Australian Consumer Law. If a party is a consumer for the purposes of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), then the relevant supplying party’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Accordingly: (i) for major failures with a service, the non-defaulting party (as a consumer) is entitled to cancel the relevant SOW and receive a refund for the unused portion, or to receive compensation for its reduced value; (ii) the relevant party (as a consumer) is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, the non-defaulting party (as a consumer) is entitled to have the failure rectified in a reasonable time. If this is not done, the non-defaulting party (as a consumer) is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The non-defaulting party (as a consumer) is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Appears in 4 contracts
Samples: jp-help.mypurecloud.com, jp-help.mypurecloud.com, es-help.mypurecloud.com
Australian Consumer Law. If a party is a consumer for the purposes of the Competition and Consumer Act 2010 Xxx 0000 (Cth) (Australian Consumer Law), then the relevant supplying party’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Accordingly: (i) for major failures with a service, the non-defaulting party (as a consumer) is entitled to cancel the relevant SOW and receive a refund for the unused portion, or to receive compensation for its reduced value; (ii) the relevant party (as a consumer) is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, the non-defaulting party (as a consumer) is entitled to have the failure rectified in a reasonable time. If this is not done, the non-defaulting party (as a consumer) is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The non-defaulting party (as a consumer) is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Appears in 1 contract
Samples: Service Terms and Conditions
Australian Consumer Law. If a party is a consumer for the purposes of the Competition and Consumer Act 2010 Xxx 0000 (Cth) (Australian Consumer Law), then the relevant supplying party’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Accordingly: (i) for major failures with a service, the non-defaulting party (as a consumer) is entitled to cancel the relevant SOW and receive a refund for the unused portion, or to receive compensation for its reduced value; and (ii) the relevant party (as a consumer) is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, the non-defaulting party (as a consumer) is entitled to have the failure rectified in a reasonable time. If this is not done, the non-defaulting party (as a consumer) is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The non-defaulting party (as a consumer) is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Appears in 1 contract
Samples: Purecloud Service End User Agreement
Australian Consumer Law. If a party is a consumer for the purposes of the Competition and Consumer Act 2010 Xxx 0000 (Cth) (Australian Consumer Law), then the relevant supplying party’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. AccordinglyIf the foregoing applies: (i) for major failures with a good or service, the non-defaulting party (as a consumer) is entitled to cancel the relevant SOW and receive a refund for the unused portion, or to receive compensation for its reduced value; and (ii) the relevant party (as a consumer) is also entitled to choose a refund or replacement for major failures with goodsgoods or services. If a failure with the goods or service does not amount to a major failure, the non-defaulting party (as a consumer) is entitled to have the failure rectified in a reasonable time. If this is not done, the non-defaulting party (as a consumer) is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The non-defaulting party (as a consumer) is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Appears in 1 contract
Samples: Service End User Agreement
Australian Consumer Law. If a party is a consumer for the purposes of the Competition and Consumer Act 2010 Xxx 0000 (Cth) (Australian Consumer Law), then the relevant supplying party’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. AccordinglyIf the foregoing applies: (i) for major failures with a good or service, the non-defaulting party (as a consumer) is entitled to cancel the relevant SOW and receive a refund for the unused portion, or to receive compensation for its reduced value; (ii) the relevant party (as a consumer) is also entitled to choose a refund or replacement for major failures with goodsgoods or services. If a failure with the goods or service does not amount to a major failure, the non-defaulting party (as a consumer) is entitled to have the failure rectified in a reasonable time. If this is not done, the non-defaulting party (as a consumer) is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The non-defaulting party (as a consumer) is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Appears in 1 contract
Samples: Service Terms and Conditions