Limitation of Liability, Disclaimers of Warranties and Indemnity

(1) Subject to the rights you may have under the Competition and Consumer Act 2010 (Cth) (as amended) or other applicable legislation (Applicable Legislation), if any:

(a) Content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied;

(b) we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;

(c) we do not warrant that the Website or Content is secure, free from bugs, viruses, interruption, errors, theft or destruction or that the Website or Content will meet your requirements. You assume all risks associated with using or relying on such Content.

(d) Content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content or material;

(e) we do not warrant or make any representations regarding the use or the results of the use of the recipes, products, offerings, Content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;

(f) Thermomix in Australia’s liability is excluded if and to the extent to which the application and safety advice in the Thermomix instruction manual is not observed;

(g) you expressly understand and agree that Thermomix in Australia and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from

(i) the use or the inability to use this Website;

(ii) the use of any Content, Postings or other material on this Website or any website or websites linked to this Website;

(iii) unauthorised access to or alteration of your transmissions or data;

(iv) statements or conduct of any third party on this website; or

(v) any other matter relating to this website.

(2) If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole and exclusive remedy (subject to the rights you may have under the Applicable Legislation, if any) is the termination of your membership and the discontinuation of your use of this Website. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.

(3) You agree to indemnify, hold harmless and, at Thermomix in Australia’s option, defend Thermomix in Australia and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

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