7. Disclaimer of warranties and limitation of liability

7.1 Subject only to 7.2 below:

(a) This site is provided by AusIMM on an ‘as is’ basis without any express or implied warranty of any kind;

(b) The worldwide web exists across open public networks that are neither secure nor private and, whilst AusIMM will take precautions to ensure the security of data entered on the site, you acknowledge and accept the risk that any communication to or from the site may be intercepted, used or modified by third parties;

(c) AusIMM does not warrant that access to or use of this site will be uninterrupted or error free or that the site or any material on or accessible through the site is free from errors or viruses, worms, or other harmful components;

(d) AusIMM does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the site;

(e) AusIMM may change any of the material on the site at any time without notice;

(f) AusIMM makes no commitment to update any material on the site;

(g) You are responsible for assessing the accuracy, reliability and suitability of the material on or accessible through the site;

(h) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the site or the material on or accessible through the site; and

(i) Neither AusIMM nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the site, even if AusIMM has been advised of the likelihood of such damages.

7.2 Where the laws of any country or state in which these terms and conditions are effective implies into these terms and conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these terms and conditions provided that the liability of AusIMM, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of AusIMM, to:

(a) in the case of services, the supply of the services again, or the payment of having the services resupplied; and

(b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.