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15. Liability and Indemnity

 

15. Liability and Indemnity

 

     15.1 Subject to those provisions of the Competition and Consumer Act 2010 (Cth.), and any other rights implied by law, which cannot be excluded by agreement between parties:  

 

          (a) we make no warranty, either express or implied, as to merchantability, fitness for a particular purpose or otherwise (including their accuracy, currency, availability, completeness or quality) with respect to the goods or services supplied under these Terms and Conditions, the CHESS Sponsorship Agreement and the Third Party Clearer’s Direct Debit Request Service Agreement.  

     

          (b) we exclude all liability in contract, tort (including negligence) or otherwise relating to or resulting from the use of the Service and for any loss incurred by you directly or indirectly including without limitation as a result of or arising out of any inaccuracy, error or delay in or omission from any information provided to you under the Conditions, the CHESS Sponsorship Agreement and the Third Party Clearer’s Direct Debit Agreement (including the Service and the service provided to you by the information providers and Service Providers), and delays, failures or inaccuracies in the transmission of the Service to you or the service provided by information providers and service providers, transmission of your orders or instructions, Confirmations, or any other communication.  

 

          (c) any loss or liability arising from the acts or omissions of third parties, such as the ASX, ASX Clear, ASX Settlement, ISPs, information providers and other service providers;  

 

          (d)  any theft, alteration, addition or loss of data by third parties;  

 

          (e) any interception by a third party of any electronic communication from us to you.  

 

     15.2 Our liability shall in any event be limited to the re-supply of the Service.  

 

     15.3 You indemnify us and all of our officers, employees, agents, related parties and associates against any loss incurred by any or all of them as a result of your use of the Service, us relying upon and acting in accordance with any instruction provided by you (whether by electronic communication or otherwise), your failure to settle any transaction by the due date or any failure by you to strictly comply with these Terms and Conditions, the CHESS Sponsorship Agreement or the Third Party Clearer’s Direct Debit Request Service Agreement.

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