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Disclaimer
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No Warranties
The Kagaaz Store, on behalf of itself and its owners, employees, affiliates, partners and their successors ("The Kagaaz Store Parties"), hereby disclaims all warranties. All the materials, products and Services, included on or otherwise made available to You through this Website are provided "as is" and "as available" basis without any representation or warranties, expressed or implied except otherwise specified in writing. Neither The Kaagaz Store nor The Kagaaz Store Parties warrant that the Website or the Services will meet Your requirements or that the operation of the Website or the Services will be uninterrupted or error-free. Neither The Kaagaz Store nor The Kagaaz Store Parties has any liability whatsoever for Your use of the Website or Services.
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Responsibility for Damage
You agree to use the Website and its Services at Your own risk. You will not hold The Kagaaz Store Parties responsible for any damage that arises from Your use or access to the Website, including without limitation any damage to Your computers or data. The information and Services may contain bugs, errors, problems or other limitations. You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other The Kagaaz Store policies, and with any applicable laws or regulations.
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Indemnity by You
You agree to defend, indemnify and hold harmless The Kagaaz Store and The Kagaaz Store Parties from and against any and all claims, liabilities, damages, actions, demands, causes of action and other proceedings ("Claims"), including but not limited to legal costs and fees, arising out of or relating to:
(i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement;
(ii) Your access to or use of the Website or Services;
(iii) representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of Your infringement of any applicable laws,
(iv) regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
The Kagaaz Store Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claims as to which You are required to defend, indemnify or hold harmless The Kagaaz Store Parties. You may not settle any Claim without the prior written consent of the concerned The Kagaaz Store Parties.
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Limitation of Liability
The liability of The Kagaaz Store and The Kagaaz Store Parties is limited. To the maximum extent permitted by law, in no event shall The Kagaaz Store or The Kagaaz Store Parties be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of whether the foreseeability of those damages or of any advice or notice given to The Kagaaz Store or The Kagaaz Store Parties) arising out of or in connection with Your use of the Website or Services. This limitation shall apply regardless of whether the damages arise out of breach of contract or any other legal theory or form of action. Additionally, the maximum liability of The Kagaaz Store and The Kagaaz Store Parties to You under all circumstances will be equal to the aggregate price You paid to The Kaagaz Store during the year of the incident or incidents giving rise to such liability. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between The Kaagaz Store and You. The Website and Services would not be provided without such limitations.
The above disclaimers, waivers and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between You and The Kaagaz Store or between You and any of The Kagaaz Store Parties. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. The Kagaaz Store Parties are intended third-party beneficiaries of these disclaimers, waivers and limitations. No advice or information, whether oral or written, obtained by You through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
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General Representation and Warranty
You represent and warrant that Your use of the Website and Services will be in accordance with the Terms and Conditions and other policies of The Kaagaz Store.
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