Disclaimer

Last updated: 14 November 2020

The term ‘372’, or ‘372 Digital Pty Ltd’ refers to the owner of the Cimara Software whose registered office is Unit 8, 24 Iron Knob Street, Fyshwick ACT 2609 Australia. 372’s company registration number is ACN 159 301 952. The term ‘Customer’ refers to the licensee of the Cimara Software. The term ‘User’ refers to the user of the Cimara Software. The term ‘Software’ refers to the Cimara Software.

No Warranties

The Software is provided “as is” without any representations or warranties, express or implied. 372 makes no representations or warranties in relation to the Software or the information and materials provided on the Software.

Without prejudice to the generality of the foregoing paragraph, 372 does not warrant that:

• The Software will be constantly available, or available at all; or
• The information on the Software is complete, true, accurate or non-misleading.

Nothing on the Software constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

372 will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Software:

• To the extent that the Software is provided free-of-charge, for any direct loss;
• For any indirect, special or consequential loss; or
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if 372 has been expressly advised of the potential loss.

Exceptions

Nothing in the Software Disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Software Disclaimer will exclude or limit 372 liability in respect of any:

• Death or personal injury caused by 372’s negligence;
• Fraud or fraudulent misrepresentation on the part of 372; or
• Matter which it would be illegal or unlawful for 372 to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Software, you agree that the exclusions and limitations of liability set out in the Software Disclaimer are reasonable.

If you do not think they are reasonable, you must not use the Software.

Other Parties

You accept that, as a limited liability entity, 372 has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 372 officers or employees in respect of any losses you suffer in connection with the Software.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Software Disclaimer will protect 372 officers, employees, agents, subsidiaries, successors, assigns and subcontractors as well as 372.

Unenforceable Provisions

If any provision of the Software Disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Software Disclaimer.