Question
Michele owns a pool supply business which is growing and wanted to purchase a business software package that would help her manage her records and
Michele owns a pool supply business which is growing and wanted to purchase a business software package that would help her manage her records and accounts. Michele visited the Computers Rule Pty Ltd website, read about its new software package for running a business and decided to buy it. She completed the website's 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 all terms and conditions. If you do not agree exit now". Clause 92 read: "Computers Rule Pty 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." Michele did not read the terms and clicked the "Agree and Submit "button instead of the "Disagree and Exit'' button to submit her order and download the software. The software contained a virus that destroyed Michele's hard drive, from which she suffered loss of monies and business. She wants a refund and damages for her loss. Is her action likely to succeed? Give reasons for your answer
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