These terms constitute an agreement between You and Rehash Technologies Pvt. Limited having offices at Bangalore and its direct and indirect affiliates (“Rehash”). Access or use of the website https://www.rehash.mobi/ and/or the Rehash Mobile Application or service provided therein for which You seek registration constitutes acceptance of this Agreement. If You do not agree to abide by the terms and conditions of this Agreement, please do not register for or otherwise access or use this Website and/ the Rehash Mobile Application.
Rehash may change any of the terms in this Agreement at any time. Changes will become effective upon posting. If You do not wish choose to accept the changes to the terms of this Agreement, You may cancel your access to the relevant website as described below herein. Continued use of https://www.rehash.mobi/ and/or the Rehash application on various platforms accessed through Your Rehash Account constitutes Your acceptance of the terms of the modified Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, request, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Note: Rehash does not provide the services listed in the Webiste/Mobile Application and Rehash is not a service provider. Rehash is a software or a technology company which enables the user to book service directly with manufacturers/owners of the owned consumer product. It is up to the Brand/Manufacturer or their service providers to offer the services which may be scheduled through the use of the App/Website. Rehash offers information and a method to obtain such services, but does not and does not intend to provide the services or act in any way as a service provider and has no responsibility or liability for any services provided to you by such third parties.
1. The Website
Rehash offers facilitation services through its website https://www.rehash.mobi/ and/or the Rehash Mobile Application, available through the Internet that requires end user registration. This document will refer to these digital assets, including software, products, applications or other services offered in connection with Rehash web properties, collectively as "the Website".
Rehash offers an application downloadable to application enabled mobile devices, hereinafter called as the “Mobile Application”.
2. Ownership of the Information, Materials and Software of the Website and the Mobile Application
You expressly acknowledge and agree that (a) the Website and the Mobile Application contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"); (b) all right, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to Rehash or its licensors; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.
3. Use of the Information and Materials of the Website and the Mobile Application
3.1. Limited End User License. Rehash grants a limited license to all users of the Website and the Mobile Application that is nonexclusive, personal, and non- transferable and may not be sublicensed. Website Licensees may use, display, and, when such functions are available on the Website, reformat, download, and print Materials obtained through the Website solely for their own personal, non-commercial, educational purposes. Login Credentials (username and password) may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.
3.2. Permitted Uses of Materials. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the Website and/ or the mobile Application in memoranda, reports and presentations, only to the extent that such use is for educational purposes and of a non-commercial nature, and is otherwise permissible as "fair use", “fair dealing” or its equivalent under applicable copyright and intellectual property laws. In each such instance, You must include proximate to any excerpted Materials all copyright, trademark and other notices from the Website and/ or the Mobile Application (whether or not included in the particular Materials used), and appropriate source attribution to Rehash.
3.3. Prohibited uses of Materials. Except as You may be expressly permitted by this Agreement under Section 3.2 above or pursuant to express written permission obtained from Rehash, You may not use, modify, adapt, reformat, download, upload, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Rehash. You may not reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the Website and/ or the Mobile Application to anyone, including but not limited to others in the same company, or other organization, whether or not for a charge or other consideration.
3.4. Permissions. If You wish to request permission to reproduce Materials from the Website and /or the mobile Application for other than the specifically authorized purpose, or if You have any questions about the proper way to include any notices required under Section 3.2, You may contact the Rehash Representative using contact info available at Website and /or the Mobile Application.
4. Availability of the Website and /or the Mobile Application and the Materials.
Rehash may at any time, with or without notice to You, restrict the use and accessibility of the Website and /or the Mobile Application as well as limit the duration and amount of use made of the Website and /or the Mobile Application. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances which are beyond Rehash’s control. Rehash may change or discontinue any portion, feature, or content of the Website and /or the Mobile Application at any time with or without notice to You; however, Rehash will make reasonable efforts to provide end users notice of significant changes to the Website and /or the Mobile Application when feasible and provide alternative materials if substantial portions of the Website and /or the Mobile Application are removed.
5. Third Party Websites and Content.
Rehash assumes no responsibility for any Materials posted by third parties or End Users on the Website and /or the Mobile Application or accessed on the Website and /or the Mobile Application through hypertext or other computer "links" to sites hosted by third parties that are outside of Rehash’s control (“Third-Party Site or Contents”). Rehash does not endorse products, services or information provided by such third parties and 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 or reliance on any content, goods or services available on or through any Third Party Site or Contents or otherwise posted by third parties on the Website and /or the Mobile Application. In the event, You are directed to a Third Party Site or any such like Mobile Application, it shall be implied that such session is being governed by the Terms and Conditions of the concerned Third Party Site or Mobile Application.
6. End User Content
6.1. The Website and /or the Mobile Application may provide functionalities for users to upload or post, ideas, information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials or submissions ("End User Content"). You should only post End User Content that is Your own original work or for which You have otherwise obtained the necessary right or permission to publicly broadcast. The views and opinions expressed in any End User Content do not necessarily reflect those of Rehash. The end user who posted the End User Content is solely responsible for such End User Content. You acknowledge that Rehash does not pre-screen End User Content. Rehash and its designees reserve the right (but not the obligation) at their sole discretion to monitor, refuse to post, or remove any End User Content for any reason. Rehash reserves the right to terminate Your access to the Website and /or the Mobile Application to prevent further posting of prohibited End User Content.
6.2. Rehash does not guarantee the accuracy, integrity or quality of End User Content and disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from End User Content posted, emailed or otherwise transmitted via the Website and /or the Mobile Application.
6.3. Prohibited End User Content. You agree not to upload, post, email or otherwise transmit any End User Content that:
6.3.1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
6.3.2. You do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.3.3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6.3.4. contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;
6.3.5. contains advertising or promotional material of any kind;
6.3.6. contains a third party’s Personal Information;
6.4. Rehash’s Use of End User Content. By posting End User Content, You grant Rehash a perpetual license to host, transmit, use and distribute such End User Content for the purposes for which it is posted. You acknowledge and agree that Rehash reserves the right to preserve End User Content as long as the end user maintains an account at the Website and /or the Mobile Application, and for a reasonable time thereafter. 6.4.1You acknowledge and agree that Rehash reserves the right to disclose End User Content in association with Your Personal Information if required to do so by law or based on the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any End User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Rehash, its users and the public.
7. Restrictions on Use of the Website and /or the Mobile Application.
You agree not to use the Website and /or the Mobile Application to:
7.1. upload, post, email or otherwise transmit any prohibited End User Content described in Section 6 or otherwise violate this Agreement.
7.2. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; including using another person’s Login Credentials
7.3. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form solicitation;
7.4. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website and /or the Mobile Application, any data or content found on or accessed through the Website and /or the Mobile Application;
7.5. obtain or attempt to obtain through any means any Materials, End User Content, or any other data, content, software or code available on or through the Website (“Website Content”) and /or the Mobile Application that have not been intentionally made publicly available either by their public display on the Website and /or the Mobile Application or through their accessibility by a visible link on the Website and /or the Mobile Application;
7.6. Violate any measure employed to limit or prevent access to the Website and /or the Mobile Application or Widgets, Plug-ins if any;
7.7. violate the security of the Website and /or the Mobile Application or attempt to gain unauthorized access to the Website and /or the Mobile Application, Website Content, or computer systems or networks connected to any service of the Website and /or the Mobile Application through hacking, password mining or any other means;
7.8. interfere or attempt to interfere with the proper working of the Website and /or the Mobile Application or any activities conducted on or through the Website and /or the Mobile Application, including accessing any Website Content prior to the time that it is intended to be available to the public on the Website and /or the Mobile Application;
7.9. take or attempt any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Website and /or the Mobile Application or the infrastructure of the Website and /or the Mobile Application;
7.10. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges or to normally post messages, articles, or submissions;
7.11. interfere with or disrupt the Website or servers or networks connected to the Website and /or the Mobile Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and /or the Mobile Application;
7.12. violate any applicable local, state, national or international law or the rules or other policies of Your institution or other organization
8. Your Other Responsibilities Concerning Registration for the Website and /or the Mobile Application
8.1. By registering for the Website under this Agreement, You certify to Rehash that: (a) the information You have provided to Rehash in order to register as an end user is complete, accurate and current; (b) You will notify Rehash within 15 days of any change in Your registration information; (c) that you consent to the receipt of any notice or process at the email and/or mailing addresses provided by You; and (d) that You will not share Your username and password except as expressly authorized under the terms of Your license.
8.2. If any of these certifications is or becomes untrue, or if You do not comply in full with these requirements, Rehash has the right to suspend and/or terminate Your access to the Website and /or the Mobile Application.
8.3. You are also responsible for obtaining and using all computer hardware and software required for Your access to and use of the Website and /or the Mobile Application and for any charges incurred for Your own access to the Website and /or the Mobile Application through an Internet access provider or other third-party website.
8.4. You are responsible for all uses of the Website and /or the Mobile Application through Your username and password, whether the use is made by You personally or by someone else. You are responsible for protecting and securing Your username and password from unauthorized use and disclosure. In the event that You become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of Your username and password, You will notify us immediately by contacting us.
8.5. Rehash may, in its sole and absolute discretion, and with or without notice, suspend Your access to all or any part of the Website and /or the Mobile Application, or terminate this Agreement and thus Your rights to use the Website and /or the Mobile Application, for any conduct or use (whether by You or anyone else having access under Your username or password) that Rehash believes is a violation of this Agreement or for any other conduct or use that Rehash believes is harmful to other end users, content providers, or to the Website and /or the Mobile Application or the interests of Rehash.
9.1 While availing any of the payment method/s available on the Website/Mobile Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1.Lack of authorization for any transaction/s, or
2.Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3.Any payment issues arising out of the transaction, or
4.Decline of transaction for any other reason/s
9.2 All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website/Mobile Application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
9.3 Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
9.4.1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Rehash liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Rehash Website/Mobile Application and offered by the respective partners of Rehash.
9.4.3. You understand, accept and agree that the payment facility provided by Rehash is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Rehash Website/Mobile Application using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Rehash is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
9.5.1 You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
9.5.2 You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
9.5.3 You, as a Buyer, shall electronically notify Payment Facility using the appropriate Rehash Website/Mobile Application features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
9.5.4 You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
9.5.5 You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
188.8.131.52. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
184.108.40.206. For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
220.127.116.11. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
18.104.22.168. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
22.214.171.124. Refund shall be conditional and shall be with recourse available to Rehash in case of any misuse by Buyer.
126.96.36.199. Refund shall be subject to Buyer complying with Policies.
9.6. Rehash reserves the right to impose limits on the number of Transactions or Transaction Price which Flipkart may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
9.7. Rehash reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Rehash or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
9.8. Rehash may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Rehash. As a result of such check if Rehash is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
9.9. Rehash may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Rehash deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Flipkart may hold Transaction Price and Rehash may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
9.10. The Buyer and Seller acknowledge that Rehash will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Rehash.
9.11. Buyer's arrangement with Issuing Bank:
9.11.1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
9.12. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Services facilitated by Rehash include the following. This list is not an exhaustive list.
10.1. Extended Warranty:
10.1.1. Rehash provides for the service of applying for extended warranty, the acceptance of such warranty shall be at the sole discretion of the company/entity providing such warranty or service and Rehash shall not be responsible if such warranty request is not accepted by the company/entity offering such services
10.1.2. The extended warranty shall be according to the terms and conditions provided by the company/entity offering such services and Rehash shall only act as a Third Party as a medium for such service.
10.1.3. All extended warranties are to be purchased during the Standard Manufacturer’s Warranty period. Such purchase shall be done by You by providing payment through Rehash’s App/Website.
10.1.4. You shall be responsible to ensure all purchases or applications for services made through the App/Website confirm to the specifications of the products an equipment for which such service is sought and Rehash will in no way be responsible for any payment made by You for any products and equipment for which such service/warranty/AMC is not applicable or permissible as per the terms and conditions of the company/entity offering such services.
10.1.5. Rehash shall not be responsible if the company/entity providing such warranty or service do not send anyone for the Service. Rehash extends its services only to providing of the purchase of the extended warranty
10.1.6. You should read the terms and conditions of the extended warranty prior to applying for the extended warranty on the App/Website.
10.2. Annual Maintenance Contract (AMC):
10.2.1. You agree and acknowledge that whenever you apply for an AMC, acceptance of AMC depends on condition of the machine/equipment/product
10.2.2. Rehash shall not be responsible if the company/entity providing such a warranty or service do not send anyone for the service. Rehash extends its service only to providing of purchase of the AMC
10.2.3. You should read the terms and conditions of the AMC prior to applying for any AMC on the App/Website
10.2.4. You accept and understand that if you do not require the services as claimed for, such services shall be terminated immediately or at any time which is reasonable. The payment made for the AMC through App/ Website shall not be refundable. The payment for AMC includes service taxes as applicable
11. Refunds and Cancellations
Except as expressly permitted under this Agreement, no refunds for any cancellations would be given.
11.1. The AMC and Extended Warranty payment shall be made at the beginning of the service in advance. You shall not be able to terminate the services, once availed and in such a case the payment shall not be refundable to the User.
11.2. If You place the order and due to some reason (unexpected lack of inventory or any other reason) Rehash is not able to provide such service, the request will be cancelled and the amount will be refunded without any interest and any further obligations and liability on Rehash.
11.3. If Rehash fails to provide the asked service within the specified deadline, the request will be cancelled and the amount will be refunded to You without any interest and any further obligations and liability on Rehash.
11.4. In the event that a service is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Rehash may, at its discretion, either contact You for instructions or cancel the order and notify You of such cancellation. In such cases Rehash will refund the charged amount to You (only for which the payment is already received) without any interest and any further obligations and liability on You.
11.5. In case the payment mode of the refunded order is Online (Credit Card/Net Banking) the amount may be refunded to your Card Account or Bank Account.
>11.6. In an event when the payment is made with the App/ Website, and the payment could not be reached to the company/entity offering such services or otherwise is a failed transaction, but such amount is received by Rehash, in such a case the amount paid by You will be refunded by Rehash to You without any interest and any further obligations and liability on Rehash.
>11.7. You agree and accept that refund of payment is at the sole discretion of Rehash and can take time and Rehash makes no representations and warranties in relation to refund of payments and the time within which the amounts will be refunded.
11.8. Rehash will not be in any obligation for the payments made otherwise than online payments through Rehash. It shall not take any responsibility for any representations, amounts, services or whatsoever the case lays.
12. Disclaimer of Warranties
12.1. REHASH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE AND /OR THE MOBILE APPLICATION. THE WEBSITE AND /OR THE MOBILE APPLICATION AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE AND /OR THE MOBILE APPLICATION ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, REHASH DISCLAIMS ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO LICENSEES UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE AND /OR THE MOBILE APPLICATION. REHASH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE WEBSITE AND /OR THE MOBILE APPLICATIONWILL BE AVAILABLE OR ERROR FREE OR WHETHER ANY INFORMATION ON THE WEBSITE AND /OR THE MOBILE APPLICATION OR ANY WEBSITE AND /OR THE MOBILE APPLICATION WITH WHICH THIS WEBSITE AND /OR THE MOBILE APPLICATION IS LINKED IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF THE INFORMATION, OPINOINS, AND OTHER MATERIALS INCLUDED ON THE WEBSITE AND /OR THE MOBILE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12.2. You expressly agree that Your use of the Website and /or the Mobile Application is at Your sole risk. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by an Rehash employee or other representative or otherwise, which is not contained in this Agreement shall be deemed to be a warranty by Rehash for any purpose or give rise to any liability of whatsoever nature and You agree that You will not rely on any such statement, information or advice.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REHASH AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LOSSES, EXPENSES OR OTHER LIABILITIES OF WHATEVER NATURE ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE AND /OR THE MOBILE APPLICATION – INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS CAUSED BY YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES, OR OTHER LOSSES OF ANY KIND OR CHARACTER RELATED TO YOUR USE OF THE WEBSITE AND /OR THE MOBILE APPLICATION -- EVEN IF REHASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND /OR THE MOBILE APPLICATION, OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK-UP AND VIRUS-CHECKING AS YOU CONSIDER NECESSARY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. Indemnification by You.
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Rehash and its Related Parties from and against any and all claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim), incurred or suffered by Rehash and/or its Related Parties, directly or indirectly, by reason of any act or omission which You or any of Your agents, contractors, employees or representatives commit in breach of this Agreement or in violation of any third-party rights or any laws or regulations that may apply to Your use of the Website and /or the Mobile Application or any Website Content.
15. Compliance with Indian Export Requirements
This Agreement and Your use of the Website and /or the Mobile Application are subject to any laws, regulations, orders or other restrictions on export from the Republic of India, of certain materials and technical data which may be imposed from time to time by the Indian Government. Therefore, You will not transfer, directly or indirectly, by electronic means or otherwise, any Website Content or application content, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the Indian Government or any agency thereof requires an export license or other governmental approval at the time of export without first obtaining such license or approval.
16. This Agreement is personal to You, and You may not assign, transfer or delegate Your rights or obligations under this Agreement to anyone. Rehash may assign or delegate its rights or obligations under this Agreement.
17. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable according to its terms.
18. This Agreement is the entire agreement between Rehash and You with respect to the Website and /or the Mobile Application. Headings in this Agreement are for Your convenience only and do not have any legal meaning or effect. If Rehash waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by Your or Rehash’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. In addition to being a part of the registration form, this Agreement resides on the Website under the “Terms and Conditions” link so that You may reference it at any time.