Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. ShopInShop Franchise Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)
Without limiting the generality of the foregoing, ShopInShop Franchise Private Limited makes no warranty:
As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website.
ShopInShop Franchise Private Limited’s entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
ShopInShop Franchise Private Limited will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
You will release, indemnify, defend and hold harmless ShopInShop Franchise Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to ShopInShop Franchise Private Limited. When ShopInShop Franchise Private Limited is threatened with suit or sued by a third party, ShopInShop Franchise Private Limited may seek written assurances from you concerning your promise to indemnify ShopInShop Franchise Private Limited; your failure to provide such assurances may be considered by ShopInShop Franchise Private Limited to be a material breach of this Agreement. ShopInShop Franchise Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of ShopInShop Franchise Private Limited choice at its expense.