To the maximum extent permitted by law, the services are provided on an “as available” basis and without warranties that they will meet a particular need, produce a particular result or remain available. Camtech does not warrant that information, estimates, results, outputs or content will be complete, current, accurate or suitable for a particular decision.
Nothing in these Terms limits an express product obligation, an approved regulatory claim, professional responsibility for care provided by Camtech, or any right or liability that cannot legally be excluded.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, faulty or misdescribed products, poor services, or mandatory consumer rights.
For consumers, Camtech is responsible for losses that are a foreseeable result of Camtech’s breach or failure to use the standard of care required by law. Camtech is not responsible for losses that were not reasonably foreseeable, were caused by your misuse or failure to follow instructions, or resulted solely from an independent third party, subject to applicable law.
13.1 Business users
If you use the services wholly or mainly for business purposes, then to the maximum extent permitted by law:
- Camtech is not liable for indirect, consequential or special loss;
- Camtech is not liable for loss of profit, revenue, business, anticipated savings, goodwill, opportunity or data; and
- Camtech’s total liability relating to a relevant service will not exceed the fees paid by the business for that service during the twelve (12) months before the event giving rise to the claim, unless a different lawful cap is stated in a separate business agreement.
13.2 Customer responsibility and indemnity
You are responsible for information, samples, instructions, account access, delivery details and product use under your control.
If you use the services wholly or mainly for business purposes, you will indemnify and hold Camtech, its group companies, officers, employees and service providers harmless from third-party claims, losses, costs and expenses arising directly from your unlawful or infringing content, breach of these Terms, misuse of the services or violation of another person’s rights.
This indemnity does not apply to the extent a claim was caused by Camtech’s own breach, negligence or unlawful conduct. It does not apply to consumers except to the extent permitted by applicable law and considered fair and reasonable.