The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement, and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. The Company also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including without limitation injury or damage to any person’s computer (including without limitation any tablet or smartphone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet or in connection with the Services. Under no circumstances will the Company be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. The Company has no special relationship with or fiduciary duty to you. For the avoidance of doubt, nothing in these Terms and Conditions shall seek to limit or exclude our liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation.
To the fullest extent permitted by applicable law, the Company makes no representations or warranties whatsoever, express or implied, with respect to the services, including without limitation any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. In no event shall any released entity be liable to you or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or another remedy of its essential purpose.
No Warranties: Your Sole And Exclusive Remedy For Any Disputes With Us Is The Cancellation Of Your Barfecto Account With Us.
Barfecto’s Website or Application, including all content, software, functions, materials, and information made available on or accessed through the Barfecto website or application, is provided ‘as is.’ to the fullest extent permissible by law, Barfecto, and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content/Services on the Barfecto website or application, or the materials, information and functions made accessible by the software used on or accessed through platform, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the platform or any linked site. Further Barfecto disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, or fitness for a particular purpose. Barfecto does not warrant that the functions contained on Barfecto application, or any materials or content contained therein will be uninterrupted or error-free. Barfecto shall not be liable for the use of Barfecto website or application, including, without limitation, the content and any errors contained therein.
Though the Company accepts no liability and no refund to users as well as vendors, however, the total liability of the Company towards the user or vendor in respect of all other losses arising under or in connection with these terms and conditions, tort (including negligence), breach of statutory duty, or otherwise, will not exceed an amount equal to the fees payable by the user or vendor under the agreement in relation to the services giving rise to the liability.