I. Acceptance of terms Thank you for using Delimark. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Delimark website at www.delimark.com(the "Site") and any related mobile or software applications ("Delimark Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services"). These Terms are effective for all existing and future Delimark users, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings. Please read these Terms carefully. By accessing or using the Delimark Platform, you are agreeing to these Terms and concluding a legally binding contract with Delimark Pvt. Ltd. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Delimark Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. In order to use the Services, you must first agree to the Terms. You can accept the Terms by: • Clicking to accept or agree to the Terms, where it is made available to you by Delimark in the user interface for any particular Service; or • Actually using the Services. In this case, you understand and agree that Delimark will treat your use of the Services as acceptance of the Terms from that point onwards. II. Definitions User "User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘restaurant business page’ to manage claimed business listings or otherwise. Content "Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. " Delimark Content" means content that Delimark creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Delimark or its users and is available on the Services. Restaurant(s) "Restaurant" means the restaurants listed on Delimark and any related mobile or software applications of Delimark. III. Eligibility to use the services 1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. 2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies). IV. Changes to the terms Delimark may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Zomato Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms. V. Translation of the terms Delimark may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Delimark. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others. VI. Provision of the services being offered by Delimark 1. Delimark is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Delimark provides, may require effecting certain changes in it, therefore, Delimark reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice. 2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services. 3. You acknowledge and agree that if Delimark disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. 4. You acknowledge and agree that while Delimark may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Delimark may set such fixed upper limits at any time, at Delimark discretion. 5. By using Delimark 's Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. Delimark disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Delimark reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Delimark does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Delimark. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Delimark. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Delimark. 6. Delimark reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Delimark Platform anytime in future. 7. Delimark may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Delimark Platform terms. Further, Delimark reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Delimark determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Delimark Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Delimark reserves the right to modify, cancel and discontinue its Program without notice to the User. VII. Use of services by you or user Delimark User Account Including ‘Claim Your Business Listing’ Access You must create an account in order to use some of the features offered by the Services, including without limitation to ‘claim your business listing’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions. In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Delimark or third parties to incur substantial economic damages and losses for which you may be held liable and accountable. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Delimark account for any purpose and that you will be liable for such unauthroized access. By creating an account, you agree to receive certain communications in connection with Delimark Platform or Services. For example, you might receive commentsfrom other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings. Others Terms In order to connect you to certain restaurants, we provide value added telephony services through our phone lines, which are displayed on the specific restaurant listing page on the Delimark Platform, which connect directly to restaurants’ phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the restaurant (for internal billing tracking purposes and customer service improvement at the restaurant's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Delimark. You explicitly agree and permit Delimark to record all this information when you avail the telephony services through the Delimark provided phone lines on the Delimark Platform. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to use the data owned by Delimark (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with ‘Claim Your Business Listing’ access) unless agreed to by/with Delimark in writing. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Delimark, unless you have been specifically allowed to do so, by way of a separate agreement with Delimark. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited. VIII. Content Ownership of Delimark Content and Proprietary Rights We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Delimark Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Delimark and that you shall not disclose such information without Delimark 's prior written consent. You agree to protect Delimark’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Delimark (or Delimark 's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Delimark and that you shall not disclose such information without Delimark 's prior written consent. Unless you have agreed otherwise in writing with Delimark, nothing in the Terms gives you a right to use any of Delimark 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Delimark; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Delimark’s Content in whole or in part except as expressly authorized by Delimark. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI. Your License to Delimark Content We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Delimark Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Delimark Content or our IP Rights. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances. Delimark License to Your or User Content By submitting Your Content you hereby irrevocably grant Delimark a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘restaurant business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Delimark or its Users, any third party services and their users. Representations Regarding Your or User Content You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Delimark. Content Removal We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful or in violation of the Guidelines and Polices and without any substantial evidence may be taken down at our sole discretion. Third Party Content and Links Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or online food delivery/ordering. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Delimark is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Delimark is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties. User Reviews User reviews or ratings for Restaurants do not reflect the opinion of Delimark. Delimark receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Delimark is the personal opinion of the user/reviewer only. Delimark is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Delimark Platform are independent of the reviews recieved by such advertisers. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular user’s review violates any of the Delimark’policies, the restaurant may write to us at info@delimark.com and bring such violation to our attention. Delimark may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services IX. Content guidelines and privacy policy Content Guidelines You represent that you have read, understood and agreed to our Guidelines and Polices related to Content Privacy Policy You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public X. Restrictions on use Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion: 1. Violate our Guidelines and Polices; 2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling; 3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing. 4. Contains material that violates the standards of good taste or the standards of the Services; 5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights; 6. Accuses others of illegal activity, or describes physical confrontations; 7. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations. 8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law); 9. Attempts to impersonate another person or entity; 10. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted; 11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest; 12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials; 13. Asserts or implies that Your Content is in any way sponsored or endorsed by us; 14. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services; 15. Falsely states, misrepresents, or conceals your affiliation with another person or entity; 16. Accesses or uses the account of another user without permission; 17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment; 18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services; 19. “Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else; 20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement); 21. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services; 22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services; 23. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services; 24. Collects, accesses, or stores personal information about other users of the Services; 25. Is posted by a bot; 26. Harms minors in any way; 27. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; 28. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or 29. Attempts to do any of the foregoing. You acknowledge that Delimark has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body You hereby agree and assure Delimark that the Delimark Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Delimark in any form or manner whatsoever. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Delimark Platform, Delimark shall have the right to immediately block your access and usage of the Delimark Platform and Delimark shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes. XI. User feedback If you share or send any ideas, suggestions, changes or documents regarding Delimark’s existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Delimark is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Delimark may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Delimark and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback. Please provide only specific Feedback on Delimark’s existing products or marketing strategies; do not include any ideas that Delimark’s policy will not permit it to accept or consider. Notwithstanding the abovementioned clause, Delimark or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Delimark or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Delimark’s products or marketing strategies might seem similar to ideas submitted to Delimark. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions. Terms of Idea Submission You agree that: (1) your Submissions and their Contents will automatically become the property of Delimark, without any compensation to you; (2) Delimark may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Delimark to review the Submission; and (4) there is no obligation to keep any Submissions confidential. XII. Advertising Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Delimark on the Services are subject to change without specific notice to you. In consideration for Delimark granting you access to and use of the Services, you agree that Delimark may place such advertising on the Services. Part of the site may contain advertising information or promotional material or other material submitted to Delimark by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Delimark Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Delimark found on or through the Delimark Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Delimark will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Delimark Platform and mobile application. XIII. Additional Terms and Conditions for Users using the various services offered by Delimark: A. ONLINE FOOD ORDERING: 1. It is the sole responsibility of participating restaurant ("Restaurant") to honor your order and deliver it to you. Delimark is only a conduit between you and the Restaurant. Delimark shall not be liable for any acts or omissions on part of the Restaurant including deficiency in service, wrong delivery of order, quality of food, time taken to deliver order, etc. 2. For the users in India, it is hereby clarified by Delimark that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant, importers or manufacturers of the food products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time. 3. Please note that some of the food may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Delimark shall not be liable in the event food ordered by you does not meet your dietary or any other requirements and restrictions. 4. While placing an order you shall be required to provide certain details. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an ordering. By providing these details, you express your acceptance to Delimark’s terms and privacy policies. 5. You or any person instructed by you shall not use food purchased from the online food ordering services application (the "App") for resale. 6. All prices listed on the App are correct at the time of publication, and have been placed as received from the Restaurant. While we take great care to keep them up to date, the final price charged to you by the Restaurant may change at the time of delivery. In the event of a conflict between price on the App and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price. 7. The total price for food ordered, including delivery charges and other charges, will be displayed on the App when you place your order. Users shall make full paymenttowards such food ordered via the App. 8. Delivery periods quoted at the time of ordering are approximate only, and may vary. 9. Personal Promo code can only be used by maximum of 50 new users. 10. Cancellations: Once an Order is placed by you and accepted by the Restaurant, it is not eligible for cancellation. 11. All refunds shall be processed in the same manner as they are received. Refund amount will reflect in your account based on respective banks policies. B. BOOK SERVICE/TABLE RESERVATIONS: 1. The user can make a request for booking a table at a restaurant, offering table reservation via the Delimark Platform and related mobile or software application and such booking will be confirmed to a user by email, short message service (“SMS”) and/or by any other means of communication only after the restaurant accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a table reservation. By using the Delimark Book Service, users agree to receive booking confirmations by email SMS and/or by any other means of communication after booking a table through the Delimark Book Service. User further agrees not to make more than one reservation for user’s personal use for the same mealtime. 2. Fees: Delimark may charge booking fee (“Booking Fee”) from the user upon availing the Delimark Book Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the user at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the restaurant from which payment has been made for identification purposes. 3. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant. Delimark will use its best endeavors to keep the user informed of the status of the booking. For bookings where Booking Fee is not applicable, the user may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the user is required to cancel the confirmed booking twenty four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Delimark shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, Zomato reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above. 4. Late Arrivals: Delimark advises the users to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Delimark shall in no manner be liable for such cancellation initiated by the Restaurant. Delimark hereby reserves its right to retain the Booking Fee paid by the users, in the event the user is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the restaurant. 5. Dispute: In the event the restaurant fails to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with Delimark within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Delimark will make reasonable efforts to verify the facts of such complaint/ dispute with the restaurant and may at its sole discretion initiate the refund of the Booking Fee to such user. 6. Personal Information: Users will be required to share certain personal information with Delimark and/or the restaurant including but not limited to their name, phone number, email address in order to avail the Delimark Book Service and the user hereby permits Delimark to share such personal information with the restaurant for confirming such user’s booking and/or such other communication relating to but not limited to the Delimark Book Service or any promotions by the restaurant. Delimark will use these details in accordance with the Privacy Policy published here. Delimark will share your personal information with the restaurant for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, Delimark shall in no manner be liable for any use of your personal information by such restaurant for any purpose whatsoever. 7. Additional Request: In the case of any additional request added by the user at the time of the booking, the same will be communicated to the restaurant by Delimark and confirmed to the user basis restaurant’s response. While Delimark will take all the care to ensure timely communication of these requests to both the user and the restaurant, the liability to fulfill the request lies solely with the restaurant and Delimark shall in no manner be liable if the restaurant does not honor any of the confirmed additional requests of the users. 8. Call Recording: Delimark may contact via telephone, SMS or other electronic messaging or by email with information about your Delimark Book Service or any feedback thereon. Any calls that may be made by Delimark, by itself or through a third party, to the users or the restaurant pertaining to any booking requests of a user may be recorded for internal training and quality purposes by Delimark or any third party appointed by Delimark. 9. Liability Limitation: Notwithstanding anything otherwise set out herein, Delimark shall in no manner be liable in any way for any in-person interactions with the restaurant as a result of the booking or for the User’s experience at the restaurant or in the event a restaurant does not honor a confirmed booking. Delimark is only a platform connecting users to the restaurant and shall not be liable for any acts or omissions on part of the restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the user. 10. Contact Us: You may write to us at bookings@delimark.com for any further queries with regard to the Delimark Book Service and may also contact us on the following numbers for more information: For India: +91-9473034537;. C. Delimark Membership: 1. Delimark Gold is a membership based program available to select countries which allows its members to avail Delimark Gold Offer(s) (as defined below) offered by a host of restaurants which have partnered with Delimark ("Partner Restaurants"). 2. Membership: o For users in India - As a member of Delimark Membership you will be entitled to avail Delimark Membership Offers at the Partner Restaurants ("Delimark Membership Offer(s)" ) based on and subject to the membership plan purchased by you via the Delimark Platform read along with these Terms. In order to avail the Delimark Offer(s) you shall ensure to provide your membership details, which shall be available on your Delimark website and mobile application, to the representative of the Partner Restaurant at the time of placing your order and prior to billing. The Delimark Offer(s) (i) can be redeemed only at the Partner Restaurants and such Partner Restaurants may be updated from time to time; (ii) can be redeemed only in accordance to your membership plan; (iii) is not valid on home delivery or take away; (iv) cannot be clubbed with any other offers or discounts or deals or combos or buffets extended by Partner Restaurant or Delimark; and (v) is not exchangeable for cash. The member will be responsible to pay the Partner Restaurant all costs and charges payable for all the other items consumed by the members which are not covered under the Delimark Membership Offers. 3. Update: The Partner Restaurants may change from time to time and the members are advised to keep a check on the updated list of Partner Restaurants from time to time at Delimark’s Platform. 4. Fees: In order to avail Delimark Membership, members are required to pay a membership fee which shall be based on the membership plan opted by such member. The fee chargeable for the membership plan shall be predetermined and may be revised by Delimark at its sole discretion, from time to time. Any revision in this membership fee shall be notified to the members fifteen (15) days prior to implementing such revision. 5. Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Delimark Platform. Your access to Delimark Membership shall be subject to receipt of successful payments by Delimark. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Delimark shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Delimark. 6. Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires. 7. Renewal and Cancellation: The membership is non-transferable and non-refundable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Delimark Platform. In the event you do not wish to renew the membership, you can cancel the membership at any time prior to the expiry of your membership plan. Upon cancellation of your membership, your membership plan will not be auto-renewed and you can continue to access all the unredeemed Delimark Membership Offer(s) in your cancelled membership plan until the expiry of the validity period. To cancel your membership, you are required to go to your Delimark Membership Plan on Account page on the Delimark Platform and cancel your membership. 8. Exclusion Days: Delimark Membership Offer(s) can be used any day of the week during the opening hours of the Partner Restaurant except on Exclusion Days which can be found here. In addition the Exclusion Days mentioned herein the Delimark Membership Offer(s) shall not be extended by Partner Restaurant on the days prohibited by law or regulation and/or any other days as determined by the Partner Restaurant. Members are advised to make prior enquiry with the Partner Restaurants to confirm whether the Delimark Membership Offer(s) can be redeemed. Exclusion Days for India No. DATE EVENT 1 December 31 and January 1 New Year’s Eve/Day 2 February 14 Valentine’s Day 3 As per lunar calendar Eid Al Fitr 4 As per lunar calendar Eid Al Adha 5 December 2 and December 3 National Day 6 December 24 and December 25 Christmas Eve/Day 9. Exclusion Days for Lisbon No. DATE EVENT 1 December 31 and January 1 New Year’s Eve/Day 2 February 14 Valentine’s Day 3 March 19 Father’s Day 4 1st Sunday of May Mother’s Day 5 Easter Sunday Easter 6 December 24 and December 25 Christmas Eve/Day 10. 11. Personal Information: Members will be required to share certain personal information with Delimark including their name, phone number, email address, payment details, in order to purchase Delimark Membership. Delimark will use these details in accordance with the Privacy Policy published on www. Delimark.com/privacy. 12. Disclaimer: The liability to fulfill the Delimark Membership Offer(s) rests solely with the Partner Restaurant and Delimark shall in no manner be liable if the Partner Restaurant does not honor any of the Delimark Membership Offer(s). However, in the event the Partner Restaurant refuses to honour the Delimark Membership Offer(s) in accordance with these Terms, please reach us at membershipsupport@delimark.com and we shall use our best endeavour to assist you. 13. Liability Limitation: Notwithstanding anything otherwise set out herein, Delimark shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Restaurant or for the member’s experience at the Partner Restaurant. Delimark shall in no manner be liable to the member if any outlet of Partner Restaurant temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Delimark’s aggregate liability for any or all claims arising from or in connection with your use of Delimark Membership shall be limited to the membership fee paid by you at the time of purchasing the membership. 14. Assignment: Delimark may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time. 15. Contact Us: You may contact us at membershipsupport@delimark.com for any further queries with regard to these Terms and Delimark Membeship. D. Delimark TREATS: 1. Delimark Treats is a membership based program available to select countries which allows its members to avail the Delimark Treats Offer(s) (as defined below) offered by a host of restaurants which have partnered with Delimark ("Partner Restaurants"). 2. Membership: Upon subscribing to Delimark Treats, you will be entitled to get a pre-determined free dessert item with every meal you order online via Delimark Platform from Partner Restaurants ("Delimark Treats Offer"). The Delimark Treats Offer (i) cannot be availed independently and shall be valid only along with every meal you order online using the Delimark Platform from Partner Restaurants; (ii) can be redeemed only in accordance to your membership plan; and (iii) is not exchangeable for cash. You will be liable to pay the Partner Restaurant all costs and charges payable for all the other items ordered via the Delimark Platform. 3. Update: The Partner Restaurants may change from time to time and the members are advised to keep a check on the updated list of Partner Restaurants from time to time at Delimark’s Platform. 4. Fees: In order to avail Delimark Treats, you are required to pay a membership fee which shall be based on the membership plan opted by such member. The fee chargeable for the membership plan shall be predetermined and may be revised by Delimark at its sole discretion, from time to time. 5. Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Delimark Platform. Your access to Delimark Treats shall be subject to receipt of successful payments by Delimark. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Delimark shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Delimark. 6. Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires. 7. Renewal and Cancellation: The membership is non-transferable and non-refundable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Delimark Platform. In the event you do not wish to renew the membership, you can cancel the membership at any time prior to the expiry of your membership plan. Upon cancellation of any renewal, your membership plan will not be auto-renewed, and you may continue to avail the unutilized Delimark Treats Offer as per your membership plan until the expiry of the validity period of such membership plan. To cancel your membership, you are required to go to your Delimark Treats Plan on Account page on the Delimark Platform and cancel your membership. 8. Personal Information: You will be required to share certain personal information with Delimark including their name, phone number, email address, payment details, in order to purchase Delimark Treats. Delimark will use these details in accordance with the Privacy Policy published here. 9. Disclaimer: The liability to fulfill the Delimark Treats Offer rests solely with the Partner Restaurant and Delimark shall in no manner be liable if the Partner Restaurant does not honour any of the Delimark Treats Offer(s) or in the event dessert item ordered under the Delimark Treats Offer is not available at the Partner Restaurants. However, in the event the Partner Restaurant refuses to honour the Delimark Treats Offer(s) in accordance with these Terms, please reach us at order@delimark.com and we shall use our best endeavour to assist you. 10. Liability Limitation: Delimark shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Restaurant or if any outlet of Partner Restaurant temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Delimark’s aggregate liability for any or all claims arising from or in connection with your use of Delimark Treats membership plan shall be limited to the membership fee paid by you at the time of purchasing such membership. 11. Assignment: Delimark may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time. 12. Contact Us: You may contact us at order@delimark.com for any further queries with regard to these Terms and Delimark Treats. XIV. Disclaimer of warranties, limitation of liability, and Indemnification Disclaimer of Warranties YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DELIMARK, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("DELIMARK PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING WEBSITE AND MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DELIMARK PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE DELIMARK PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DELIMARK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY DELIMARK, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DELIMARK PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO WEBSITE AND USE OF THE SERVICES INCLUDING MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DELIMARK PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES. IN NO EVENT SHALL THE DELIMARK PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. FURTHERMORE, UNLESS OTHERWISE AGREED TO IN WRITING BY DELIMARK, THE TOTAL LIABILITY OF THE DELIMARK PARTIES TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST THE DELIMARK PARTIES WILL AT ALL TIMES BE LIMITED TO FIVE THOUSAND RUPPES (RS 5000.00). Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent you are a consumer the limitations or exclusions in this section may not apply to you. Indemnification You agree to indemnify, defend, and hold harmless the Delimark Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. XV. Termination of your access to the services You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the ‘Delete Account’ button and ceasing further use of the Services. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services XVI. General terms Interpretation: The secti

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