Seller’s Terms of Use
and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read these terms of use carefully. By accessing or using the https://barfecto.com/ domain and/or mobile application, any subdomain of this website (the “Website”), and other services hosted by or on behalf of Barfecto or its affiliated companies (including without limitation the Website, Mobile Application collectively, the “Services”), you agree that you have read, understand and agree to comply with and be bound by these Terms and Conditions, whether or not you are a registered member of the Website or other Services. Please also read our Privacy Policy, Return/ Exchange Policy and Disclaimer carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. These Terms and Conditions, including without limitation the Terms of Use, Privacy Policy, and Disclaimer, govern your use of the Services and constitute a legal contract between you and Barfecto (“Company” or,” “we” or “us”).
You agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, You do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You may not access or use the Barfecto Website or Application and terminate this Agreement, in terms hereof.
These Terms and Conditions (as may be amended from time to time, the “Agreement” or “Terms”) constitute a legal contract between You being a User of legal drinking age in your state of domicile (“You” or “User”), and Hound Technologies Private Limited, having its registered office at B-20, Second Floor, Pamposh Enclave, New Delhi – 110048 (“Barfecto”, “We” or “Us”).
Hound Technologies Private Limited owns and operates the website and mobile applications namely “Barfecto” and https://barfecto.com/, which provides a platform for liquor/alcoholic beverage distributors, restaurant and bar owners (“Sellers”) to showcase liquor, alcoholic beverages, and other related products (“Products”) on the platform created by them and enables You to search and pay for these Products through independent, licensed alcohol beverage retailers, and other licensees with retail privileges. We act as an intermediary/ service provider, providing You with this platform enabling You to purchase the Products from the Sellers and We provide You with payment solutions, payment support services, technology solutions and other related/ancillary services (hereinafter referred to as the “Services”). The Sellers partner with the Company to display the Product(s) and You agree to, in the capacity of a Seller, to make available the Products to the Customers by indicating the availability of the Products in your licensed outlets, through the Website or Application, in accordance with the terms and conditions set forth herein.
You agree and acknowledge the following:
1. Unless otherwise expressly defined herein, the following capitalized terms shall have the following meanings
(a) “Applicable Laws” shall mean all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, protocols, codes, judgments, policies, directions, directives and orders of any government, statutory authority, tribunal, board or court in India;
(c) “Customers” shall mean any (a) user of the Website or Application who reserves the Product(s) for collection of the Product(s) at his/her behest, through the Website or Application; and (b) who has registered with Barfecto in an internet compatible device inter-alia mobile phone, tablet and phablet that supports the Barfecto Website or Application;
(d) “Person” shall mean any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, business or government (or any agency or political subdivision thereof) or other entity.
(e) “Product(s)” shall mean liquor and alcoholic beverages and other related products that the Sellers intend to display and the Seller intends to make available to the Customers through the Website or Application in accordance with Applicable Laws;
(f) “Delivery Partner” is defined as an independent contractor who intends to provide on demand delivery services using Barfecto’s technology platform or one of its affiliates.
2. Your Registration and Account Obligations
You need to set up an account with Us (“Barfecto Account”) and provide certain information about yourself as prompted by the information form, including, your name, gender/type of entity, email address, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy which is accessible here.
You will not be eligible to create a Barfecto Account unless:
a) You are of legal drinking age in your state of residence
b) You are a company registered under the Companies Act, 1956 or 2013 / you are a partnership firm formed in accordance with the Partnership Act, 1932 / you are a Limited Liability Partnership formed under the Limited Liability Partnership Act, 2008 / Proprietorship / Hindu Undivided Family / Individual and possess the requisite licenses, valid and in force, from the government which are necessary for operation and sale of the Product(s) for which you are licensed;
c) You can lawfully enter into and execute contracts under Applicable Laws and have all requisite right, power and authority to perform Your obligations as a Seller;
d) You are licensed to sell the Products and such license is and always shall be valid during the term of this Agreement.
You shall be solely responsible for maintaining the confidentiality of Your assigned User ID and Password of Barfecto Account and shall be responsible for all activities that occur under Your User ID and Password. You agree that if You provide any information that is inaccurate, false or incomplete or we have reasonably sufficient evidence or grounds to believe that such information is inaccurate, false or incomplete or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of Your Barfecto Account on the Website or Application and refuse to provide You with access to the Website or Application.
3. Services to be provided by You
You agree that during the term of this Agreement, you will provide Us with the real-time availability of the Product(s) listed by the Sellers on the Website or Application at its licensed outlets. You shall ensure that You hold an adequate inventory of the Products that you have indicated to Us and as indicated on the Website or Application, for successful fulfilment of the orders placed by the Customers.
The “Barfecto Dashboard” will be made available to you to access on-demand product requirements by Delivery Partners. For the sake of clarity, neither Barfecto nor its affiliates provide any delivery or logistics services, but Barfecto provides a platform for outlets like yours to connect with Delivery Partners for delivery services and to receive demand prediction and related information services in connection with the sale of the Items.
Barfecto will not have any obligation to deliver the Product(s) as a platform provider. For the sake of clarity, you, through the services provided by Delivery Partners, are responsible for the delivery of Product(s) and you maintain possession, control, and care of the Items at all times. You shall have marketable legal right and title to sell the products or render the services. You shall not offer any Product(s) which are illegal, unlawful, expired and in violation of applicable laws and policies. Barfecto will not be liable for any damage or loss incurred by the Users in relation to the delivery of the Product(s) and will follow reasonable guidance you provide regarding the delivery of the Product(s).
The Customer may collect the Products(s) from your licensed outlet/ collect delivery of Product(s) upon age-verification (on your part) and payment done (by the Customer).
You shall ensure that the packaging of the Products is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with applicable laws. Barfecto shall not be liable or responsible for any loss or damages to the Seller, if the Seller is not in strict compliance of various laws and regulations.
You shall deliver the ordered Products to the relevant Customer when such Customer visits Your licensed outlet, provided that You subject the customer to an ID check if he/she appears to be below legal drinking age in the state of operation, prior to delivering the Products to the Customer.
Issuance of correct and complete invoices shall be Your sole responsibility and such invoices shall be issued directly in the name of the Customers, in accordance with Applicable Law(s). All payments in relation to the Product(s) shall be made by the Customer at the time of redemption of the Product(s) at the licensed outlet of the Seller upon verification. Onus shall remain on the Seller to validate age & identity of the Customer.
We shall provide you with the necessary backend infrastructure for capturing all necessary details of the transactions of the Customers, and shall communicate such details to You, in a manner determined by Us. You shall package the Product(s) in accordance with Applicable Laws and any guidelines or instructions issued by Us, from time to time, in this regard.
Upon the redemption of the Product(s) by the Customers, We shall, within a period, as specified in the agreement, from such redemption of the Product(s), or such extended period as may be mutually agreed in writing between Us, settle the outstanding payments payable to You, post the relevant deductions in accordance with the terms and conditions of the Agreement, and any deductions to be made in accordance with Applicable Law. The mechanism / process in relation to receipt of the said amount, shall be in accordance with the terms and conditions as mutually agreed to by us, which shall be subject to change as agreed between us. In the event of any change in our forfeiture or any other policy, the same shall be intimated to You.
In case the Customer(s) fails to comply with inter-alia age or any verification requirements by producing appropriate documents or by not cooperating, You shall refuse to deliver the Product(s) to the Customer. Any liability arising on account of your failure to do so, shall lie entirely upon You.
You agree that all the commercial/contractual terms in respect of the Product(s) offered by You and agreed upon with the Customers, are with You alone, and the Company is merely acting in the capacity of a service provider, providing Services as set out in this Agreement. The Company does not determine, advise, have any control, or in any way involve themselves in the offering or acceptance of such commercial/contractual terms in respect of the Product(s) between You and the Customers. You understand, agree and acknowledge that the Company is an intermediary which facilitates the online display of Product(s) and provides the Services as defined, and any contractual relationship between the Customer and the Company, is purely confined and limited to these aspects. Any and all liability arising in any manner or for any reason whatsoever, out of the sale of Products by You to the Customers, shall be entirely to your account.
4. Availability of Product(s)
Barfecto will provide you reasonable advice regarding demand prediction, which you may use in connection with your determination of the quantity and type of Product(s) made available via the Barfecto App or website. You are fully responsible for quality, safety and delivery of the Product(s) and you shall adhere to all applicable laws and regulations in relation to the provision, packaging, and delivery of the Product(s). You will determine any quality, size, packaging or other criteria (including those of laws and regulations) that apply to the Product(s) (“Criteria”) and you are solely responsible for ensuring that the Product(s) meet such criteria when they are made available via the Barfecto App or website. In the event of failing to provide Product(s) that adhere to the Criteria (each, a “Substandard Product(s)”), Barfecto is under no obligation to make such Substandard Product(s) available for sale via the Barfecto App or website.
Product(s) Inventory – You maintain title to all Product inventory until each Product is delivered to the Customer. You are responsible for the costs of all Product(s). Whenever a User wishes to avail Items or Service as identified by the App, Barfecto will notify the Seller Partner of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a Customer, the Seller Partner shall keep ready the product as required by the Customer.
All commercial/contractual terms are offered by and agreed to between Customer and Seller(s) alone. Barfecto does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
5. License Requirements
You represent and warrant that You hold a valid license to sell the Products in the State at the licensed outlets and shall at all points in time during the validity of this Agreement, maintain the validity of the license. We are entitled to call upon you to produce for inspection and verification, at any point of time, documents and details evideving the existence and validity of such license. Should the Company have any grounds to believe that the licenses are invalid, incomplete, or ineffective for any reason whatsoever, the Company shall be entitled to terminate your use of the Website or Application and your Account.
6. Compensation
You hereby undertake and agree that in consideration of the Services rendered by the Company, You shall pay the Company the applicable fee in relation to the Services rendered in accordance with the terms and conditions as agreed with us from time to time. In case of any changes in the service fee, for any reason whatsoever including but not limited to change in rate of taxes, or fluctuation in prices of Products, the Company will notify You of such changes and the terms of clause 14 shall be applicable and You shall agree or disagree in accordance with the procedure as laid down in clause 14.
You authorize the Company to make deductions from the amounts due and payable to You towards the service fee payable by You for the Services provided by the Company. Any payments made to You will be subject to applicable taxes and deductions from time to time. You further agree and undertake to execute all authorizations and writings, as may be required by the Company from time to time to make such deductions and payments.
You agree and acknowledge that any payment made to You is without prejudice to any claims or rights that the Company may have against You and such payments will not constitute any admission by the Company as to the performance by You of Your obligations under this Agreement.
Notwithstanding anything contained in this Agreement where the Company has reason to believe that any charges/debits have been incurred which are fraudulent or without authorisation (“Suspect Charge”), the Company will be entitled to deduct an amount equivalent to Suspect Charge from the amount payable to You. If after due inquiry and investigation, the Company determines that the charge/debit is a valid charge and not a Suspect Charge, the withheld payment will be released.
If it is determined after due inquiry and investigation that any Suspect Charge is not a valid charge at all, the Company will not release the withheld payment. The decision of the Company in this regard shall be final and binding.
You agree and acknowledge that any payment made to You is without prejudice to any claims or rights that We may have against You and such payments will not constitute any admission by the Company as to the performance by You of Your obligations under this Agreement
The making of payments by the Company to You under this Agreement, will not constitute a waiver by Us of our rights to recover amounts payable by You to the Company. The Company reserves the right to seek indemnities from You for losses suffered by the Company under any heads of claims permissible under Applicable Laws or for any reason, such as:
a) Any transaction is for any reason unlawful or unenforceable;
b) Any information presented electronically to us is not received in accordance with Our requirements, or is false and misleading;
c) Any transaction made outside the territory authorized for the use of such instrument;
d) Any transaction that is posted more than once to the account holders account for the same transaction;
e) Where the transaction amount exceeds the limits prescribed by the Company or RBI or any other government authority, from time to time, for any legal or regulatory reasons;
f) Where the sale of the Products is not from a licensed outlet of Yours.
7. Understanding Between the Parties
You agree that We have entered into, or may enter into, other contracts of similar nature with other Sellers for a similar purpose and acknowledge that there is no exclusivity in the present arrangement between Us.
You agree that the Website or Application is a web-based mobile platform for showcasing of (a) the Seller’s Products; and (b) the brand name of the Sellers to the Customers to enable such Customers to transact the Product(s) on the Website or Application.
You agree that our role is that of a service provider in all such transactions. You agree that the Barfecto, by providing the payment facility, the Company is not acting as a trustee nor in any other fiduciary capacity with respect to any transaction on the Website or Application.
You further agree that You are partnering with Us solely for the purpose of providing the Customers with real time information of the availability of the Products at Your licensed outlet, and enabling the Customers to reserve / order the Products using the Website or Application through the Services offered by Us and providing access to the Collection Service provided by You.
Nothing in this Agreement will be taken as establishing that the Company or any of its personnel to be the agent or employee of You, nor shall it create, a joint venture, legal partnership, a franchisor/franchisee relationship, employer – employee relationship, agency (disclosed or undisclosed), sales representative or any similar relationship.
You acknowledge that You will be provided with access to a mobile device or a downloadable POS app and You agree and acknowledge that the use of the said device shall be only for the purposes of completing the redemption process of the transactions undertaken by the Customers or to process the sale of the Product(s). You further agree and acknowledge that the mobile device shall be handled with care and shall not be used to download any other website or application or for any other purposes whatsoever, other than as specified in this Agreement. The said device is the Company’s sole and absolute property and in event of any loss or damage to the device, You shall be responsible for the payment of the applicable charges as may be determined by Us from time to time, at our sole discretion. You further agree and acknowledge that any liability or consequences arising out of your use of the said device, shall be entirely to your account.
8. Covenants, Representations and Warranties
You hereby declare, assure, undertake and covenant as under:
a) You shall duly fulfil all transactions in accordance with the instructions of the Customers and as mutually decided between You and the Customers, including the Collection Service.
b) You have and you shall maintain all required rights, powers, and authorizations to enter into this Agreement and to fulfil, deliver and perform the obligations contemplated hereunder in accordance with the terms of the Agreement or Applicable Laws.
c) You shall ensure that appropriate documents for purchase of the Products have been provided by the Customer to You, and you have verified the identity and credentials of the Customer as prescribed from time to time under Applicable Laws and verify the original documents/conduct a full KYC of the Customer. You shall, at all times, ensure that appropriate disclosures/disclaimers are displayed conspicuously in accordance with Applicable Laws and as may be prescribed by us from time to time. You hereby undertake that You shall provide Us with any information or documents thereto, and act in accordance with Our instructions.
d) You shall comply with all Applicable Laws while offering the Products to the Customers. You shall not offer anything to the Customers, which is illegal, stolen or unauthorized and/or is not in compliance with Applicable Laws.
e) You shall keep confidential all information relating to the Customers except as required for the Collection Services. You shall ensure that there are proper encryption and robust security measures to prevent any hacking of the information of the Customers on Your licensed outlet/premises or through the Application. You shall use the Customer’s data in accordance with Applicable Laws including but not limited to the Information Technology Act, 2000 and the rules made thereunder and use the data only for the purpose of completing the transaction for which it was furnished and shall not sell or otherwise furnish such information to any third party. You agree and acknowledge to indemnify Us against any direct and indirect damages, losses or claims incurred by Us due to non-compliance of this Clause.
f) You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products offered to the Customers through the Website or Application.
g) You hereby agree and acknowledge that all risks associated with the sale of the Products in relation to a Successful Transaction (as defined hereinafter) shall be solely at your risk and We shall have no liability thereof, in any manner whatsoever. For the purposes of this Agreement a “Successful Transaction” shall mean a transaction undertaken by a Customer for which the payment has been processed and received by Us at the time of such order (deeming the sale of the Product to have taken place at Your licensed outlet / premises). Any and all disputes regarding quality and quantity of the Products offered for sale by You shall be resolved directly with the Customer without making the Us a party to such disputes, in any manner whatsoever.
h) You hereby agree and acknowledge that the Company including its personnel or auditors (internal or external) or legal advisors and regulators (including but not limited to the Reserve Bank of India) shall have the right to physically inspect and/or audit all Your records that relates to the arrangement captured in this Agreement and such agreements incidental thereto and You shall permit entry into such premises where such records are maintained upon receipt of a reasonable prior notice from Us or such other third parties, from time to time.
i) You agree that We reserve the right to suspend the Services or suspend your Barfecto Account under this Agreement in the event You fail to observe any of the terms of this Agreement.
j) You agree and acknowledge that the price of the Product(s) displayed on the Website or Application shall be the Maximum Retail Price or applicable surcharge, if any.
k) You shall be solely responsible to provide/specify validity period of the Products and the prices and You shall also be responsible for honouring such offers during the existence of the validity period and in the event You fail to honour such offer/transaction, then such non-performance shall be deemed to constitute a breach of this Agreement.
l) You hereby agree and acknowledge that in view of the Services provided by us under this Agreement, to the extent as may be applicable, at all times during the term of this Agreement, the Company shall have the right to receive payments from the Customers through banking facilities. You hereby assign all rights in relation thereto to Us.
m) You shall be solely responsible and liable for any complaints and queries of the Customers with respect to the Products, including any complaints with respect to the quality or quantity of the Products, the Collection Service etc.
n) You agree, undertake and confirm that You deal only in original, legitimate and genuine Products and in which You own the rights, which are either self-manufactured and/or procured from the Sellers in accordance with Applicable Laws. You further undertake that You shall not provide the Customers with fake/spurious/non-authentic Products, or Products past their expiry date.
o) Your execution of this Agreement does not and will not violate any provision of Applicable Law or agreement or understanding with any third party, and you shall indemnify the Company from any third party claims in this regard.
p) You shall maintain all valid licenses, registrations, authorizations and clearances under Applicable Laws with respect to the Products and/or services and the business carried on by You from time to time, including but not limited to all municipal, local, state and central registrations and permits for safe storage of the Products within the designated area.
q) You shall at all times comply with all statutory requirements and make timely payment of all statutory dues, including and not limited to taxes, cesses etc. relating to sale of the Products under all Applicable Laws.
r) You acknowledge that the Company may be required to comply with the applicable provisions of the foreign exchange laws, rules, regulations, notifications, guidelines and other requirements, and accordingly agree that the Company shall be at liberty to display or remove from display, on its Website or Application and / or the Company’s website, any of Your licensed outlets registered with the Company, at its discretion, in order for the Company to remain in compliance with such regulatory requirements.
9. Indemnification
You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and third party suppliers, licensors, 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 Your use or misuse of the Website or Application, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make 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 clause shall survive termination of this Agreement.
10. Liabilities and Damages
The Company or its contractors, directors, officers, agents, licensors, partners shall not in any event or circumstances be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to 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, and (ii) the use or inability to use the Website or Application.
11. Ownership: Proprietary Rights
All rights, including copyright, in the Barfecto’s Website or Application are owned or controlled for these purposes by Us. Except where expressly stated otherwise, You are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Barfecto’s Website or Application for any purpose whatsoever without Our prior written permission. Violators will be prosecuted to the maximum extent possible under Applicable Laws. Any other rights, not expressly granted herein, are reserved.
The Barfecto’s Website or Application includes a combination of content that We create, that our partners or licensors or associates create, and that the Sellers may create. All materials published on the Barfecto’s Website or Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the Barfecto Website or Application or on its websites in whole or in part.
If We find any contents or materials published on the Barfecto’s Website or Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Barfecto’s Website or Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Barfecto’s Website or Application under license or rights or affiliation with the said person, entity or third party.
You hereby authorize Us to include Your Intellectual Property, as mutually agreed upon, including trademarks , on the Website or Application and in any promotional material produced by Us in relation to the promotion of the Website or Application.
12. Termination of Agreement
Termination by Us: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your Barfecto Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
Termination by You: You may terminate this Agreement by giving the Us prior written notice of at least 45 days
13. Consequence of Termination
Upon termination of this Agreement for any reason:
a) We will block Your access to the Website and Application;
b) We shall forthwith but not later than 30 (thirty) days of termination of this Agreement, remove all material in any form, in electronic form or otherwise, bearing Your name or any other representations of Yours; and
c) You shall return all our Confidential Information and all other properties and materials (including but not limited to the mobile device) belonging to Us. In case such Confidential Information cannot be returned in a material form, You shall destroy all such information and provide a certification to this effect.
14. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting a notification on the Barfecto’s Website or Application or otherwise communicating the said notification to You. The changes will become effective and shall be deemed accepted by You, 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Website or Application, it will be deemed as your acceptance to the terms.
15. Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorised signatory, expressly stating that We are exercising a waiver of any right or provision.
16. Notice
We may provide You with notices and communications by email, regular mail or postings on the Website or Application or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to our address provided to You from time to time.
17. Arbitration
You and/or Barfecto, agree that any dispute arising out of or relating to this Agreement including its interpretation by arbitration, shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (as amended up to date). You agree that the disputes shall be decided by a sole arbitrator and We shall have the sole right to appoint the arbitrator. Any such dispute shall be decided and determined on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration proceedings shall be conducted in New Delhi, India. Either of us may, subject to the provisions of the Arbitration & Conciliation Act, 1996, and to the extent permitted thereunder, seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of You or Barfecto (or its agents, suppliers, service providers and subcontractors). Any arbitration shall be confidential, and neither of Us shall disclose the existence, content or results of any such arbitration proceedings, except as may be required by law or for purposes of enforcing or challenging the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
18. Laws and Disputes Redressal
Subject to Clause 17, You agree that courts in New Delhi, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.
19. Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
20. Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
21. Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
22. Entire Agreement
This is the entire agreement between us relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Us in accordance with the terms of this Agreement.
23. Contact Information
If You have any question, issue, complaint, please contact our support services at support@Barfecto.com.