Terms Of Use
The Website and its content is provided “as is” and “as available” basis and Barter Minds makes no representations, guarantees or warranties of any kind, express or implied, as to the operation of this Website, the accuracy of the information, content, materials, products, title and non-infringement on this Website. You expressly agree that your use and access of this Website is at your sole risk. In no event, shall Barter Minds take liability or responsibility for any (i) errors, mistakes, inaccuracies of content etc. (ii) personal or property damage, of any nature whatsoever, resulting from your access to and use of our site and services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our Website and services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our services by any third party and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the access or use of any content posted, emailed, transmitted, or otherwise made available via our Website and services. Barter Minds (and its officers, employees, suppliers, directors, affiliates, group and subsidiaries or holding companies) shall not, under any circumstances, be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages/liabilities suffered by any person or entity arising out of or in connection with access, use, breach of these terms, the furnishing, performance and/or use of the Website, including but not limited to loss of revenue or profits; loss of business or customers; damage to goodwill, damage to or loss of any systems, equipment, data or programs, professional indemnity, data protection, confidentiality, or any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the app, whether for breach of contract, tortious behavior, negligence, or under any other cause of action and, damage associated with business interruption or failure. The foregoing limitation of liability is applicable irrespective of whether the claim is based on contract, tort, negligence, strict liability or any other theory of liability.
User hereby agrees to defend, indemnify and hold Barter Minds and its affiliates, group companies harmless from all liabilities, claims, damages, losses, costs and expenses, including attorney’s fees, that arise from (a) usage of or activities in connection with the Website; (b) any violation of the terms and policies by the user; or (c) any allegation that any content that you make available via the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Any use of this Website in any manner, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these ToU and against any applicable law will make you liable for indemnification. Barter Minds reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these ToU in whole or in part, at any time. Your continued use of the Website will be considered as acceptance of these changes. Barter Minds may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at any time. Barter Minds may also impose limits on certain features and services or restrict your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that Barter Minds may terminate the authorization, rights and license given above at any point of time at its own sole discretion. User acknowledges that, in the event User breaches any provision of these terms or any other policies/amendments, Barter Minds will not have an adequate remedy to cover damages arising therefrom. In this regard, Barter Minds shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately. Barter Minds reserves the right to seek further remedies as per maximum permissible possibilities under law. The parties shall attempt to resolve the disputes, if any, relating to the terms through negotiations, between themselves/senior executives of the parties who have authority to settle the disputes or through mutual appointment of a third party as arbitrator. If the matter cannot be resolved, through negotiation/arbitration, the matter shall be referred to Competent court of India or United States, for which Barter Minds is free to choose the jurisdiction of its preference as to where such action may be held.