Terms & Conditions
These are the terms and conditions of agreement for online trading between Beach Life Australia Pty Ltd (ABN 38 612 105 521) trading as PUPSY and the user of this website ("You/Your").
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
1 PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by PUPSY to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. PUPSY accepts Visa, Mastercard and American Express. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2. Payment can also be made using PayPal and Afterpay. You warrant that You are an authorised user of the PayPal/ Afterpay account.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by PUPSY. We will email you with confirmation of the receipt of Your Purchase Order, and then acceptance by PUPSY will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3. PUPSY may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by PUPSY.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the website, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 PUPSY may vary prices in the event of price changes or mistakes in its sole and absolute discretion on reasonable prior notice to You. If PUPSY requests payment for increased prices, You may cancel the order by giving notice to PUPSY, which must be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by Stripe Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
1.8 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.9 PUPSY does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by Shopify Systems for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.10 PUPSY reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.11 The Website is owned and operated by PUPSY. This Agreement supersedes all prior agreements and may be revised by PUPSY from time to time.
2 YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, PUPSY’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.1 PUPSY Sellers deliver to most destinations around the world per agreement [contact us for international deliveries].
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 PUPSY uses Australia Post to deliver Products outside of Australia. Delivery of Products within Australia is effected using Australia Post and other carriers.
3.4 PUPSY’s freight charges are calculated using our automatic freight calculator.
3.5 PUPSY will use reasonable endeavours to arrange dispatch of the Product within 24-48 hours of submitting the Purchase Order, however please check each Product page for changes.
3.6 Expected delivery times are:
3.6.1 for international deliveries, 7-10 working days; and
3.6.2 within Australia, 2 - 3 working days. Please refer to our Shipping Policy for more detail.
3.7 The expected delivery times set out in clause 3.6 are estimates only. PUPSY will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, accepting the Product. Please note: All packages sent to PO Box addresses (throughout Australia and Internationally), cannot be sent using a courier service. PO Box addresses can only be serviced using Australian Post.
3.9 If the product is delivered, and there is no one at the delivery address to receive the Product, the Product will be returned to your local Post Office unless the Delivery driver deems the drop-off location to be safe. All packages returned to the Post Office need to be signed in order to accept the package. Should an ATR (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for packages left that go missing.
For international orders, your local Post Office shall deliver or contact the recipient to arrange for a delivery time. The postal company may attempt further delivery of the Product to You, however, if this is not effected, PUPSY will arrange for the return of the Product to PUPSY and refund the price to You, less any shipping costs incurred by PUPSY, and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.
PUPSY is not liable for any relevant taxes and duties applicable to the jurisdiction from which the order was placed and any such relevant taxes and duties need to be paid for by the recipient.
PUPSY cannot take any responsibility for potential delays incurred by confiscation by your local Customs Office.
4 SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 9 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
5 YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
5.1 By entering the Beachlifeaustralia.com website and placing an order, you agree to the terms and conditions of this Agreement.
5.2 From time to time, this Agreement will be reviewed and may be revised. PUPSY reserves the right to change this Agreement at any time in its sole and absolute discretion. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer PUPSY.
6 WEBSITE AVAILABILITY
6.1 From time to time down-time, either scheduled or unscheduled, may occur. PUPSY will use reasonable endeavours to ensure this amount of down-time is limited.
6.2 PUPSY will not be held liable for the consequences of any down-time.
7 INTELLECTUAL PROPERTY
7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by PUPSY.
7.3 PUPSY’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by PUPSY.
7.4 All rights not expressly granted are reserved.
7.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under PUPSY’s direct control and PUPSY accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that PUPSY is entitled to require you to remove any link from another website to this Website which you install without obtaining PUPSY’s prior written consent.
8.1 You acknowledge that the Products require special maintenance. PUPSY will not be liable for any damage caused by any failure by You to maintain the Product properly.
8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
8.3 Please note that the Consumer and Competition Act 2010 (Cth) confers rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, PUPSY does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
9 LIMITATION OF LIABILITY
9.1 To the extent permitted by law and subject to clause 9.2, in no event will PUPSY be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, including, but not limited to, loss of use, loss of profits or loss of data, or direct, indirect, incidental, punitive and consequential damages.
9.2To the fullest extent permitted by law, PUPSY’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of PUPSY, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
9.3 PUPSY’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if PUPSY has been notified of the possibility of such loss or damage.
9.4 You agree that PUPSY’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
10.1 By accessing the Website, you agree to indemnify and hold PUPSY harmless from all Claims arising from or in connection with your use of the Website.
11 FORCE MAJEURE
11.1 PUPSY will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond PUPSY’s reasonable control.
12.1 PUPSY reserves the right to terminate this Agreement at any time.
12.2 Subject to clause 12.3, PUPSY shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
12.3 If the Product has not been delivered to You prior to any termination of this Agreement by PUPSY, PUPSY will refund to You any payment You have made prior to the termination.
13.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
13.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by PUPSY in writing.
13.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
13.4 The Agreement will be made on PUPSY‘s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
13.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
13.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
13.7 PUPSY may be notified by email at email@example.com.
• "Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
• “Claim” means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expenses, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.
• " PUPSY " means Beach Life Australia Pty Ltd (ABN 38 612 105 521).
• "Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
• "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
• "Website" means internet website with the URL https://pupsy.com.au and associated websites.
• "You" means the user of the Website (and "Your" has the corresponding meaning).
“User” – a person who creates an Account or otherwise uses the Platform or Our Services “Platform” – a suite of software applications and websites that enables Dog Owners and Dog Lovers to check in to locations and search for Pet Services. It encompasses both the Site and Mobile Applications “Location” – place selected on the map to meet with other dogs and/or dog lovers. “Our Services” – the services, information and resources provided by Pupsy through the Platform
Dealings with other Users
You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users. We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Accuracy of information
Pupsy attempts to maintain the accuracy and integrity of the information on the Platform, and tries to moderate User Generated Content such as User ratings. However, Pupsy does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without our knowledge or consent.
Pupsy disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted at law. If You believe that information found on the Platform is unauthorised, inaccurate or incomplete, please inform us by sending an e-mail to firstname.lastname@example.org.
We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us. You will continue to own any and all intellectual property rights in such information. However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner. This right continues even if You no longer use Our Services or the Platform.
If you would like to know more about how we use, store or handle your personal information, please contact us at email@example.com
Each User is responsible for maintaining his/her Account information and keeping the User’s password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.
User Generated Content
The Pupsy Platform facilitates communication between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content. Pupsy occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. You consent and agree that Pupsy is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Instagram, and other sites determined by Pupsy. Pupsy also reserves the right to modify, delete or block selected User Generated Content from the Platform.
Fair Conduct and use of the Platform
Users must only use the Platform in good faith and with respect for each other User. Pupsy reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:
• Use or access the Platform for a commercial purpose
• Change, or copy any Content on the Platform, for any purpose other than in the proper use of Our Services or the Platform, such as updating Your Profile in good faith;
• Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Platform;
• Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;
• Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform
• Use the Platform for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;
• Disguise the origin of information transmitted to, through or from the Platform; • Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;
• Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);
• Distribute viruses or other harmful computer code to or on the Platform; or
• Otherwise use Our Services or the Platform in a way that was not intended by us. Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:
• Flagging a User’s profile as inappropriate;
• Direct e-mail to Pupsy via firstname.lastname@example.org
• Direct phone contact with Pupsy during normal business hours on 0428 533 960
• Pupsy will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable. Pupsy reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, Pupsy reserves the right, in its sole discretion, to delete any User Generated Content that Pupsy considers is inappropriate.
Links to Third Party Sites
The Platform may have references or contain links to sites controlled by parties other than Pupsy. Pupsy provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, Pupsy is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.
Third Party Advertising and Analytics Cookies
Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
Termination and Account Cancellation
If You breach or threaten to breach these Terms, Pupsy reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. Pupsy may provide notice of termination by regular mail or email, but is not obliged to do so. Please note that if Your Pupsy Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.
Pupsy, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE. If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.
If you're reviewing a business listing, be detailed about your experience with the business as opposed to commenting on the purchased product. In some cases, we may not accept reviews if we believe the main feature(s) of the service or product haven't been used. Comments should be related to the review you are posting under and answers should be informative and be relevant to the question you are answering.
Overly positive marketing-speak reviews
Don't post reviews with overly positive or "marketing-speak" writing styles. Our content team has the final say on what is considered to be marketing-speak.
Don't post personal attacks, threats or insults directed at other people. There is also no need to respond to personal attacks in a similar manner as your account may be removed too. Instead, report the content or the member using the site's flag icons at the bottom right-hand corner of posts.
Personal reprisals against staff or business owners
Don't post personal reprisals against staff or business owners. If your listing has been affected by a personal vendetta you should report the review to our content team using the flag icon and provide as much evidence as you can.
Intolerance and vilification
Don't post content that contains intolerance or vilification of other people's race, culture, beliefs, physical or mental conditions, gender, religion, age, etc.
Don't swear! Whether the swear word is an acronym or you're using asterisks or the word is somehow misspelt but the meaning is evident. Words like "crap", "damn", etc. are not considered swear words, but we do encourage professional language as this adds more value to your review.
Don't post advertising in your reviews, comments, etc. This includes viral advertising, links, promotions, etc. Product recommendations are acceptable depending on the context. Our content team has the final say in ambiguous cases.
Don't post external links that are irrelevant or lead to unsafe/offensive websites.
Affiliation to the listing
Don't review a listing if you are affiliated with or were affiliated with it in the past. This includes past or present employees, family and friends of employees. Please read our fake submissions policy and don't risk your listing being penalised.
Pointless posting sprees
There is no reason to flood Pupsy with multiple comments, questions or answers that add no value to the discussion. We reserve the right to remove your content in bulk and ban your account.
Don't create multiple accounts. You can update your email address in your account settings.
Review verification and requests for additional information
Reviews written on company provided devices
Reviews written on company provided devices such as tablets or office computers may not be accepted. Read more about this policy.
Legal threats policy
We consider reasoned and polite requests regarding content removal. If you believe a review or other content should be removed for breaching our Posting Guidelines, infringing or violating someone’s rights or otherwise violating the law, you should report this by sending us an email at email@example.com. Be detailed and factual as to why you think the content needs to be removed. The more evidence you provide, the easier it is for us to make a decision. Although we won't be able to reply to every request, rest assured that we investigate every one of them.
We take a zero tolerance approach to threatening requests sent to Pupsy and reserve the right to take any or all of the following actions: Placing a large notice of the threat(s) on your listing. Removing access to the Brand Management platform. Locking your listing to any future submissions. Publicising the legal threats and associated correspondence on your listing. Passing on details of correspondence that appears to be an attempt to abuse our policies concerning removal to the ACCC.
Fake positive reviews
If it becomes evident to Pupsy that a business has been posting fake reviews for their listing(s), we reserve the right to take any or all of the following actions: Placing a large notice on the listing notifying users of fake reviews. Removing access to the Brand Management Platform. Locking your listing to any future submissions. Submitting the case to the ACCC.
We have a number of tools and procedures to identify fake submissions and reserve the right to impose these penalties on any business trying to manipulate our rating system. We also work closely with the ACCC and reserve the right to submit all our findings to them. Note that ACCC has fined a number of companies for fake review submissions.
The ACCC can issue an infringement notice where it has reasonable grounds to believe that a person has contravened certain consumer protection laws. For serious misconduct, the ACCC can seek court penalties. The maximum penalty is $220,000 for an individual and $1.1 million for a body corporate, per breach.
Fake negative reviews
If you have evidence that a negative review for your listing is fake, please report it using by clicking on flag icon at the bottom right-hand corner of the review. Provide as much evidence as you can to support your claims.
Claiming that our member's username does not match-up in your customer database is insufficient evidence that a review is fake.
We take a zero tolerance approach to competitors submitting negative reviews on other businesses. We reserve the right to take any or all of the following actions:
- Placing a large notice on the listing notifying users of fake reviews.
- Removing access to the Brand Management platform.
- Locking your listing to any future submissions.
- Submitting the case to the ACCC.
- Incentivised consumer reviews
- Incentives should only be offered in exchange for reviews of your business (its products or services) if: Incentives are offered equally to consumers likely to be complementary and consumers likely to be critical, and positive and negative reviews are treated the same.
The reviewer is expressly told that the incentive is available whether the review is positive or negative. The incentive is prominently disclosed to users who rely on affected reviews.
YOU ACKNOWLEDGE AND AGREE THAT PUPSY IS NOT A PARTY TO ANY AGREEMENTS BETWEEN THE USERS. PUPSY HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF USERS OF THE PLATFORM. PUPSY DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.