16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall Freelancer.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
• The limitations on Freelancer.com's liability to you above shall apply whether or not Freelancer.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Freelancer.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
16.2 Jurisdiction's Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
16.3 Bar to action
Freelancer.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Freelancer.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.