ASX Terms and Conditions

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ASX Terms and Conditions

Whilst reasonable care is taken when producing ASX Energy Data, neither ERM Power nor any member of the ASX Group warrant the quality, accuracy, completeness or timeliness of the ASX Energy Data. To the fullest extent permitted by law, the ASX Energy Data is provided “as is”, without warranty or guarantee of any kind, express or implied as to:

(a) the acceptable quality or fitness of the ASX Energy Data for a particular purpose;

(b) the accuracy, completeness or quality of the ASX Energy Data; or

(c) continuity of supply or use of ASX Energy Data free from interruption.

Limitation of Liability

(a) To the extent permitted by law, ERM Power and the ASX Group exclude all conditions and warranties implied by statute, general law or custom relating to the provision of the ASX
Energy Data.

(b) Neither ERM Power nor any member of the ASX Group will be liable to any person, (whether in contract, tort, under statute or otherwise (including in each case negligence)) for:

(i) any loss of profits, business contracts, revenue or turnover; and/or

(ii) loss or damage to reputation or goodwill; and/or

(iii) any loss or corruption or destruction of data; and/or

(iv) loss of anticipated savings or wasted expenditure (including management time);

(v) any loss or liability under or in relation to any other contract; and/or

(vi) loss in connection with that person’s use of, inability to use, or reliance on, the ASX Energy Data, in each case whether such loss is direct, indirect or consequential.