a) Shearwater shall not be responsible for any misinformation provided to it by the Customer or any third party.
b) Shearwater limits its liability for any loss or damages attributable to the provision of its services (“Loss or Damage”), at its option, to the delivery of the relevant services again or payment for the relevant services to be provided again.
c) In particular, Shearwater shall not be liable for any direct or consequential Loss or Damage including without limitation, direct or indirect damages for personal injury, loss of business profit, business interruption, loss of business information or any other pecuniary loss arising out of the use of the recommendations and solutions provided under this agreement.
d) Further, the Customer agrees that it may only take action against Shearwater for Loss or Damage, such that if any of: Shearwater’s employees, directors, sub-contractors and agents; its sub-contractors’ and agents’ employees, directors, sub-contractors and agents; and so on down the line, would be liable as well as Shearwater for any Loss or Damage, action will not be taken by the Customer against such person or entity.
e) The Customer shall indemnify Shearwater and hold Shearwater harmless from and against any and all third party claims which may be asserted against or suffered or incurred by Shearwater that arise during the course of this contract unless such claims result from acts of Shearwater which constitute serious and wilful misconduct by Shearwater or are outside Shearwater’s ordinary performance of this contract.
f) For the purpose of the indemnity above, Shearwater includes: Shearwater Solutions Pty Ltd; its employees, directors, sub-contractors and agents; its sub-contractors’ and agents’ employees, directors, sub-contractors and agents; and so on down the line.