Implied Term definition

Implied Term means a term implied into this Agreement by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law; “New Order” means an order by you for additional products or services pursuant to clause 21; “Privacy Policy” means our privacy policy as published on our website and as may be amended from time to time; “Purchased Equipment” means the equipment, as set out in the Application Form, a Service Schedule or a New Order, to be supplied by us to you; “Serious Breach” means a breach of clause 18; “Service” means a service to be provided by us to you pursuant to this Agreement, as set out in the Application Form, a Service Schedule or a New Order; “Service Equipment” means any equipment, facility or associated software used by us or any of our suppliers in relation to a Service; “Service Levels” means the service levels applicable to a Service, as set out in the Service Schedule relating to that Service; “Service Schedule” means any schedule relating to any Service (which may include a service description, Charges, service levels and any terms applicable to that Service); “we, us, our” means Inov8 Technology Pty Ltd ABN ▇▇-▇▇▇ ▇▇▇ ▇▇▇, its successors and assignees; “you, your” means the customer named in the Application Form, its successors and assignees.
View Source

Examples of Implied Term in a sentence

  • The Contract shall not be governed by any terms and conditions (whether in any side letter or unilateral amendment by Customer to the Quotation or other Document issued by either Party, or whether any Implied Term) other than those instruments listed in Condition 1.1.

  • Subject to any Implied Term, MFractor Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

  • Subject to any Implied Term, Pager for PhDs, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

  • Subject to any Implied Term, ▇.▇.▇▇▇▇▇▇ Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

  • Subject to any Implied Term, ▇▇▇▇▇ ▇▇▇▇▇▇▇ will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

  • Subject to any Implied Term, Taco Technologies Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

  • Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.

  • Subject to any Implied Term, Yellow Ark, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

  • Subject to any Implied Term, Nomad Software Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.