Terms & Conditions
MX-5 Club of NSW Inc. Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by MX-5 Club of NSW Inc. are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, MX-5 Club of NSW Inc. will only be liable to you: pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of MX-5 Club of NSW Inc. is limited, at MX-5 Club of NSW Inc.’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; subject always to subclause (d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by MX-5 Club of NSW Inc..
(c) Subject to subclause (b), and except to the extent that liability cannot be excluded, MX-5 Club of NSW Inc., will not be liable to you for claims arising out of or in connection with your access and use of the MX-5 Club of NSW Inc. website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, MX-5 Club of NSW Inc. will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term MX-5 Club of NSW Inc. will mean MX-5 Club of NSW Inc., its officers, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
