We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
Credit Card Fraud
Whilst Spit Polished Presentations employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Spit Polished Presentations will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Spit Polished Presentations. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Spit Polished Presentations for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Spit Polished Presentations, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Spit Polished Presentations reserves the right to change the Terms and Conditions of sale at any time.
No Spit Polished Presentations employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Spit Polished Presentations shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Spit Polished Presentations, and Spit Polished Presentations shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland (Australia).