Legal Disclaimer
Find Out More about FUMZUP™ Disclaimer Of Liability
To the full extent permitted by law, FUMZUP™, its related bodies corporate and their officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the Website including but not limited to all indirect, incidental, special and consequential damages or loss of profits or opportunity to any person even if such loss or damages were reasonably foreseeable.
If this provision in unenforceable in whole or in part in any jurisdiction due to relevant laws then in no event will the liability of FUMZUP™ to you for any damages, losses, claims or anything else exceed the lesser sum of AUD$1 and the amount paid by you, if any, for accessing this Website.
Without limitation to the foregoing and to the full extent permitted by law, FUMZUP’s liability, if any, for any breach of a condition or warranty implied by the Trade Practices Act or similar state and territory legislation in Australia which cannot be excluded is limited to any one or more of the following as determined by FUMZUP™ in its absolute discretion:
In the case of goods:
- The replacement or repair of the goods or the supply of equivalent goods; or
- The payment of the cost of repairing the goods or of supplying equivalent goods; and
in the case of services:
- The supply of the service again; or
- The payment of the cost of having those services supplied again.
In the event that any part of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other part of these Terms, which shall remain in full force and effect and shall be construed as if the invalid or unenforceable part were not part of these Terms.
No waiver of any obligation or right by FUMZUP™ shall be effective unless in writing and executed by FUMZUP™. No waiver of any breach of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
For more information please refer to our full Terms & Conditions and Privacy Policy