Encash MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT AND THE SERVICES AND PROVIDE IT ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE TO USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT USE OF THE CONTENT AND THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR THAT THE CONTENT AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; NOR DO WE MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO (i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT AND THE SERVICES, (ii) COMPLETE AND GUARANTEED PROTECTION OF INFORMATION, INCLUDING PERSONAL INFORMATION, THAT YOU PROVIDE TO US, (iii) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, (iv) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE, (v) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE CONTENT AND THE SERVICES, INCLUDING FOR DEFECTIVE PRODUCTS AND (vi) ANY WARRANTIES THAT THE APPS, THE SERVICES, ITS SERVERS, OR EMAILS SENT FROM US ARE FREE FROM HARMFUL COMPONENTS, SUCH AS VIRUSES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL Encash, ITS SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (THE “Encash ENTITIES”), WHETHER OR NOT THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR RELATED TO YOUR USE OF THE APPS, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APPS, THE SERVICES OR THESE TERMS AND, WITH RESPECT TO THE SERVICES FOR: (i) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED ON THE APPS OR THE SERVICES, (iii) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, (iv) ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, (v) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE Encash SERVICES, INCLUDING THE AVAILABILITY OF A COUPON, (vi) ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES, (vii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (viii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (a)THE AMOUNTS, IF ANY, YOU HAVE PAID TO Encash FOR ACCESS TO AND USE OF THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (b) Rs 500.00. YOU SPECIFICALLY ACKNOWLEDGE THAT THE Encash ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Encash AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Encash, ITS SUBSIDIARIES, AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, "Encash INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS, MADE BY ANY THIRD PARTY ARISING FROM OR RELATED TO (i) YOUR (OR ANY USERS OF YOUR ACCOUNT) ACCESS TO, USE OR ALLEGED USE OR MISUSE OF THE APPS, THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS TO CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE APPS OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (ii) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; (iii) YOUR VIOLATION, OR ANY PARTY USING YOUR ACCOUNT, OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT OR (iv) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. THE Encash INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE Encash INDEMNIFIED PARTIES (i.e. "INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED Encash INDEMNIFIED PARTIES. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES
Encash reserves the right to terminate the right to use the Services by a user who infringes the copyrights of a third-party. If you believe that your work or the work of a third-party has been copied in a way that constitutes copyright infringement, and you would like to bring this material to Encash attention, please provide us with the written information specified below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located on the Services; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The email contact information for notice of claims of copyright infringement is: contect@Encash.co. Please note that this procedure is exclusively for notifying us that copyrighted material has been infringed.
If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us by email at contact@Encash.co.