HMR Referrals Terms of Use

TERMS AND CONDITIONS

The website https://www.hmrreferrals.com, the HMR Referral software (collectively, and each  “Site”) is operated by New Medical Enterprises Pty Ltd (ABN 54 129 850 746) trading under the business names of HMR Referrals. The Site is an online referral service platform dedicated to Medicines Reviews including Domiciliary Medication Management Reviews and Residential Medication Management Reviews and specially designed for Australian general practitioners and accredited pharmacists to assist them in providing medication review services to patients.

The terms and conditions published on our Site including our Terms of Use, our Privacy Policy and our Terms of Services and any other notices (collectively referred to as “Terms”) govern your use and access of our Site. To contact us, please get in touch here.

Please note by visiting or accessing or using our Site, you agree to be bound by our Terms.

The words “we”, “us” and “our” refer to New Medical Enterprises Pty Ltd (ABN 54 129 850 746). The words “you”, “your” refer to you, the practitioner, the pharmacist, the clinic, or any person who is visiting or using our Site.

PART A – TERMS OF USE

  1. By using our Site you accept these Terms
    1. By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
  2. We may make changes to these Terms and the Site
    1. We may update and change our Site from time to time without notice.
    2. We amend these Terms from time to time without notice. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time.
  3. We may suspend or withdraw our Site
    1. Subject to the below Terms relating to the provision and the termination of our Services (Terms of Service), our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    2. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
  4. Eligibility to use our Site
    1. Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
  5. How you may use material on our Site
    1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    7. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
    8. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
  6. Information on this Site
    1. This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
    2. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
    3. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
  7. We are not responsible for websites we link to & third party applications
    1. Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
  8. User-generated content
    1. This Site may include information and materials uploaded by other users of the Site, such as the users utilising the communication tools available on the Site. This information and these materials may not have been verified or approved by us. The views or information provided or expressed by other users on our Site do not represent our views or values and we are not liable for contents generated by other users.
    2. This Site may contain comments, practitioner personal or businesses (clinics) pages or profiles, bulletin boards, and other interactive features (collectively, Interactive Services) that allow users to publish, display or transmit to other users or other persons content or materials (collectively, User Contributions) on or through the Site.
    3. All User Contributions must comply with the content standards set out in these Terms.
    4. While any User Contribution you post to the Site will be considered non-confidential and non­proprietary, it may be subject to patient confidentiality rules and specific screening mechanism that only certain group of users may access their User Contributions. While you retain all of your ownership rights in your content, by providing any User Contribution on the Site you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contributions for the purpose of maintaining the functionality of our Site and the provision of our Services to you.
    5. We also have the right to disclose your identity to any third party who is claiming that any User Contributions posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    6. We have the right to remove any User Contributions you make on our Site if, in our opinion, those contents does not comply with the content standards in these Terms.
    7. You are solely responsible for securing and backing up your User Contributions.
    8. You represent and warrant that:
      1. You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
      2. All of your User Contributions do and will comply with these Terms.
      3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness.
      4. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
    9. We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion.
  9. Limitation of liability
    1. We adhere to the reasonable industry standard and procedures to maintain the Site and protect the data transmitted through or stored on the Site. We do not guarantee, and we are not liable for any loss of such data.
    2. In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    3. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent possible or permitted by the Australian Consumer Law.
    4. You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these Terms.
  10. We are not responsible for viruses
    1. We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
    2. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
  11. Rules about linking to our Site
    1. You may be provided with an option to link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in these Terms.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
    4. We reserve the right to withdraw linking permission without notice.
    5. If you wish to link to or make any use of the content on our Site other than that set out above, please contact us.
  12. Australian law applies to disputes
    1. These Terms of Use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.
  13. Prohibited uses
    1. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
      1. in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
      2. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms;
      3. to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
      4. to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing); or
      5. eto engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
    2. Additionally, you agree not to:
      1. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
      2. use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
      3. use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
      4. use any automatic or manual process to reverse engineer or decompile any part of the Site;
      5. use any device, software or routine that interferes with the proper working of the Site;
      6. introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
      7. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
      8. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
      9. otherwise attempt to interfere with the proper working of the Site.
    3. We may report any suspicious activities to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
  14. Other terms and conditions
    1. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms of Use.

PART B – PRIVACY POLICY

The words “we”, “us” and “our” refer to New Medical Enterprises Pty Ltd (ABN 54 129 850 746). The words “you”, “your” refer to you, the practitioner, the clinic, the pharmacist, or any person who is visiting or using our Site.

  1. You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.
  2. We collect information about you and your interactions with us, for example, when you use any of our Services, call us, interact with our chatbot or otherwise visit our Site. The information we collect from you may include your identity and contact details, your history of activities on the Site.
  3. We may collect information about how you access, use and interact with the Site. This information may include:
    1. the location from which you have come to the Site and the pages you have visited; and
    2. technical data, which may include IP address, email address, contact information, the types of devices you are using to access the website, device attributes, browser type, language and operating system.
  4. To assist us in improving our products and services, we may monitor aggregated data that is collected by our Site and may share this with third parties collectively and in an anonymous way. This data will not reveal personal information.
  5. We use cookies on the Site. A cookie is a small text file that the Site may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the Site. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the Site. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the Site.
  6. We collect, hold and use your personal information so that we can:
    1. provide you with the Services, and manage our relationship with you;
    2. send news, information about our activities and general promotional material which we believe may be useful to you;
    3. monitor or profile the type of people accessing the website or using services offered on the website;
    4. contact you, for example, to respond to your queries or complaints, or if we need to tell you something important;
    5. comply with our legal obligations and assist government and law enforcement agencies or regulators, including where suspicious activity is detected and will comply with any requests by officers of the law in their fulfilment of duties to investigate any illegal activity; or
    6. identify and tell you about other products or services that we think may be of interest to you.
  7. If you do not provide us with your personal information, we may not be able to provide you with our services, communicate with you or respond to your enquiries.
  8. We will collect your personal information directly from you whenever you interact with us.
  9. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.
  10. We store most information about you in computer systems and databases operated by either us or our external service providers.
  11. We endeavour to keep your personal information confidential at all times. However, as the Site and the data are transmitted through and accessed by third party (such as website host, email host, google etc.) before reaching us, our obligation to keep your information confidential is subject to those third parties’ privacy policy.
  12. We may transfer or disclose your personal information to our related companies.
  13. We may disclose personal information to external service providers so that they may perform services for us or on our behalf, including without limitation website hosts, IT back-up service providers, and other IT or payment service providers.
  14. We may also disclose your personal information to other third parties where:
    1. we are required or authorised by law to do so;
    2. you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
    3. we are otherwise permitted to disclose the information under the Privacy Act 1988 (Cth).
  15. If the ownership or control of all or part of our business changes, we may transfer your personal information to the new owner.
  16. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this Site or which a reasonable person in your position would not expect.
  17. We will use your personal information to offer you Services we believe may interest you, but we will not do so if you tell us not to. These Services may be offered by us, our related companies, our other business partners or our service providers.
  18. Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.
  19. You may access or request correction or deletion of the personal information that we hold about you by contacting us. Our contact details are set out below. There are some circumstances in which we are not required to give you access to your personal information.
  20. There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
  21. We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.
  22. If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. We will consider your complaint and determine whether it requires further investigation.
  23. From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our Site.

PART C – TERMS OF SERVICES

For the purpose of Part C, the words “we”, “us” and “our” refer to New Medical Enterprises Pty Ltd (ABN 54 129 850 746). The words “you”, “your” refer to you, being a general practitioner, a pharmacist, a clinic of general practitioners, or the body corporate(s) represented by you, a general practitioner, the pharmacist, a clinic of general practitioners. These Terms of Services supplement the Terms of Use and the Privacy Policy.

  1. Our contract with you
    1. These Terms of Services apply to the supply of Services (as defined under clause 2) by us to you the practitioner, the clinic, or the pharmacist, who is using our Services or any body corporate represented by a practitioner, or pharmacist who is using our Services (Contract). To the extent permitted by law, except for where it is otherwise provided in these Terms, no other terms are implied to our provision of the Services by trade, custom, practice or course of dealing.
    2. The Contract contains the general terms applicable between you and us in relation to the provision of our Services. The Contract may be varied by other service agreements, subscription contracts or any agreements reached between us or entered into specifically with terms customed to each specific arrangements or engagement (Separate Engagement). Subject to any Separate Engagement applicable to you, you acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract or in that Separate Engagement.
  2. Our Services
    1. Our Services include (Service):
      1. In relation to the Site and to the Platform provided by the Site:
        1. displaying and the transmitting of information by way of coding and programming the Site;
        2. computing relevant data on the Site, including the data supplied by you and referring or directing specific information available on the Site to you;
        3. maintaining the Site inclusive of the Platform;
        4. granting you a licence to use the Platform within the Site made available to you depending on your election of subscription type;
        5. technical support relating to the use of the Site;
        6. transmitting information between you and the medical practitioner, clinics, the pharmacist and/or other eligible users
      2. in relation to the software for general practitioners and clinics:
        1. installing and setting up the software necessary to operate the Site, inclusive of third-party secure messaging software where required;
        2. providing all industry standard back-up system to prevent data loss;
        3. training for practice managers, nurses and practitioners for using of the Site.

        If we are unable to supply you with the Services for any reason, we will inform you of this by email. If you have already paid for the Services, we will refund you the relevant amount.

    2. The Site displays, receives, stores and passes on information between the users of the Site also provides a platform where you can interact with other users of the Site. We are the provider of the Services on our Site. However, we are not the provider of the information associated with other users. The Site does not accept or take responsibility of the communication between the Site users and any subsequent activities undertaken by you pursuant to such communication.
    3. We are not medical services providers, the Services do not constitute the provision of medical services or advice by us. We do not warrant that the information displayed on the Site will be suitable to your specific needs and requirements. It is the responsibility of the user to ensure that information supplied by the user is provided with reasonable care and skill. We, our directors, officers, agents, employees, contractors, advisors and any other of our affiliates exclude any liability to you in contract, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by you and/or any other person, or for any costs, charges or expense incurred by you, arising from or in connection with your use or access of the Site information.
    4. The provision of the Service to you may be subject to limitations, including but not limited to monthly transaction/activities volumes as legislated (Service Cap).
  3. Accounts
    1.  You may be directed to register and create an account on our Site if you wish to access and use the Services. To register, you will need to supply your personal information including but not limited to your names, address, phone number, email address, and/or financial information (such as credit card and banking details). Your information will be collected, stored and managed in accordance with our Privacy Policy set out below. You must provide complete and accurate information for your account registration.
    2. You must not register multiple accounts and have more than one active account at any one time. Your account is non-transferrable and you must not share or let someone else use your account apart from users that you invited or authorise to use your account (Invited User). You may limit the Invited User’s access level to your account. Your Invited User’s use of the Site will be your sole responsibility.
    3. You warrant that you have the full authority to create account on our Site with the information you supply.
    4. It is your responsibility to keep your account password secure. We are not responsible for any unauthorised activity on your account however, we may refer suspicious activities on your account to the relevant authorities.
    5. You may terminate your account in accordance with these terms or the applicable Separate Engagement.
  4. Payment
    1. In consideration of us providing the Services, you must pay our charges (Charges) in accordance with this clause.
    2. The Charges include the fees quoted on our Site and the fee schedule included in your Separate Engagement (if any) at the time when you elect to obtain our Services. The Charges published on out Site should prevail unless it is otherwise set out in your Separate Engagement.
    3. The Charges may be affected by the Service Cap applicable to you, if there are any changes to the Service Cap, we will notify you.
    4. The Charges may be billed to a credit card. The invoice for each Charge will be issued for each transaction. The Charges may be billed to you for each transaction as they occurred or on a periodic basis.
    5. You must pay the amounts by the due date as set out in the invoice, the amount may include taxes and duties that are applicable to the transaction. You are responsible for payment of all taxes and duties in addition to the Charges.
    6. You may from time to time be offered preferential pricing or discounts for the Charges. Such offer will only be valid and redeemable to discount your payment if all our invoices are paid up to date with cleared funds.
    7. Where available, you may elect to acquire additional level of Services to add onto the Service level that you have selected. It is our sole discretion whether to provide such additional Services to you. If we elect to do so, we will advise you with the additional Charges that may be applicable to you.
  5. Breach
    1. If you breach these Terms, or if our ability to perform the Services is prevented or delayed by any failure or breach by you of these Terms (Your Breach):
      1. we will be entitled to suspend performance of the Services until you remedy Your Breach, and to rely on Your Breach to relieve us from the performance of the Services, in each case to the extent Your Breach prevents or delays performance of the Services;
      2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services;
      3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Breach; and
      4. we may terminate the provision of our Services to you and all payments from you are not refundable.
    2. You will indemnify, and keep indemnified, us, our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose  out  of, in connection with or  in respect  of your  conduct  or  Your Breach  (or  any  conduct  or  breach  by your  officers, employees, contractors, associates, affiliates or agents).
    3. The termination of our Services does not affect any party’s accrued rights or liabilities and these Terms will continue to apply.
  6. Intellectual Property
    1. All our Intellectual Property used or licensed under or in connection with this Contract remains our sole, exclusive and absolute property.
    2. We grants you an exclusive, non-transferable licence for the term of the Services to use the Intellectual Property we supply you under or in connection with this Contract solely for use by you.
    3. To the extent that third party Intellectual Property is used for the purpose of this agreement, we grant you a non-exclusive, non-transferable licence to use such third party Intellectual Property for the purpose of the use of the Site including the Platform only and subject to the terms of any licence agreement with such third party in relation to such third party Intellectual Property.
    4. You are responsible for and remain the owner of any Patient Data transmitted via the Site. Access to Patient Data may however be subject to full payment of all Charges as they become due and payable.
    5. For the purpose of this clause 6:
    6. Intellectual Property means any intellectual, industrial or commercial property, or right of a proprietary nature, including:
      1. any patent, trade mark, service mark or design;
      2. any copyright or work of authorship;
      3. any business, trade or commercial name or designation, brand name, internet website domain name, logo, symbol, source indication or origin appellation;
      4. any confidential information;
      5. any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise;
      6. any licence or other right to use or grant the user, or to become the registered proprietor or user of, any previous item; and
      7. any document of title, letters patent, deed of grant or other document or agreement relating to any previous item,

        whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description.
        Patient Data means any data imputed by you into the Site regarding patients their prescriptions and their health concerns.

  7. Disclaimer
    1. We are not liable at any time during the term of the Services for any loss incurred by you resulting from any supply of any Services or any failure to perform any Services. We are not liable at any time for any indirect, consequential or special loss incurred by you arising out of or in connection with this Contract.
    2. Any agreement, supplier’s warranty or supplier’s liability that would be implied into this Contract by any law is excluded, to the fullest extent permitted by law.
    3. We do not collect, store or maintain patient information and are not responsible for the collection, storage or maintenance of any patient information. You must take all measures necessary to ensure your compliance with privacy laws and regulations pertaining to patient confidentiality and data protection. You must hold us harmless and fully indemnify us against any claims by a patient regarding any breach to patient confidentiality or data privacy.
  8. Force Majeure
    1. In this clause, an Event of Force Majeure means an act or occurrence beyond the reasonable control of a party including but not limited to acts of God, acts of war or riots, weather occurrences, labour disputes or Government action, or any other cause (whether similar to the foregoing or not) which delays or prevents a party from meeting its obligations under this agreement.
    2. Our obligations are suspended during an Event of Force Majeure and to the extent that we are unable to comply with our obligations as a direct result of an Event of Force Majeure.
    3. We will:
      1. use all reasonable endeavours to overcome the effects of the Event of Force Majeure; and
      2. resume performance of our obligations under this Contract as soon as possible after the Event of Force Majeure has abated to the extent necessary to permit a resumption of performance.
    4. Without limiting the generality of clause 8.2 you acknowledge that, where prevented from complying with its obligations under this agreement as a result of an Event of Force Majeure we are not liable for damages of any kind, including for consequential loss, loss of profits or special loss, arising out of or resulting from that failure to comply.