Limitation of Liability (a) Nothing in these Terms of Use shall exclude or restrict either party’s liability for: (a) death or personal injury resulting from the negligence of Contour or its Associated Parties (as defined in Clause 4.1(b)below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws; or (d) the indemnities set out in Clause 4.3. (b) Subject to the foregoing, to the maximum extent permitted by Applicable Laws: (i) in no event shall Contour, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Associated Parties”) be liable for any: (A) indirect or consequential loss; or (B) loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Website, or these Terms of Use; and (ii) Contour and the Associated Parties’ aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the value of $[insert] SGD. 4.2 Disclaimers (a) To the maximum extent permitted under Applicable Laws, the Website and any product, service or other item provided by or on behalf of Contour are provided on an “as is” and “as available” basis and Contour expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Contour does not represent or warrant that the Website is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. To the maximum extent permitted under Applicable Laws, Contour is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Website. 4.3 Indemnification To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Contour and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly: (a) your use of, or conduct in connection with, the Website; (b) your breach of these Terms of Use or any other policy; (c) your violation of any Applicable Laws or the rights of any other person or entity. You will provide Contour and the Associated Parties with any assistance that Contour and the Associated Parties reasonably requests in defending any such action or proceeding.