The City of Mitcham expressly disclaims all conditions and warranties, express or implied, in respect of the provision of this Service to you and your use of this Service. This includes, but is not limited to, any warranty that the Service will operate without errors or that it will be operational and available at all times. If any condition or warranty is implied into these Terms pursuant to any legislation and the legislation avoids or prohibits provisions in a contract, excluding or modifying the application of, or exercise of, or any liability under such conditions or warranty, the conditions or warranty will be deemed to be included in these Terms and Conditions, provided that the City of Mitcham's liability for breach shall, if the legislation so permits, be limited in the sole discretion of the City of Mitcham to (a) the re-supply of the services, or (b) the cost of re-supply of the services, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.
The City of Mitcham will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential loss or damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of your use of this Service.