XI. INDEMNIFICATION
The Restaurant/Merchant agrees to indemnify, defend, and hold harmless iSkip’s 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) Restaurant/Merchant’s Content (ii) Restaurant/Merchant’s unauthorized use of
the Services or products or services included or advertised in the Services (iii)
Restaurant/Merchant’s access to Service (iv) Restaurant/Merchant’s violation of any
rights of another (v) Restaurant/Merchant’s breach of terms and conditions including
but not limited to, any infringement by the Restaurant/Merchant of the copyright or
intellectual property rights of any third party. iSkip retains the exclusive right to settle,
compromise and pay, without your prior consent, any and all claims or causes of action
which are brought against iSkip. iSkip reserves the right, at Restaurant/Merchant’s
expense, to assume the exclusive defense and control of any matter for which
Restaurant/Merchant is required to indemnify Restaurant/Merchant and the
Restaurant/Merchant agree to cooperate with iSkip’s defense of these claims. iSkip will
use reasonable efforts to notify Restaurant/Merchant of any such claim, action or
proceeding upon becoming aware of it.
The User also agrees to indemnify, defend, and hold harmless iSkip’s 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)
posting any photos which is not his/her intellectual property (ii) posts reviews,
feedbacks, or comments which are an intellectual property of another (iii) posts
defamatory content. The terms application for Merchants/Restuarants shall apply to
Users as well, in the same manner, mutatis mutanda.
XII. ADDENDUM
iSkip is at the liberty to vary or amend or change or update the terms and conditions,
from time to time entirely at its own discretion. The User and Restaurant/Merchant
shall be responsible for checking the terms and conditions from time to time and
ensure continued compliance with the said terms and conditions. User’s and
Restaurant/Merchant’s usage of iSkip’s Platform shall be deemed as express
acceptance to such amended/changed terms and the User and the
Restaurant/Merchant agrees to be bound by such changed/amended Terms and
Conditions. The User and Restaurant/Merchant may be required to install certain
upgrades or updates to the software in order to continue 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 term and
conditions shall be considered part of the Services.