Consequential Loss means any indirect, incidental, special or consequential loss or
damage, pure economic loss damages and exemplary or punitive damages, loss or
damage in relation to loss of use, loss of production, loss of revenue, loss of profits or
anticipated profits, loss of business, loss of business opportunity, loss of contract,
loss of reputation or opportunity, business interruptions of any nature, loss of data,
data corruption rectification costs or loss or damage resulting from wasted
Customer means the person receiving Services;
HHF means Hero Hunter Foundation Limited (ACN 658 876 361) and their directors,
officers, employees, assigns, agents, volunteers and contractors (other than the
Services means any services provided to the Customer by:
(a) or on behalf of HHF; or
(b) a Service Provider;
Service Provider means any third-party providing Services to the Customer that is
introduced or referred to the Customer by or on behalf of HHF; and
Terms means the terms and conditions of this Disclaimer.
2.1 By accepting the provision of Services, the Customer will be deemed to have agreed
to these Terms irrespective of whether these Terms are signed by the Customer.
2.2 By providing Services to the Customer, the Service Provider will be deemed to have
agreed to these Terms irrespective of whether these Terms are signed by the Service
3. Liability and waiver
3.1 To the maximum extent permitted by law, HHF is not liable to the Customer, the
Service Provider or any other person and accepts no liability (including, without
limitation, any liability arising from fault or negligence) in respect of any loss (including
any Consequential Loss), liability, claim, damage or expense whatsoever arising
from, in connection with or in relation to the Services (irrespective of whether caused
or contributed to by HHF).
3.2 Each of the Customer and the Service Provider expressly waives, releases and
discharges HHF from and against any and all liability for any loss (including
Consequential Loss), damage, injury, expense, demand or cause of action that they
may suffer or sustain with respect to personal injury, death, damage to or destruction
of property, theft or otherwise that may arise directly or indirectly or results from any
act or omission in relation to the Services irrespective of whether:
(a) the liability for the loss or damage arises in or under contract (including liability
under any indemnity), statute, tort (including negligence), equity or otherwise
at Australian law; or
(b) the Customer or the Service Provider or any other person previously notified
HHF of the loss, the possibility of the loss, or damage.
Each of the Customer and the Service Provider (Indemnifying Party) respectively
indemnify and must keep indemnified HHF against all actions, claims, proceedings,
demands, liabilities, losses, damages, expenses and costs (including legal costs on a
full indemnity basis) that may be brought against HHF or which HHF may pay, sustain
or incur as a direct or indirect result of any wrongful, wilful or negligent act or
omission of the Indemnifying Party in respect of the Services.
If any provision of these Terms is invalid or unenforceable in any jurisdiction, the
provision is to be read down for the purpose of that jurisdiction, if possible, so as to
ensure these Terms remains valid and enforceable. If the provision cannot be read
down it will be severed to the extent of the invalidity or unenforceability. Such
severance does not affect the remaining provisions of these Terms or affect the
validity or enforceability of it in any other jurisdiction.
6. Governing Law
6.1 This Disclaimer will be construed in accordance with the laws of Western Australia.
6.2 The parties agree and submit to the exclusive jurisdiction of the courts in Western
7.1 The person signing these Terms acknowledges that they have read, understood and
accept the Terms and agree to be bound by them.
7.2 If a person signs these Terms on behalf of an organisation, company or other legal
entity, that person warrants in favour of HHF that they are duly authorised to sign
these Terms for and on behalf of that organisation, company or other legal entity.