3. Disclaimer of Warranties
- Central Element does not warrant that the Website (and or the content) will be provided to you uninterrupted. Whilst it is Central Element’s intention that the Website will be available as much as possible, there may be occasions where the Website is unavailable due to scheduled and unscheduled outages, maintenance, upgrades, emergency repairs, and/or failure of telecommunications links and/or equipment and for other reasons which are unforeseeable to Central Element.
Central Element will not be liable to you for any loss of content nor for any modification, suspension or discontinuation of the Website.
- Central Element does not make any representations or warranties that:
- i. the function performed by the Website will meet your requirements;
- ii. the operation of the Website will be uninterrupted or error free or that all defects in the Websites will be corrected;
- iii. the content of the Website is accurate, current or useful;
- iv. the Website or the infrastructure which makes the Website available is free from any harmful components, including without limitation, viruses.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CENTRAL ELEMENT CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CENTRAL ELEMENT NOR CENTRAL ELEMENT PTY LTD (ACN.151 022 203) NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “CENTRAL ELEMENT PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CENTRAL ELEMENT OR VIA THE WEBSITE.
IN ADDITION, TO THE EXTENT PERMITTED BY LAW OF THE JURISDICTION IN WHICH THE WEBSITE IS BEING USED, CENTRAL ELEMENT HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS.