In these terms, "Rainmaker", "we", "us" and "our" means Rainmaker Information Pty Limited (ABN 86 095 610 996) of Level 7, 55 Clarence Street, Sydney, New South Wales, Australia. Please read these terms carefully as they apply to your use of this website and all of its contents, and also apply to any associated services, products, software provided by us (the "Website"). By accessing or using the Website you agree to be bound by these terms. We may revise these terms from time to time by updating this post. The revised terms will take effect from the date of posting.
You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws. You expressly acknowledge and agree that your access to and use of the website is at your sole risk and the website is provided "as is" and "as available". In particular, we do not represent or warrant to you that:
Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness or non-infringement of third party rights. If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:
Subject to our obligations under the non-excludable terms, our maximum aggregate liability for all claims arising under or in relation to these terms or otherwise as a result of your access to and use of the website is limited to $100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Subject to our obligations under the non-excludable terms and to the maximum extent permitted by law, in no event are we liable under or in relation to these terms or otherwise as a result of your access to and use of the website for any indirect, special, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain.
The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.
You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.
We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.