Terms and Conditions
This document is an electronic record in compliance with the Information Technology Act, 2000 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.
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 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”). All transactions through the Barfecto Website or Application are accepted, reviewed, and ultimately fulfilled by the Seller. We do not warrant or take any responsibility or liability in respect of the services provided by the Seller.
1. Eligibility to Use
By accessing the Barfecto’s Website or Application, You represent that You are of legal drinking age in your state of domicile and have not been previously suspended or prohibited from accessing the Barfecto Website or Application or otherwise availing the Services through the Barfecto Website or Application. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Your Registration and Account Obligations
You shall be solely responsible for maintaining the confidentiality of Your User ID / Mobile Number and Password (“Barfecto Account”) and shall be responsible for all activities that occur under Your User ID / Mobile Number. You agree that if You provide any information that is inaccurate, false or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Barfecto Website or Application and refuse to provide You with access to the Barfecto Website or Application.
You also agree that Your User Profile is linked to your mobile number (issued by a valid operator in India) and Your self-declared email id, both of which clearly identifies your Barfecto Account. You agree to provide your correct name and other details sought for which will appear on your Barfecto account statement.
You are fully responsible for providing the valid email id at the time of sign-up and You acknowledge to receive emails relating to Your Barfecto account and the product communications to Your registered email id.
Our official language of customer communication is English. By your acceptance of the T&C, we note your preference to receive all communications from Barfecto in the English language.
You agree to:
a) Immediately notify Barfecto of any unauthorized use of Your mobile number or the Barfecto Account or any other breach of security, and
b) Ensure that You exit from Your Barfecto Account at the end of each session.
Barfecto shall not be liable for any loss, damage or other liability arising from Your failure to comply with this clause or from any unauthorized access to or use of the Barfecto Account.
3. Access to Barfecto’s Services
Our Services enable You to search and pay for various Products with the Seller. All transactions are solely made between You and the Seller. You acknowledge and agree we do not sell, offer to sell, invite to sell the products other than delivering the products. In all instances, all sales are advertised, accepted, made and delivered by the Seller who receive all orders and offers.
Barfecto grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the Barfecto Website or Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows You to use the Services for Your personal, non-commercial use. The license also allows You to download, install the Barfecto’s Website or Applications related to the Services on a mobile device that You own or control for Your personal non-commercial use. Barfecto’s grant of the license does not permit You to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by Barfecto.
4. Processing and Delivery of Products
All Users may create a Barfecto account (as defined hereinafter) and all payments in respect of the Products are to be made exclusively through the Barfecto Account, the monetary value of which will be received by the respective Sellers from whom you purchase the Products. At the time you perform a transaction, your Barfecto Account will be routed through a third party payment gateway, which will, subject to the terms and conditions agreed with the payment gateway, transfer the funds to the Seller. The sale of the relevant Products shall be deemed to be completed at the licensed premises as per Applicable Laws.
Barfecto does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently verify the bona fides of any particular Seller that you choose to deal with on the Platform and use your best judgment on that behalf. All Seller offers and third-party offers are subject to the respective party terms and conditions. Barfecto takes no responsibility for such offers.
Barfecto neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. Barfecto accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Before handing over the Products to You, the Seller / Delivery Personnel may validate your identity by requesting a proof of identity. The onus of age-verification lies with You to show the valid proof of identity to confirm the legal drinking age of Your state.
With regard to value of the transaction, Barfecto follows industry practice, by rounding off the value to the nearest Rupee (i.e. if the MRP of a product in the decimal point has fractions of less than 50 paise, it is ignored, and in the case of fractions more than 50 paise, they are rounded off to the nearest higher Rupee)
Neither Barfecto, nor any officer, director, employee, shareholder or agent of Barfecto shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.
By completing a transaction on the Barfecto Website or Application, you agree that you are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as “permit”, the Seller may deny service of the Products. This reservation includes, but is not limited to the following:
a) An insane Person;
b) Persons known or believed to be drunk;
c) Persons known or suspected to be about to take part in a riot or disturbance of public peace or any other crime;
d) If a Person is an Excise Official, Police Officer, Railway Servant and Motor Bus Chauffeur, on duty or in uniform;
e) Persons below the legal drinking age.
In case of Delivery, if the individual cannot provide valid identification showing the proof of his or her age or other excise or Application prerequisites such as “permit”, the Delivery Personnel or the Seller may deny service of the Products. The aforementioned other reservations are also applicable.
5. Acceptable Use and Restrictions.
You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and You agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:
(i) You will not use the Services if You are not fully able and legally competent to agree to these Terms;
(ii) You will not engage in any behaviour which is in violation of any law in force;
(iii) You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;
(iv) You will not infringe or try to infringe our or any third party’s intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;
(v) You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person;
(vi) You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
(vii) You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Barfecto, the Seller, if required by any law enforcement, legal or government agencies or Seller;
(viii) You will not make or seek to make payment to the Sellers other than through the Barfecto Website or Application;
(ix) You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Barfecto Website or Application or features that prohibit access to the Barfecto Website or Application or the Services in any manner or enforce limitations on the use of the Services;
(x) You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Barfecto Website or Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(xi) You will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose;
(xii) You will keep secure and confidential your details of the Barfecto Account or any identification we provide you which allows access to the Services;
(xiii) You will only use an access point or data account which you are authorized to use;
(xv) The Products will be deemed to be sold only at places which are licensed premises as per Applicable Laws.
(xvi) You will provide proof of identity and age reasonably requested by the Delivery Agent, Seller or its employee;
(xvii) You will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
(xviii) You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;
(xix) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Barfecto, a third party or You;
(xx) You shall not hold Barfecto liable for any Services provided by them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.
The prices of the Products published on the Barfecto Website or Application are prices based on pricing information provided to Us by the Seller and may not always reflect the prevailing pricing. The Seller reserves the right to determine final prices of all their Products.
You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, vendors, employees, officers, agents and its 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 Barfecto 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.
8. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents, licensors, partners 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 use the Barfecto’s Website or Application.
9. 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 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.
10. 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 at any point in time.
11. Consequence of Termination
Upon termination of this Agreement for any reason, We will block Your access to the Application and Website and delete Your Barfecto Account.
We do not in any way warrant or represent the quality or nature of the Products which may be advertised on the Barfecto’s Website or Application. Your correspondence or dealings with, or participation in promotions of advertisers displayed on the Barfecto Application or on Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser / third party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Barfecto Application or Barfecto’s website, and any such interaction with a third party advertiser shall be undertaken by You at your sole risk and liability.
13. 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.
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 authorized signatory.
15. Your Data.
We may provide You with notices and communications by email, regular mail or postings on the Barfecto Application or Barfecto’s website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to: B-20, Second Floor, Pamposh Enclave, New Delhi – 110048.
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 18, 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.
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.
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.
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. Contact Information
You can send in your queries, requests or complaints in the following ways:
Email: Write to us at support@Barfecto.com and submit your queries.
You have the right to register a complaint if you are not satisfied with any of the following:
· Services provided by Barfecto.
· Payment system errors.
· Redemption issues.
· Unhappy with the quality of customer service provided.
· Or any other grievances.
You agree to receive certain specific emails / messages from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating to your association with the Barfecto Application and/ or Barfecto’s website under these Terms.
24. Delivery Booking and Financial Terms
In case of Delivery, there is no warranty that the product delivery or handover will depend on the Product’s availability at that particular time at that particular store/Seller. It completely depends on the Seller’s discretion to Accept / Reject any order.
The Seller shall be solely responsible for any warranty/guarantee of the liquor products or any other product Delivered/Handed Over to the Users and in no event shall be the responsibility of Barfecto.
The transaction is bilateral between the Seller and User and therefore, Barfecto is not liable to charge or deposit any taxes applicable on such transactions.
You acknowledge and agree that we act as the Seller’s payment agent for the limited purpose of accepting payments from You on behalf of the Seller. Upon your payment of amounts to us, which are due to the Seller, your payment obligation to the Seller for such amounts is completed, and we are responsible for remitting such amounts to the Seller. You shall not, under any circumstances whatsoever, make any payment directly to the Seller for Order bookings made using the Platform.
The final tax bill will be issued by the Seller to the User along with the order and Barfecto is merely collecting the payment on behalf of such Seller. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Seller. Barfecto holds no responsibility for the legal correctness/validity of the levy of such taxes.The sole responsibility for any legal issue arising on the taxes shall reside with the Seller.
Both the Parties agree and understands that Barfecto shall not be held liable in case of any damage or loss occurred due to any transaction between the Parties and both the Parties also agree to indemnify Barfecto of any such claim or liability.
No provision of these Terms and Conditions provides any person or entity not a party to these Terms and Conditions with any remedy, claim, liability, reimbursement or cause of action, or creates any other third party beneficiary rights, except as expressly set forth in these Terms and Conditions.