11.1 To the extent permitted by law, including under the Australian Consumer Law, in no event will BP, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the BP Plus App (Representatives), be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms and/or your use of or inability to use the BP Plus App and any of the Services, except to the extent caused or contributed to by a breach of these Terms by BP or BP’s negligence or wilful misconduct. This applies to any loss or damage which you may suffer as a result of:
(a) any third party software and services embedded in the BP Plus App (see clause 8 above);
(b) any bugs, viruses, Trojans, or the like (regardless of the source of origination);
(c) the actions or inactions of other BP Plus App users;
(d) you selecting an incorrect pump number or your Selected Pump not being hung up correctly after fueling is complete when using Pay for Fuel (see clauses 4.15 and 4.16 above);
(e) the actions or inaction of participating retailers;
(f) suspension or loss of access to the BP Plus App or any functionality; and/or
(g) unauthorised use or misuse of your BP Plus App account for any reason where BP has not received written notice of cancellation in accordance with clause 3.4.
(h) any Pre-Authorisation Hold (see clause 4.3 above).
11.2 You will indemnify BP against any claims, reasonably incurred costs or expenses, damages, losses, liabilities or legal proceedings brought against BP by any other person as a result of unauthorised access to your BP Plus App account and/or your use of the BP Plus App in breach of these Terms or any third party terms (see clause 8 above), except to the extent caused or contributed to by a breach of these Terms by BP or BP’s negligence or wilful misconduct.
11.3 Nothing in this clause excludes your rights and guarantees under the Australian Consumer Law. BP acknowledges its obligations under the Australian Consumer Law.