Bundy Platform PTY LTD t/a Bundy Workforce Management (ACN 633 126 922)
THIS AGREEMENT made BETWEEN Bundy Platform PTY LTD t/a Bundy Workforce Management (ACN 633 126 922) of 1301/148 Elizabeth St, Sydney, New South Wales, 2000 ("Licensor") and You ("Licensee"), (the "Parties")
6.1. Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Bundy Platform PTY LTD t/a Bundy Workforce Management and its subsidiaries, affiliates, and suppliers ("Implied Terms"). If these Implied Terms apply, Bundy Platform PTY LTD t/a Bundy Workforce Management's liability will be limited at its option to resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.
6.2. Unless otherwise explicitly agreed to in writing by Bundy Platform PTY LTD t/a Bundy Workforce Management, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.
6.3. Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
Subject to any Implied Term, Bundy Platform PTY LTD t/a Bundy Workforce Management, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.
12.1. Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
12.2. Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
12.3. The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
12.4. This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.
12.5. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
12.6. This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Name of Product: the Bundy Workforce Management platform including but not limited to the mobile and web application
Details of Product: A Workforce Management App