COMMITMENTS ABOUT THE Canonical cannot be held liable for any Comment: This clause is becoming more CONTENT WITHIN THE direct or indirect damage or loss caused by common but fails to disclose the actual SERVICES, THE SPECIFIC connection speed. Canonical will use legal position as to the consumer FUNCTIONS OF THE reasonable efforts to ensure availability of guarantees as such it may be argued to – SERVICES, OR THEIR the services, but makes no guarantee that be misleading to a consumer under ACL RELIABILITY, AVAILABILITY, the services will be available without section 64. OR ABILITY TO MEET YOUR interruption. Canonical is not responsible NEEDS. WE PROVIDE THE for the loss of any of your data or any loss SERVICES IS”. of business or financial disadvantage to “AS you as a result of any loss of or damage to your data as consequence of your use of SOME JURISDICTIONS the services. PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF Comment: This clause fails to disclose MERCHANTABILITY, FITNESS the actual legal position as to the FOR A PARTICULAR PURPOSE consumer guarantees as such it may – AND NON-INFRINGEMENT. TO be argued to be misleading to a THE EXTENT PERMITTED BY consumer under ACL section 64. LAW, WE EXCLUDE ALL WARRANTIES. Comment: This clause fails to disclose the actual legal position as to the consumer guarantees (it does not expressly exclude them via its reference to ‘warranties’ nor exoressly preserve them via use of the phrase the extent ‘to permitted’) as such it may be – argued to be misleading to a consumer under ACL section 64. Term which purports YOU ACKNOWLEDGE THAT YOUR You must be at least 13 years old to use to bind consumer ELECTRONIC SUBMISSIONS our services. If you are between age 13 and even where contract, CONSTITUTE YOUR AGREEMENT 18, you confirm that you have your consumer or other AND INTENT TO BE BOUND BY AND parent's or legal guardian's consent to use law may indicate TO PAY FOR SUCH AGREEMENTS the services and that they have read and otherwise. AND TRANSACTIONS. YOUR agreed to this agreement. AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC Conclusion: this consent is problematic SUBMISSIONS APPLIES TO ALL it relies upon undertakings from RECORDS RELATING TO ALL minors. TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING Changes to the services or this NOTICES OF CANCELLATION, agreement: we may occasionally change
Comment: This clause is becoming more common but fails to disclose the actual legal position as to the consumer guarantees – as such it may be argued to be misleading to a consumer under ACL section 64. COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. Comment: This clause fails to disclose the actual legal position as to the consumer guarantees (it does not expressly exclude them via its reference to ‘warranties’ nor exoressly preserve them via use of the phrase ‘to the extent permitted’) – as such it may be argued to be misleading to a consumer under ACL section 64. Canonical cannot be held liable for any direct or indirect damage or loss caused by connection speed. Canonical will use reasonable efforts to ensure availability of the services, but makes no guarantee that the services will be available without interruption. Canonical is not responsible for the loss of any of your data or any loss of business or financial disadvantage to you as a result of any loss of or damage to your data as consequence of your use of the services. Comment: This clause fails to disclose the actual legal position as to the consumer guarantees – as such it may be argued to be misleading to a consumer under ACL section 64. Term which purports to bind consumer even where contract, consumer or other law may indicate otherwise. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, You must be at least 13 years old to use our services. If you are between age 13 and 18, you confirm that you have your parent's or legal guardian's consent to use the services and that they have read and agreed to this agreement. Conclusion: this consent is problematic it relies upon undertakings from minors. Changes to the services or this agreement: we may occasionally change
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