The Competition and Consumer Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Wesley College of goods or services on the site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Wesley College 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) Wesley College 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) Wesley College does not warrant that the functions contained in any Content or any Communications Facility or your access to the site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Wesley College does not warrant or make any representation regarding your access to, or the results of your access to, the site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Wesley College) 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 Wesley College) will Wesley College or its Affiliates 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 site or any Content. You expressly acknowledge and agree that Wesley College does not exert control over users of the site (including individuals referred to on the site as guests and experts) 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, Wesley College’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Wesley College to the following: in the case of services supplied or offered by Wesley College, (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 Wesley College, (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.
Intellectual property and restrictions on use of Content on the Wesley College Website