PAYTM IS LIMITING ITS LIABILITY UNDER AN AGREEMENT. IS IT IN VIOLATION OF THE COPRA 1986
"Limitation of Liability and Damages"
In no event, Paytm or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm Services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm or a Paytm authorized representative has been advised of the possibility of such damages. In no event, Paytm, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paytm, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Paytm Service or the Paytm Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Paytm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Paytm. Paytm would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Paytm’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold Paytm, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Paytm Services or of the Paytm Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Paytm reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Paytm, including rights to settle, and You agree to cooperate with Paytm’s defense and settlement of these claims. Paytm will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement. more