5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
User expressly agrees that use of Greet2k is at user's sole risk. Neither Greet2k, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Greet2k will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Greet2k, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Greet2k.
The service is provided on an "AS IS" and "AS AVAILABLE" basis. GREET2K.com and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
This dislaimer of liability applies to any form of damages or injury caused by any failure of performance, error, omisssion, interruption, deletion, defect, delay, in operation or transmission, computer virus, communication line failure, server crash, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Greet2k does not warrant that defects could be corrected or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. The user assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. User specifically is not liable for the defamatory, offensive or illegal conduct of other or third-parties and that the risl of injury from the foregoing rests entirely with user.
In no event will Greet2k, or any person or entity involved in creating, producing or distributing Greet2k or the Greet2k programme, be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of our inability to use Greet2k. User hereby acknowledges that the provisions of this section shall apply to all content on Greet2k.
Further to the aforesaid terms, neither Greet2k, nor any of its affiliates, content providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Greet2k, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occassioned thereby. None of the forgoing parties shal be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Greet2k nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the GREET2K Sites, our third party service providers, or through or from the Service will create any warranty not expressly stated in the terms.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Greet2k has no control over such sites and resources, you acknowledge and agree that Greet2k is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Greet2k shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
User agrees to defend, indemnify and hold harmless Greet2k, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Greet2k by User or User's Account.
8. LIMITATION OF LIABILITY
Under no circumstances, including, but
not limited to, negligence, shall Greet2k be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials in this site, even if Greet2k or a Greet2k authorized
representative has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. In no event shall Greet2ks' total liability to you for all damages,
losses, and causes of action whether in contract, tort (including, but not
limited to, negligence or otherwise) exceed the amount paid by you, if any, for
accessing this site.
9. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in India. Greet2k may change, add, or delete programs described in this website at any time without notice. This site is controlled by Greet2k and Greet2k makes no representation that materials in the site are appropriate or available for use outside India. Many of the images used here are for use in India only and those who choose to access these images from outside India do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.This agreement shall be governed by and construed in accordance with the laws of the Calcutta High Court, without giving effect to any principles of conflicts of law.
This agreement is effective until terminated by
either party. You may terminate this agreement at any time by destroying all
materials obtained Greet2k site and all related
documentation and all copies and installations thereof, whether made under the
terms of this agreement or otherwise. This agreement will terminate immediately
without notice from Greet2k if in Greet2k sole discretion you fail to
comply with any term or provision of this agreement. Upon termination, you must
destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.