Terms of Use Agreement
This Terms of Use Agreement (hereinafter, referred to as ‘Agreement’) along with Our Privacy Policy, which is hereby incorporated into this Agreement by reference, sets forth the entire legally binding terms and conditions between the Company and the users of this Website, in whatever capacity they use this Website (hereinafter, referred to as ‘You’ or ‘Your’) pertaining to the subject matter contained herein. All the previous understandings and agreements – written or oral – among the parties hereto pertaining to the subject matter contained hereunder stand superseded by the provisions contained herein. The Clause and Sub-Clause Titles in this Agreement are for convenience purposes only and shall have no legal or contractual effect. By using this Website or any features thereof, You agree to be legally bound by the Clauses and Sub-Clauses contained hereunder. In case You do not agree to any of the following Clause(s) or Sub-Clause(s), You understand, acknowledge and agree that Your sole remedy against the Company is the cessation of further use of this Website. Last Updated on: 23 June, 2011
1. Description of ServicesProposedWebsite offers the users an online platform to rate and comment upon the performance of the companies’/organisations’ on a number of parameters based on their own experiences and/or personal opinions. These ratings and comments are publicly accessible on the Website. Through these ratings and comments; (a) the users get to know and understand from others’ viewpoint about different aspects and parameters on which the companies/organisations are performing, and (b) the users can make informed decisions of their prospects with such companies/organisations. All the ratings, comments, reviews, etc. posted on the Website represent the personal opinion(s) of the users of this Website. We merely offer the users an online platform to express their opinions in this regard. We do not endorse any of such ratings, comments, reviews, etc. in any capacity whatsoever. 2. Eligibility
(a) You have the right, authority, and capacity to enter into this legally binding Agreement; You shall abide by all the Terms and Conditions set forth herein; (b) Your use of any of the features provided on or through this Website does not violate any applicable law, rules or regulations or the rights of any third party; (c) You are of the age of maturity as defined under the applicable laws of India, i.e., of or above the age of eighteen (18) years; (d) You will not permit any minor (a person below 18 years of age) to have access to any of the materials contained within this Website; (e) You are not otherwise ineligible to enter into a legally binding agreement; (f) All the information You provide to the Company, at any time, is truthful and accurate; (g) You shall, at all times, keep Your information with the Company current and updated; (h) You will not promote/exhibit any kind of obscenity on the Website either directly or indirectly; and (i) You shall not use any feature(s) available on or through this Website with an intention to avenge or take revenge or express your anger/emotions against any company in any manner or capacity whatsoever. If We found out, in Our sole discretion, that You have violated any of the aforementioned representations or warranties or any of the provisions contained in this Agreement, We reserve the right to temporarily suspend or permanently terminate Your membership of the Website. Further, in such cases, We reserve the right to delete all Your ratings and comments You may have posted on this Website. 3. Membership (a) maintaining the secrecy, confidentiality and safety of Your password; (b) any disclosure of Your password to any third party; (c) using the account, username, or password of another member, at any time; (d) all uses of Your account, whether authorised or unauthorised; and (e) notifying Us immediately, in case You suspect any unauthorised use of Your account or access to Your password 4. Term and Termination
5. Fees and Payment
The provision of services on or through this Website is absolutely free of any charge. However, We reserve the right to charge for any services being offered or any future services to be offered on or through this Website, and to change the fee structure from time to time in Our sole discretion.
6. License and Ownership of Content 6.1 User-submitted Content:
7. User-Submitted Content (a) You own such Content or otherwise have the right to grant the license set forth under Sub-Clause 6.1.2; (b) such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; (c) such Content does not violate any of the provisions contained in this Agreement or any applicable law; (d) You may pay all the royalties, fees, and any other amount owing to any person by reason of the posted Content being proprietary to a third person; (e) You shall be solely responsible for violation of any mutual agreement between You and the actual owner of the Content, in case You are not the owner of the posted Content; (f) Your ratings and comments about the compan(y)ies/organisation(s) are true and correct to the best of Your knowledge; (g) Your information pertaining to Your past and current employment status is true and correct to the best of Your knowledge; and (h) You shall be solely responsible for violation of any contractual obligation with any person, including Your past and current employer(s), not to reveal such Content on any publicly accessible forum. 7.2 Disclaimers: (a) The Company disclaims any liability arising out of the User-submitted Content and nothing contained herein is intended to waive, remove, or usurp such immunity. (b) The User-submitted Content is the sole responsibility of the posting member. The Company does not claim any control over the User-submitted Content nor does the Company endorse such User-submitted Content. Further, the User-submitted Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. We make no warranties, express or implied, as to the User-submitted Content or to the accuracy and reliability of such Content. 7.3 Enforcement: The Company may, in its sole discretion, delete any User-submitted Content that violates this Agreement or which, in Our sole judgment, may be offensive, illegal or violate the rights, or harm, or threaten the safety of any person. The Company further reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, is found to be in violation of its Acceptable Use Policy (AUP) detailed in Clause 8 hereunder. Such action may include, without limitation, removal of the offending Content from the Website and terminating the membership of such violator(s). 8. Acceptable Use Policy (AUP) The following is a non-inclusive list of content, which is not permitted to be posted by the users of this Website (hereinafter, referred to as ‘Prohibited Content’) through the features provided on this Website. Prohibited Content is defined as the content that –
9. Third Party Links This Website may include links to other sites on the Internet belonging to advertisers, agents, partners, affiliates, independent agencies, and other websites. Your use of such third party links shall be at Your own sole risk and liability. We disclaim the availability of, or the content located on, any third party site that can be reached by clicking a link found on this Website. Inclusion of any linked website on this Website does not imply approval or endorsement of the linked site by the Company. For any grievance related to the third party sites accessible through this Website, We advise you to contact the site Administrator or Webmaster for those third party sites. You bind yourselves by the Terms of Use and Privacy Policies of such third party site, if You visit those sites, and We shall not be responsible for Your interactions and dealings with the linked third party sites. We encourage all members to review the legal documents of third parties’ sites before using them. 10. Reporting of Content Any Content appearing on the Website may be reported for its suspected inaccuracy, illegality, violation of (a) this Agreement; or (b) any applicable law for the time being in force; or (c) anyone’s legal rights, by sending Us an email at info@barebars.com along with the detailed reason(s) for reporting. After Our own assessment, We shall either remove the reported Content or retain it depending on Our findings and conclusions. However, mere disagreement over the Content is not sufficient to process Your request for removal of reported Content. 11. Other Disclaimers (b) We shall not be responsible for the Content, accuracy or opinions expressed on the websites that are accessible from this Website through external links. Such linked websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. (c) We shall not liable on account of losses originating out of any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications. (d) We reserve the right to modify or discontinue the services offered on or through this Website with or without notice to anyone. We shall not be liable to anyone should We exercise Our right to modify or discontinue the services offered on or through this Website. You acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to this Website as the operation of this Website may be interfered with or adversely affected by numerous factors or circumstances beyond Our reasonable control. (e) We do not claim any responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website. (f) We shall not be responsible for the conduct, whether online or offline, of any user of the Website. (g) Under no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from the use of this Website, attendance at the Company’s event, any Content posted on or through the Website, or from the conduct of any user(s) of the Website, whether online or offline. (h) This Website is provided on an “as is and as available” basis. Therefore, We disclaim any warranty of fitness for a particular purpose, merchantability, or non-infringement. (i) The Company cannot and does not guarantee any specific results from the use of this Website. (j) No advice or information, whether oral or written, obtained from the Company or the Website shall create any warranty not expressly stated in this Agreement. 12. Limitation of Liability EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FEATURES OFFERED ON OR THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE USE OF FEATURES OFFERED ON OR THROUGH THIS WEBSITE DURING THE TERM OF YOUR MEMBERSHIP. 13. Indemnity
You agree to defend, indemnify and hold harmless – the Company, its subsidiaries, affiliates, officers, directors, employees, partners and other agents – from and against any and all claims and demands, including attorney’s fees, arising from Your use/access of this Website; or Your violation of any provision(s) contained herein; or Your violation of any third party right(s). 14. No Waiver The failure of the Company to exercise or enforce any right or provision contained herein shall not operate as a waiver of such right or provision in case of future exigencies. 15. Severance This Agreement operates to the fullest extent permissible by the applicable law. If any provision(s) contained herein is declared unlawful, void or unenforceable by a competent court of jurisdiction, such provision(s) shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions. 16. Jurisdiction and Governing Law This Agreement and any dispute, which comes under the purview of this Agreement, shall be construed and subjected to the laws applicable in India without giving effect to any Conflict of Laws provisions. We do not claim that this Website or the services offered on or through this Website are appropriate, legal or available for use in other locations. Accordingly, Your use of this Website is at Your own sole risk. You assume all knowledge of the applicable law and shall be responsible for compliance with any such law(s).
If You have any questions or need to approach Us to complain about any matter concerning the services offered on or through this Website, please feel free to write to Us at: #412, Varuna Block, Myhome Navadweepa, Madhapur, Hyderabad 500081 India Email: info@barebars.com |
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