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Terms & Conditions
Welcome to The Barkery, the website and online service. ("The Barkery," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with The Barkery (collectively the "Service").
By accessing or using the Service, you have deemed to have accepted the terms and conditions listed below:
All products/services and information displayed on The Barkery constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. The Barkery reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of The Barkery prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Account And Registration Obligations
You also agree to provide true, accurate, current and complete information about yourself in The Barkery registration form (such information being the "Registration Data"). You must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if The Barkery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, The Barkery has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While The Barkery strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Barkery cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, The Barkery shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, The Barkery may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and The Barkery will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that The Barkery accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to The Barkery dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Diet plans once taken cannot be cancelled.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account in 5 - 7 working days.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on The Barkery will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment. Your credit card information never reaches us, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or The Barkery with any of the third parties unless required for fraud verifications or by law, regulation or court order. The Barkery will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
The Barkery reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently The Barkery reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Conditions For Customer Support
The Barkery or its executives and associates are not responsible for any delay caused in attending to or replying to the queries via chat.
Any communication through chat may be stored by The Barkery for reference; customer would not have the right to access this information at a later date.
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by The Barkery for redelivery shall be claimed from you.
That you will use the services provided by The Barkery, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. The Barkery reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), The Barkery has the right in its sole discretion to reject the registration and debar you from using the Services of The Barkery and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
You Will Not Use The Site For The Following:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue The Barkery sites, services.
The Barkery may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on The Barkery. You should regularly review the Terms & Conditions on The Barkery. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
The Barkery will not be liable for delays resulting from incomplete address listings. In such cases the customer will have to bear the reshipping charges.
Governing Law And Jurisdiction
This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by The Barkery and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
Reviews And Feedback
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to The Barkery on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain The Barkery property. Such disclosure, submission or offer of any Comments shall constitute an assignment to The Barkery of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, The Barkery owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Barkery will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Barkery is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
The Barkery does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant The Barkery the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify The Barkery and its affiliates for all claims resulting from any Comments you submit. The Barkery and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copy Right And Trademark
The Barkery and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of The Barkery or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to The Barkery or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of The Barkery. You can not modify, distribute or re-post anything on this website for any purpose.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, The Barkery and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless The Barkery, its employees, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to The Barkery or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or The Barkery. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. The Barkery may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to The Barkery. Upon any termination of the User Agreement by either you or The Barkery, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Barkery's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation Of Liability And Disclaimers
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while The Barkery tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Barkery will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, The Barkery or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability ofThe Barkery to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.The Barkery its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, The Barkery assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
(a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Barkery will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from The Barkery on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and The Barkery with respect to the The Barkery sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Barkery with respect to theThe Barkery sites/services. The Barkery's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
For any further clarification of out Terms and Conditions, please write to us at [email protected]