wales in Australia. You and FLNT RETAIL agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales in Australia. The failure of FLNT RETAIL to exercise or enforce any right or provision of the TOA shall not constitute a waiver of such right or provision. If any provision of the TOA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOA remain in full force and effect. The section titles in the TOA are for convenience only and have no legal or contractual effect. The Client is not permitted to assign any rights, benefits or obligations under the TOA.
These Terms and Conditions (LIS Terms) govern the relationship between users of LIS products, and Leasing Information Systems Pty Limited ABN 86 607 765 097.
You must read these LIS Terms and Conditions carefully before you complete and submit a LIS Subscription form and contact LIS if you have any questions. By submitting a LIS Subscription form you agree to be bound by these LIS Terms and Conditions.
These are the terms on which Leasing Information Systems Pty Ltd (LIS) permits YOU (the individual whose name and details are specified in the Subscription Agreement) to access and use the MPV2 Application (MPV2V2) provided via the LIS website www.leaseinfo.com.au . If YOU do not agree to these Terms, You may not use or access the MPV2 Application.
References to these Terms include all terms set out in this document and include any amendments made from time to time.
MPV2 is a purpose built ‘Lease Management Software Application” and is only available to existing subscribers to Leasing Information Systems.
The MPV2 program has two components:
- The LeaseInfo Online Data Entry module
- The MPV2 display tab located within the LIS main website
On the MPV2 display tab there are two sections:
- User generated data ( i.e data that you have entered as a subscriber to MP2) and
- Publicly registered data which relates to your portfolio
- Use of the Website and Fees
a. The Website is operated by Leasing Information Systems (‘LIS’). To use, access or subscribe to the Services, You must agree to all these terms and where applicable pay the subscription fees for the Services as published by LIS from time to time (Fees).
b. You are permitted to access and use MP2 for the sole purpose of managing your MPV2 own lessee portfolio.
c. The services offered in MPV2 are available for purchase only by companies or other entities or those individuals over 18 years of age who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility.
d. The Website, MPV2 and the information and other material contained in the Website excluding content owned by You pursuant to the Subscription Agreement, whether visual, written, or audible (Content) and any additional materials, software or information associated with MPV2 are confidential to and owned or licensed by LIS (Confidential Information). You are permitted to view the Content from the Website only for the purpose of Your own use in connection with MPV2.
e. All other reproduction, modification or communication of any part of the Website is prohibited except with the express written permission of LIS. Except to the extent that this right cannot legally be excluded, You must not disassemble, decompile, or reverse engineer any part of the Website. Copyright in all works and subject matter other than works including without limitation the design and layout of the Website is owned by LIS.
f. The Website contains trade marks which may be registered or otherwise protected by law. These include LIS name and logo and the logos of various LIS products, and the trade marks of third parties. You are not permitted to use these trade marks without LIS’s prior written consent.
g. You acknowledge that a breach of these Terms may infringe not only the rights of LIS, but its licensors. To the extent of Clause 9.1 of these Terms, You agree to indemnify LIS in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of your breach of these Terms.
h. In accessing the Website and Services You must comply with any User Conduct Policies published by LIS from time to time on the Website. It is your responsibility to check the Website regularly to keep up to date with these policies.
i. It is vital that any information uploaded by You to MPV2 is retained and backed up by You elsewhere. LIS will not be liable in the event of a failure by You to retain and/or backup such information.
- Passwords, Access and Maintenance
a. You will be provided with a username (s) and password(s) to both modules of MPXV2. You agree that You will not disclose, or permit disclosure of the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses or uses the Website using the Password, as if they were Your own acts and omissions. LIS will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and You will indemnify LIS against all loss, damage, claims, costs or demands in this regard.
b. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify LIS of any Password which is lost, inoperable or used in an unauthorised manner.
c. Lease Manager is synced at the time of the user uploading the data. All the user generated that is stored in separate database tables to the main database. This is data is hosted externally to Leasing Information Systems BY Amazon Web Servers (AWS).
d. LIS and its employees are not able to view this data directly, however, the database is administered by Leasing Information Systems for the purpose of administration and technical performance and support.
- Terms and Renewal
a. These Terms are effective from the date on which LIS receives Your completed Subscription Agreement and applicable Fees and your registration will continue for a minimum term of 12 months and continue until such time that your subscription to MPV2 lapses, or your notify LIS that You no longer require access to the Website and/or MPV2.
b. In the event that you subscribe to additional services prior to the expiry of the initial term, your registration will automatically continue until the expiration of your subscription to the services that are purchased.
c. Subject to the specific provisions of the Subscription Agreement, LIS may notify You of changes to MPV2, the Fees or these Terms by displaying any amended conditions on the Website. The most recently published conditions will apply when You renew Your registration or subscription to MPV2 on the Website. It is Your responsibility prior to any renewal to read the published conditions, which may modify or replace these Terms, and determine whether You wish to renew Your registration or subscription.
d. Any lease or other data source which becomes in the public domain relating to your portfolio and which is obtained by LIS will be allowed to be displayed on the main LIS website. It is expressly agreed that nothing in this agreement will prevent LIS from displaying leases that are in the public domain.
a. LIS may terminate the Services and Your licence to use the Website at any time immediately and without notice if You become insolvent, or if You breach any of these Terms, and do not effect remedy of such breach within 30 days of LIS requesting such.
b. All rights and remedies accrued at the time of termination and the disclaimers, indemnities, limitations of liability, obligations in relation to intellectual property and privacy will survive termination of these Terms.
c. LIS will not be obliged to refund any amounts paid by You in respect of MPV2, the Website or these Terms if Your licence to use MPV2 or the Website is terminated under this clause 4.
d. In the event that you terminate or upon request, the user generated data that has been entered by you will be deleted permanently from the system.
a. LIS undertakes to provide confidentiality and data security for the user generated data.
b. It is the responsibility of the user to check that the user generated data is completely accurate
a. These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
b. LIS does not warrant or represent that the Website or MPV2 are appropriate for use outside Australia, where such use may be illegal, or may infringe any person’s rights.
a. The Content of the Website is subject to change at any time without notice. The Website and the Services are provided for personal use only and any material contained within is not intended as a substitute for equivalent professional advice in any given field. LIS uses reasonable endeavours to provide current and accurate Content, however the Website and the Content may contain errors. LIS does not represent that the Content is current, accurate or complete, or that it is appropriate for Your specific requirements. LIS does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Website or any website linked from it. Content is not deemed to include data, documents or objects which are uploaded to the Client’s own database by You, via the Website.
b. LIS has a highly effective and well managed virus, rookit and anti – spam system, however it does not warrant or represent that the Website will be free of viruses, defects in operation or design. It is your responsibility to ensure that your systems are free from viruses, malware, spyware, cookies, corrupted data or other harmful, disruptive or destructive files. These could affect the performance of Lease Manager or other LIS software.
- Links from the Website
a. You are not permitted to link to or frame the Website without LIS’s express written permission.
a. Subject to the provisions of Clause 10, the liability of either party to this Agreement shall be limited in value to 100% of the Fees for the Services paid by the Customer under this Agreement In the 12 months prior to the then current claim arising. Notwithstanding any other provision of this Agreement (or any other agreement between LIS and the Customer) neither party will be liable to the other for any indirect or consequential loss or damage arising out of either party’s breach of this Agreement or the failure of the Services.
b. LIS and its related bodies corporate will not in any case be liable for: (a) any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data; or (b) without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed; arising out of or in connection with these Terms, the Website, or the Services.
c. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of LIS for a breach of such non-excludable condition or warranty is limited, at LIS’s option, to:
i. In the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
ii. In the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
a. You will fully indemnify LIS in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under status, in connection with any of the following:
i. any breach of these Terms by You;
ii. You use of the Website;
iii. Any loss or consequence arising out of a failure to receive an email or transmission; or
iv. Any loss or consequence arising out of a failure to act on user generated or public data
a. Each provision of these Terms is severable from the others and no severance of a provision will affect any other position. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.