The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on the user in relation to the provision of Total Insurance of goods or services on the website which cannot be excluded, restricted or modified (“non-excludable rights”).
Total Insurance does not exclude any Non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable rights:
a) all content is provided “as is” and without warranties of any kind, either express or implied,
b) Total Insurance and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) Total Insurance does not warrant that the functions contained in any content or any public interface or user access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to the user are free of viruses or any other harmful components,
d) Total Insurance does not warrant or make any representation regarding the users access to, or the results of the users access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
e) the user (and not Total Insurance) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
Under no circumstances (including but not limited to any act or omission on the part of Total Insurance) will Total Insurance or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any content.
The user expressly acknowledges and agrees that Total Insurance does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.To the fullest extent permitted by law, Carrier’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Total Insurance to the following:
To the fullest extent permitted by law, Carrier’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Total Insurance to the following:
in the case of services supplied or offered by Total Insurance,
a) the supply of the services again, or
b) the payment of the cost of having services supplied again;
and in the case of goods supplied or offered by Total Insurance,
c) the replacement of the goods or the supply of equivalent goods,
d) the repair of such goods,
e) the payment of the cost of replacing the goods or acquiring equivalent goods, or
f) the payment of the cost of having the goods repaired.