Liability Limitation & Indemnity

Limited Liability

Should any liability arise due to actions by Bird Spikes Australia representatives, regardless of whether or not any loss, damage, or injury was caused or contributed to by Bird Spikes Australia’s negligence, such liability will not exceed the amount of $97.

Bird Spikes Australia representatives and its distributors make no assertions or assurances that any Bird Spikes Australia products are guaranteed to prevent injury(s) or loss. Bird Spikes Australia is not responsible or liable for any injury, loss, or damage caused by anyone.

To the fullest extent permissible by law, Bird Spikes Australia shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any indirect, consequential, special, incidental, punitive, or exemplary damages or losses arising out of your use or inability to use the product, including but not limited to interruptions or delays, regardless of the type of claim or the nature of the cause of action, even if Bird Spikes Australia has been advised of the possibility of damage or loss. To the fullest extent permissible by law, Bird Spikes Australia’s maximum aggregate liability shall not exceed the amount that you have paid for the goods to which the liability relates.

To the fullest extent permissible by law, if you are dissatisfied with the product, fulfillment of any order, do not agree with any part of this agreement, or have any other dispute or claim with or against Bird Spikes Australia, your sole and exclusive remedy is to discontinue using the product. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you.

Except in the case of Bird Spikes Australia’s willful misconduct or fraud, you understand and expressly agree that your use of Bird Spikes Australia products is at your sole risk and that, to the extent permitted by law, you will be solely responsible for any damage to you, your property, or any third party or their property arising from the use of the product.

Bird Spikes Australia shall not be responsible for shipping or fulfillment delays, the cancellation of any transaction, or the unavailability of any product.

Indemnity

The person using Bird Spikes Australia products indemnifies all representatives and distributors of Bird Spikes Australia from and against all claims, lawsuits (including legal fees), and losses asserted against and alleged to be caused by Bird Spikes Australia. This includes any and all claims for contributory liability and/or subrogation. Indemnification and subrogation rights extend to include any and all third-party beneficiaries of the Bird Spikes Australia user.

The product is not directed at, or intended for distribution to or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or any jurisdiction or country that would subject Bird Spikes Australia or its licensees or affiliates to any registration requirement within such jurisdiction or country.

The services and content are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Bird Spikes Australia shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties.