DISCLAIMER OF WARRANTIES & LIABILITIES

 

1.1.      Users ("You" or "Your" or "Yourself" or "Users") expressly understand and agree that, to the maximum extent permitted by applicable law,

1.1.1.       The Platform (defined in User Terms) and Frenosis Property (defined in User Terms), Frenosis Services (defined in User Terms) are provided by Frenosis on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and/ or any Listed Services. Without limiting the foregoing, Frenosis makes no warranty that (i) the Platform, i.e. Frenosis Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Frenosis shall create any warranty not expressly stated in the Terms of Use.

1.1.2.       Frenosis will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Frenosis also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

1.1.3.       Frenosis will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.

1.1.4.       Frenosis shall not be responsible for the delay or inability to use the Platform, Frenosis Services, Listed Services and/ or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Frenosis shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Frenosis control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

1.1.5.       You agree to indemnify, defend and hold harmless Frenosis and its affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Frenosis Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

1.1.6.       In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Frenosis Property on the Platform.

1.1.7.       You indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Frenosis Services.

1.1.8.       Subject to applicable laws, in no event will Frenosis or its employees aggregate liability, arising from or related to the Frenosis Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.

1.1.9.       The Platform and the Frenosis Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Frenosis shall not be liable for the same, whatsoever.