Hal visited Imamaxs website, read about its new software package and decided to buy it. He completed the websites e-order form at the bottom of which, in large capital letters were the words: IMPORTANT. READ THE FOLLOWING TERMS AND CONDITIONS BEFORE SUBMITTING YOUR ORDER. SUBMISSION OF AN ORDER INDICATES YOU ACCEPT THEM. IF YOU DO NOT AGREE EXIT NOW. Clause 6 read: Imamax Ltd is not responsible for any loss, damage or injury caused through use of its products irrespective of how that loss, damage or injury occurs. Hal did not read the terms and clicked the Agree and Submit button below them (instead of the Disagree and Exit button) to submit his order and download the software. The software contained a virus that destroyed Hals hard drive.

a) What is the typical name given to a clause such as clause 6? Provide 2 examples of places where this type of clause is used that you have seen or are aware of and do you think they were legally effective (explain, why/why not)

b) What is the purpose of clause 6? In other words, what is it trying to achieve?

c) Does Clause 6 affect Hals prospects of recovering under common law? Explain

d) What prospects of recovering would Hal have under statute? Which statute and sections do you think would be applicable and why?