All express or implied guarantees, warranties, representations, statements, terms and conditions relating to the Account and Services that are not contained in these Terms are excluded to the maximum extent permitted by law.
In particular, and without limiting paragraph (a):
while we endeavour to provide convenient and functional Services, we do not guarantee that your requirements will be met or that your use of the Services will be uninterrupted error free or that the Services are free of viruses or other harmful components; and
we cannot be responsible for any loss, corruption or interception of data sent to or from our Services which occurs outside of our computer system (such as those which occur while being sent over the internet).
If any guarantee, term, condition or warranty is implied into these Terms under the Australian ConsumerLaw or any other applicable legislation (“Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to paragraphs (f) and (g) our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Services whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to A$100.
Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
special, indirect, consequential, incidental or punitive damages; or
damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You represent and warrant that:
the individual accepting these Terms has all necessary power, capacity and authority to bind you to the Terms;
you have the necessary power, capacity and ability to fulfil your obligations under these Terms;
your use of the Services will not contravene any applicable law or regulation;
all material you have provided to us is true and accurate and is not misleading or deceptive and that you will immediately notify us if this ceases to be the case;
you will only use the Services in accordance with these Terms;
you will comply with all applicable laws of Australia and any other jurisdiction in which or from which you use the Services;
your use of the Services and entering into transactions does not infringe the rights of any third party or any applicable law; and
you understand that your use of the Services may be suspended at any time at our discretion for breach of these Terms or at the request of any government authority investigating a fraud or other suspicious activity.
You agree to indemnify RelayPay and its officers, directors and employees from and against any claims, costs, losses, liabilities, damages, expenses and judgements of any kind (including legal fees on an indemnity basis) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry or other proceeding instituted by a person or entities that arises or relates to:
your breach of these Terms;
any dealings, contracts or arrangements between you and the Customer;
any Transaction processed by us in accordance with these Terms;
your refund policy or any Refund which you are required by law or otherwise to make to a Customer, except to the extent caused or contributed by RelayPay.