12- Liability, Indemnities and Force Majeure

12.1. Our Liability

12.1.a. Subject to clause 12.1(c), to the maximum extent permitted by all Applicable Laws, we are not, under any circumstances, liable in any way for any loss or damage, whether direct, indirect, consequential or incidental, whether in tort, contract or otherwise arising out of use of our Platform or Services. This includes:
            any losses arising as result of us acting in accordance with these Terms or any other applicable terms and conditions;
            losses caused by you, or anyone acting on your behalf (including any Anticipated Person), providing incorrect information;
            corruption or loss of data or any information;
            malware or any other damage that may be caused to your computer or system as a result of use of the Platform or transmission of any information from us or any other person to you;
            interruptions, suspensions, delays or discontinuance of the Platform or any Services;
            the tax liability of you or any other User, nor for collecting, reporting, withholding or remitting any taxes arising from any use of our Services or Platform;
            losses caused by any User error by you or anyone acting on your behalf;
            losses arising out of unauthorised access or fraud in relation to your accounts or Services committed by you, your employee, officer or agent;
            losses caused by circumstances beyond our control, including any machine or system failure;
            losses arising from your use or inability to access our platform at any time, inaccurate content or information in any service we provide; or
            losses arising from faults in, or malfunction of, any equipment (including telecommunication equipment) which supports our website; and
            any loss relating to the content or omission of content from our site.

12.1.b. Subject to clause 12.1(c), we give no express warranties and disclaim and exclude all implied conditions or warranties, as to the Platform and the Services. Without limiting the foregoing, we do not:
            guarantee that the content is reliable, accurate or complete; and
            warrant that any of the functions in our site will be uninterrupted or error free.

12.1.c. Nothing in these Terms is intended to limit any rights or remedies a User may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.

12.1.d. Notwithstanding clause 12.1.a, 12.1.b and 12.1.c, if we are found to be liable for any loss, cost, damage or expense, our maximum aggregate liability to you will be limited to $5,000.

12.2. Indemnity

To the maximum extent permitted by law, you agree to indemnify us from, and hold us harmless from, and against all claims, damages, costs and expenses (including reasonable solicitor/client fees) that arise out of or relate to:
        your access and use of Platform and/or Services;
        your breach of the Terms or any other Platform policy; and
        any information you may provide.

12.3. Force Majeure

We do not accept liability, either directly or indirectly, for any loss, expense or cost incurred as result of any lack of performance, unavailability of the Platform and/or the Services, or a failure to comply with these Terms as a result of circumstances outside of our control including, but not limited to, changes of law or an event of force majeure.