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bishop
Joined: Fri Jun 18, 2010 11:40 am Posts: 19
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Indemnity by you
You irrevocably agree to fully indemnify us and hold us harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us as a result of any claim by a third party resulting from your purchase of e-Cards (or purchase by someone else using your details, code or mobile phone) in breach of these Terms. In the event of any claim, we shall notify you within a reasonable period and you hereby authorize us to defend, compromise or settle such claims and shall provide us with all reasonable assistance necessary to defend such claims, at your sole expense.
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Fri Jun 18, 2010 1:51 pm |
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bebo
Joined: Fri Jun 25, 2010 7:55 am Posts: 19
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Re: Indemnity by you
Indemnity is the legal philosophy upon which the concept of most insurance policies rests. Strictly speaking, indemnity is protection from loss and damage claims filed by another person. For example, the owner of an amusement park may have indemnity insurance to compensate visitors injured on his or her property. The eventual insurance payout would be enough to restore the injured person back to the financial state he or she was in before the accident, but nothing more. Only a legal lawsuit brought against the park owner could result in additional punitive damages. Indemnity insurance protects the holder from suffering financial loss due to a lawsuit.
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Fri Jun 25, 2010 8:11 am |
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gidi
Joined: Fri Jun 25, 2010 2:00 pm Posts: 19
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Re: Indemnity by you
Indemnity' is nowhere to be found on a document, there may be an agreement to 'indemnify' another party. This means that you agree not to hold someone else responsible for any accidents or injuries you may suffer while on his or her property. "Swim at your Own Risk" signs at an unguarded swimming pool are indicators of an implied indemnity. If you choose to swim and suffer a head injury from diving, you may not be able to sue the owner of the swimming pool for medical expenses. If you understood the sign's meaning at the time, you agreed to indemnify the owners. Sometimes an indemnity claim will hold up in court proceedings, but not always. Claiming indemnity from damages does not always mean protection from liability. A property owner may still be responsible for injuries on his property, even if the renter signed an indemnity clause as part of the lease.
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Fri Jun 25, 2010 2:11 pm |
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