C. ADDITIONAL TERMS & CONDITIONS AND VARIATION
D. ACCOUNTS AND SECURITY
1. You hereby agree and acknowledge that certain features or services offered on or through the Site may require you to open an Account. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), Nirvana has the absolute right to reject or refuse your registration or opening of Account or your request or purchase of any Products and/or Services under the Site and need not give any reason whatsoever.
2. You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your Login and password, and for any and all activities that occurs under your Account. You shall notify Nirvana immediately of any unauthorized use of your Account, Login or password, or any other breach of security. You shall ensure that your Account information is kept secure and confidential and is accurate and up-to-date. You are fully responsible for all activities that occur under your Login and Account. You may be held liable for losses or damages incurred by Nirvana or any other user of or visitor to the Site due to the misuse or unauthorized use of your Login, password and/or Account by others. Nirvana will not be liable for any loss or damage arising from unauthorised use of your Account, Login or password or your failure to comply with this Section.
E. FORCE MAJEURE
1. Nirvana shall not be liable for any delay or failure in the performance by Nirvana of its obligations under the Site caused by or resulting from Force Majeure.
H. LIMITATION OF LIABILITY
2. No agent or representative of Nirvana is authorized to make any warranties, representations or statements regarding the Products and/or Services and Nirvana shall not in any way be bound by any such unauthorized warranties, representations or statements.
I. CONTENT AND INTELLECTUAL PROPERTY
1. By accessing and using the Site, as well as submitting any requests to Nirvana for online processing, you acknowledge and accept that such access and submission is at your own risk. Nirvana shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Site/submit any online requests to Nirvana. Without limiting the foregoing:
THE SITE, DOCUMENTS AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. NIRVANA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS THEREOF. NIRVANA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO SITE/CONTENTS, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CONTENTS, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
1. You agree to indemnify and hold harmless Nirvana, and its officers, directors, shareholders, employees, agents, subsidiaries and affiliates from and against any and all claims, actions, demands, proceedings, loss, liability, penalties, fines, costs and/or expenses (including solicitors’ fees) incurred, suffered or made against Nirvana due to or arising out of or in connection with: (a) your use or misuse of the Site; (b) any transaction made on the Site by your Login or under your Account; (c) your violation or breach of any term of these Terms of Service or Other Terms of Conditions or any policy or guidelines referred herein or (d) any Content uploaded by you.