Disclaimer: Warranties, Limitation of liability, And Indemnification

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1. Disclaimer of Warranties

You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. to the fullest extent permitted by applicable law, WishDish, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("WishDish parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the WishDish parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any

• Errors, Mistakes, or Inaccuracies of Content,


• Personal Injury or Property Damage, of any nature whatsoever, resulting from your access to and use of the services,


• Any unauthorized access to or use of our servers and/or any and all personal information stored therein,


• Any interruption or cessation of transmission to or from the services,


• Any Bugs, Viruses, Trojan Horses, or the like which may be transmitted to or through the services through the actions of any third party,


• Any Loss of your data or content from the services and/or


• Any Errors or Omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

You acknowledge and agree that all the images displayed on the website or mobile application as the case maybe are for aesthetic purpose and for reference only and do not represent the actual dish.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The WishDish parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from WishDish or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by WishDish, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

2. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the WishDish parties be liable to you for any damages resulting from any

• Errors, Mistakes, or Inaccuracies of content, and/or


• Personal Injury or Property Damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, and/or


• Any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or


• Any interruption or cessation of transmission to or from our servers, and/or


• Any Bugs, Viruses, Trojan Horses, or the like, which may be transmitted to or through the services by any third party, and/or


• Any loss of your data or content from the services, and/or


• Any Errors or Omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the WishDish parties are advised of the possibility of such damages, and/or


• The disclosure of information pursuant to these terms or our privacy policy, and/or


• Your failure to keep your password or account details secure and confidential, and/or


• Loss or Damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services, and/or delay or failure in performance resulting from causes beyond WishDish's reasonable control.

In no event shall the WishDish parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

3. Indemnification

You agree to indemnify, defend, and hold harmless the WishDish Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• Your Content,


• Your unauthorized use of the Services, or products or services included or advertised in the Services;


• Your access to and use of the Services;


• Your violation of any rights of another party; or


• Your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.

We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.