3.1. By using American Express' online travel service Site you agree that, subject to certain rights and remedies you have under the Competition and Consumer Act 2010 (Cth) and similar State and Territory laws in Australia which cannot be excluded, restricted or modified, neither American Express nor any American Express subsidiary or related company or representative shall be liable for any loss, injury or damage to you or your belongings or otherwise arising in any way out of the provisions of travel services to you and American Express excludes all other conditions and warranties implied by custom, law or statute.
You also agree that:
(a) all information and other content on this website is provided "as is" and without warranties of any kind, either express or implied; and
(b) American Express (and its suppliers and licensors) expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose; and
(c) American Express does not warrant that any of the functions contained on this website or your access to this website will be uninterrupted or error-free, that any defects will be corrected or that this website or the server on which this website is stored are free of viruses or any other harmful components; and
(d) American Express does not warrant or make any representation regarding your access to, or the results of your access to, this website (including any related or linked websites) or any information on this website in respect of correctness, accuracy, timeliness, completeness, reliability or otherwise, and you (and not American Express), assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information or other content.
3.2. Under no circumstances (including but not limited to any act or omission on the part of American Express) will American Express or any of its affiliates, suppliers or licensors be liable for any loss of profits or any indirect, incidental, special and/or consequential damages whatsoever which result from any use of or access to, or any inability to use or access, the website or anything contained on, or missing, from the website.
3.3. To the fullest extent permitted by law, the liability of American Express for breach of any implied warranty or condition which by law cannot be excluded is limited at the option of American Express to the following:
(a) in the case of services supplied or offered by American Express:
(i) the supply of the services again, or
(ii) the payment of the cost of having the services supplied again; and
(b) in the case of goods supplied or offered by American Express:
(i) the replacement of the goods or the supply of equivalent goods, or
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods.