By entering Our premises or purchasing any of Our services, You confirm that You understand and agree to all of the following terms and conditions (Terms). These Terms apply to all services that GB Wash Pty Ltd (ACN 611 086 410) (We, Us or Our) provide to You. If You do not accept these Terms, You must not enter Our premises.
1 . Your vehicle and Your personal property
1.1 When You leave Your vehicle with Us at Our premises, You understand that You do so at Your own risk.
1.2 You remain responsible for all personal property and other valuable items You bring on to Our Premises and must remove these prior to leaving Your vehicle with one of Our attendants. To the fullest extent permitted by law, We exclude all liability to You in relation to any loss or damage connected with your failure to do so.
2 . Limitation of liability
2.1 Nothing in these Terms is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be modified, limited or excluded (Non-Excludable Provision).
2.2 We exclude to the maximum extent permitted by law all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which would otherwise be implied.
2.3 Where any legislation implies or imposes Non-Excludable Provision, and We are able to limit Our remedy for a breach of the Non-Excludable Provision, then Our liability for breach of the Non-Excludable Provision is limited to (at Our election):
(a) in the case of goods, the repair or replacement of the goods or the supply of equivalent goods; and
(b) in the case of services, the supplying of the services again,
(or the payment of the cost of doing so).
2.4 Subject to Our obligations under the Non-Excludable Provisions and clause 2.3, Our maximum aggregate liability to You is limited to an amount equal to the amount paid by You to Us for the services We provide to You.
2.5 Subject to Our obligations under the Non-Excludable Provisions, We are not liable to You or any third party for any Indirect Loss arising in connection with these Terms or its subject matter, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if We have been advised of the possibility of such loss. For the purpose of this clause, Indirect Loss means any one or more of the following:
(a) economic loss, loss of actual or anticipated profits, loss of revenue, loss of savings, loss of production, loss of business, loss of opportunity, loss of access to markets, loss of goodwill, loss of reputation, loss of credit, loss of publicity, loss of data, loss of use, loss of interest or loss arising from business interruption; and
(b) any special, indirect, consequential, incidental, punitive, exemplary or unforeseeable loss or any similar loss.
3 Jurisdiction
3.1 This document is governed by the law of New South Wales. Each party submits to the jurisdiction of the courts in New South Wales in connection with matters concerning these Terms.