You acknowledge that Brighten Tech does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding any product or services or any statements, representation or allegation on our Website.
Subject to this clause, and to the extent permitted by law:
All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Brighten Tech will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the provision of the Services, products or these Terms (including as a result of not being able to use the products, or Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Services, and any of the products of Brighten Tech, is at your own risk. Everything on the Website, including any products or services of Brighten Tech, are provided to you without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Brighten Tech make any express or implied representation or warranty about its Content, or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products;
the Content or operation in respect to links which are provided for the User's convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website.
Limitation of Liability
Brighten Tech’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms.
You expressly understand and agree that Brighten Tech, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Brighten Tech is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Brighten Tech, by third parties or by any of the Services.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.