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Terms of Use

1. Introduction

THIS AGREEMENT BINDS YOU (“YOU”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF www.LearnBox.in referred as  (“we”, “our”, or “us” or the “Company”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE “REGISTER” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLOSE THE WEBSITE AND DO NOT USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.

2. Privacy

Any personal information submitted in connection with your use of the Products or the Site is subject to Our Privacy Policy. Please check out the privacy policy here.

3. General

  • The Company Products enable students, parents, schools and any Subscribing Entities (collectively, “Users”) to learn via live and recorded instruction, tutoring, and learning services in our proprietary Software. The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users.
  • You understand and agree that these Terms are entered into in consideration of your use of the Company Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
  • Changes to these Terms. Company reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
  • Evolving Nature of Services. The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products but if you are at any time dissatisfied with the Company Products, then your sole remedy is to discontinue use of the Company Products.
  • Electronic Notices. By using the Company Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Company Products. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.

4. Accessing the website

You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

5. General Disclaimer

The Site is only a marketplace for Instructors and Users. We do not hire or employ Instructors nor are we responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Users, including, but not limited to, any User’s reliance upon any information provided by an Instructor.

We do not control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable.

The Company has no responsibility to keep any Submitted Content by You that is considered offensive, indecent, or objectionable and has no liability for Your access or use of any Submitted Content.

The Site and Products may give You access to links to third-party Websites (“Third Party Sites”), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

Those who choose to access or use the Company Products from other locations, including from outside India, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or penalized is strictly prohibited.

6. Fees and Taxes

Joining the Site and browsing for Courses is free. Company may change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.

If you elect to access or use Products that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. Unless otherwise stated, all fees are quoted in Indian Rupees (INR). You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by the Company in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.

7. Specific Obligations of Users using the Site

If You are a User in search of, or engaging, or Instructors You represent, warrant and covenant that:

  • You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
  • You are over the age of 18.
  • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
  • You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
  • You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
  • You will not solicit personal information from any Instructor or other User.

8. Registration

To use any Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.

For additional information on how we use your information, please see our Privacy Policy.

9. Accuracy of Account Information

In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.

10. User Contributions

  • We may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
  • Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
  • If you provide a User Contribution to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
  • User Contributions must be accurate and comply with all applicable laws of the land from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

11. Content Standards

These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
  • Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
  • Promote any illegal activity, or advocate, promote or assist any unlawful act
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Involve commercial activities or sales
  • Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity

12. Monitoring and Enforcement; Termination

We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Company and are not endorsed by the Company.

We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website.

Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

13. Copyright

You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Company Products (collectively, the “Company Content”) are the proprietary property of Company and its affiliated and/or third party providers and suppliers (the “Third Parties”) .

14. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

15. Refunds

Refunds are handled case to case basis. Please check the refunds policy here. To request a refund, please email contact@learnbox.in. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.

16. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

17. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of the Company’s General Counsel). The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website
  • Send e-mails or other communications with certain content or links to specific content on the Website
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you
  • Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
  • Link to any part of the Website other than the homepage
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

18. No Promises

Your use of the website or items obtained through the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any promises of any kind, either express or implied. Neither the company nor any person associated with the company makes any promise, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company promises, represents or warrants that the website or items obtained through the website or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes them available are free of viruses or other harmful components, or that the website or items obtained through the website will otherwise meet your needs or expectations. The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

19. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall company, or any of its officers, directors, employees, agents, successors or assigns, or any other contractors or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out or relating to the use, or the inability to use, the company content, the company products, courses, submitted content or any portion thereof, even if we or an authorized representative of company has been advised of the possibility of such damages. If your use of the company products, company content, services or submitted content or any portion thereof results in the need for servicing, repair or correction of equipment or data, you assume any and all costs thereof. In no event shall company or its licensors or suppliers be liable in the aggregate for any damages incurred by you that exceed the greater of (a) one hundred dollars or (b) the amount of commissions company has received as a result of your use of company products in the 12 months prior to the action giving rise to the liability.

20. Disclaimer; Warranty Disclaimer

You understand that when using the company products, participating in a course, or accessing company content or submitted content, you may be exposed to products, photographs, music, artwork, messages, and other materials from a variety of sources, and that company is not responsible for the accuracy, integrity, quality, legality, usefulness, safety of or relating to such products, content or materials. You further understand and acknowledge that you may be exposed to products, content or materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against company with respect thereto.

To the fullest extent permissible pursuant to applicable law, company and its affiliates, partners, licensors, and suppliers hereby disclaim all express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from company, an employee or representative of company or through the services will create any warranty not expressly stated herein. Company and its affiliates, partners, licensors, and suppliers do not warrant that the services or any part thereof, or any products or content offered through the services, will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the company products, any associated sites or applications, and any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system used in connection with the company products) or loss of data that results from the download or use of such material or data.

21. Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use of the Company Products, the Company Content or any portion thereof, your connection to the Site or Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

22. Termination

We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at contact@learnbox.in (but if You are an Instructor then Users enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.

23. Miscellaneous

  • Entire Agreement: These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
  • Severability: If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
  • Waiver: A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  • Notice: Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.
  • No Agency: Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
  • We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 


INSTRUCTOR TERMS & CONDITIONS

 


Please read the terms and conditions of this website carefully before accessing or participating in any chat room, blog, newsletter, or to become an instructor. By using and participating on this site, you signify and acknowledge that you have read the terms and conditions carefully and you agree to abide by the legal agreement between learnbox.in and you, and that you agree to be bound by and comply with the terms of usage.

As an instructor you cannot do the following:

1. Use contents that defames other websites, contents or individuals

2. Your course should not contain any materials that teaches illegal activities and ways to commit them

3. You cannot claim any copyrighted material or trademark content under your name

4. Usage of profane language or unacceptable slangs should not be used

5. Pornographic, obscene, indecent or unlawful content should not be a part of your course

6. Do not use software which may have Trojan, worms or any other such software which may damage other’s computer

As an instructor at LearnBox.in, you are supposed to abide by few more rules and regulations.

1. You are subjected to LearnBox’s approval to publish your course on our platform which may or may not be granted at our discretion.
2. You need to visit www.learnbox.in/teach-at-learnbox/ and complete your enrollment. You may charge fees for your course only when you agree to all the policies of LearnBox.in.
3. All your course content should have necessary licenses, copyrights, permissions, and authority to authorize LearnBox.in to publish, distribute, publicly perform (including by means of a digital video/audio transmission), publicly display, communicate to the public, promote and market.
4. You may or may not be a professional trainer, but you need to have the knowledge on the subject matter, skill set to train on our platform.
5. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the courses or to the learners.
6. You will not use LearnBox for any business other than for providing tutoring, teaching and instructional services to the learners on our site.
7. You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings.
8. You need to mention all the credentials correctly on the site. LearnBox.in will not hold any responsibility towards any such discrepancies.
9. If your course does not have any enrollments, LearnBox.in will hold the rights to remove it from our platform after 60 days.
10. You shall respond preferably within a week to learners seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general.

Refund Terms

LearnBox.in provides a 7 day money back guarantee to all our learners. If any learner is not happy with the course that he/she has enrolled in, he can request for complete (full amount) money back from LearnBox.in. Therefore, when learner pays the fees, LearnBox.in holds a complete discourse in keeping the money with us and then disbursing the amount to as per revenue share to the instructor.

Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S., India and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without Our prior approval.

Registration

To use our site, you need to register for the first time with all your credentials. We expect you to mention all correct data as that will be displayed along with your course name. You are solely responsible for maintaining the confidentiality of your account, username, and password; and for all activities associated with or occurring under ‘Your Account’. You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account each time you logout. LearnBox.in will not hold the responsibility for any loss or damage arising from your failure to comply and adhere to the points mentioned above. You may not transfer your account to any other person and you may not use anyone else’s account at any time without the permission of the account holder.

Warranty Disclaimer

The products, site, company content, submitted content, courses, and any other materials made available on or through the site or the products are provided “as is,” without any warranties of any kind and the company hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

Indemnification

You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.


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