Disclaimer & Limitation of Liability

Disclaimer:

 

By accessing and / or using the website “www.davaduniya.com”, an internet based portal and Davaduniya Mobile Application/s, Android and IoS based (Collectively “E Platform”) duly owned and operated by Davaduniya Healthcare LLP (Davaduniya) and ordering / booking / availing the Services of the Davaduniya, the User / Customer /  Seller expressly understands, agrees and acknowledges that the Services offered and  provided by Davaduniya and its affiliates, independent contractors, officers or employees, service providers, consultants, licensors, vendors, suppliers, agents, business partners, third party service providers and representatives (Collectively “Company”), and each of their respective directors, officers or employees (Collectively “Protected Entities”) are made available on ‘as is’ and ‘as available’ basis, and without any warranties or conditions whether express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade.

 

Without limiting the forgoing, the User / Customer / Seller expressly understands, agrees and acknowledges that in no event the Company and the Protected Entities provide or make any representations, warranties, conditions or guarantees, express or implied for and in relation to  or in connection with:
 
  • The Services, goods/ products made available on E Platform  by Third Party Service Providers, including any guarantee or warrantee that such goods/ products are merchantable, fit for the purpose of which they are to be (or have been) purchased, have accurate description, do not cause any infringement and the third party service providers have legal title over the goods/products being offered for sale by them;
  • The E Platform  or the Services will meet the requirements or use of the  E Platform  or the Services will be uninterrupted, timely, secure or error-free,  the results that may be obtained from the use of the E Platform  or the Services will be effective, accurate or reliable, the quality of the E Platform  or the Services will meet the expectations; or any errors or defects in the E Platform  or the Services will be corrected, and
  • The provision of, or failure to provide Service by a third party service provider or any comments or feedback given by any of the User / Customer / Seller in relation to the Services provided by any third party service providers; or any content posted, displayed, uploaded, transmitted, distributed, delivered, exchanged or received by or on behalf of any User / Customer / Seller, third party service providers or other person on or through the E Platform or linked through website.
 
Limitation of Liability:
 
The User / Customer / Seller expressly understands, agrees and acknowledges to indemnify, defend and hold harmless the Company and the Protected Entities from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User / Customer / Seller pursuant to these terms. Further, the User / Customer / Seller agrees and acknowledges to hold the Company and the Protected Entities  harmless against any claims made by any third party due to, or arising out of, or in connection with, User’s / Customer’s / Seller’s use of the E Platform, any claim that the User’s / Customer’s / Seller’s material caused damage to a third party, the User’s / Customer’s / Seller’s violation of the terms, or the User’s / Customer’s / Seller’s violation of any rights of another, including any intellectual property rights.
 
Notwithstanding anything to the contrary contained herein, the Company and the Protected Entities shall be liability to the User / Customer / Seller or any third party for any direct, indirect, special, incidental, punitive, exemplary or consequential damages whatsoever those resulting or arising from, or directly or indirectly related to including, but not limited to loss of profits, goodwill, use, data or other intangible losses, whether or not foreseeable or whether or not advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the use or the inability to use the E Platform and the Services, unauthorized access to or alteration of User’s / Customer’s / Seller’s transmissions or data and statements or conduct of any third party on the E Platform and the  Services;
 
In no event shall the total aggregate liability of the Company and the Protected Entities to the User / Customer / Seller or any third party for any cause whatsoever, and regardless of the form of the action, will exceed to and at all times be limited to an aggregate amount paid, if any, by the User / Customer / Seller or any third party.
 
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law for the time being in force.

 


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