You expressly understand and agree that, to the maximum extent permitted by applicable law :
(a) the website, services and other materials are provided by Swipe on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Swipe makes no warranty that
- the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free;
- the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable;
- the quality of the website, services or other materials will meet your expectations; or that
- any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Swipe or through or from use of the services shall create any warranty not expressly stated in these terms.
(b) Swipe will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Swipe also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
(c) Swipe will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge.
Swipe has endeavoured to ensure that all the information on the website is correct, but Swipe neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Swipe shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Swipe shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Swipe’s control. You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Swipe accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
You agree to indemnify, defend and hold harmless Swipe 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 Swipe that arise out of, result from, or may be payable by virtue of, any misuse of or damage to this website.