Terms and Conditions

Terms and Conditions of Use

 

USER AGREEMENT

 

UPDATED: 28 January 2017

 

This website, www.iusebarter.com, (hereinafter referred to as "iusebarter") is operated by Casper Infosystem Private Limited (www.casperinfosystem.com(hereinafter referred to as Casper), a company incorporated in India under the Companies Act, 2013 and having its registered office at C-142, 3rd Floor, DDA Flats, Double Storey, Garhi, East of Kailash, New Delhi- 110065.

 

 Dear Customer,

 

Before using our services you are required to read the user agreement and accept all the terms and conditions. The same are listed below for your reference:

 

Agreement between User and WWW.IUSEBARTER.COM

 

THESE WEBSITE TERMS AND CONDITIONS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND WWW.IUSEBARTER.COM (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND WWW.IUSEBARTER.COM FOR THE USE OF THE WEBSITE (DEFINED BELOW).

 

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

 

This page sets forth the terms and conditions under which WWW.IUSEBARTER.COM provides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you shall be presumed to have agreed to the terms and conditions we have outlined below and these terms and conditions constitute your binding obligations towards WWW.IUSEBARTER.COM. If you do not accept these terms and conditions, do not continue to use or access this site.

 

For the purpose of the User Agreement, 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("Username" and "Password").

 

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices which are subject to amendment without any notice. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and abide by them if you choose to use the sites, pages or services to which they apply.

 

These Terms of Use of the website located at the URL WWW.IUSEBARTER.COM and mobile application under the name and style "IUSEBARTER" (the Website) is between CASPER INFOSYSTEM Private Limited (hereinafter referred to as " CASPER INFOSYSTEM " or "IUSEBARTER" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which IUSEBARTER offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

 

These Terms of Use together with the Privacy Policy and other legal documents are available at http://WWW.IUSEBARTER.COM together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

 

If you are accessing the IUSEBARTER mobile application or accessing the Services through the IUSEBARTER mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

 

Introduction

CASPER INFOSYSTEM is a company incorporated under the laws of India. CASPER INFOSYSTEM is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

 

These Terms of Use are subject to revision by CASPER INFOSYSTEM at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. IUSEBARTER may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

 

If there is any conflict:

(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;

 

(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;

 

(iii) between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict;

 

(iv) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

 

USE OF WEBSITE

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, infirm, un-discharged solvents are not eligible to use the Website.

 

WWW.IUSEBARTER.COM grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate sale or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent sale or purchase or any reservation in anticipation of demand. You shall not make sale or purchase of products in the name of fictitious person. You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this site. You agree that you shall not take any action that imposes a burden or load on our infrastructure that WWW.IUSEBARTER.COM deems in its sole discretion to be unreasonable or disproportionate to the benefits WWW.IUSEBARTER.COM obtains from your use of the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offense or attempt to commit a criminal offense, or give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, worm or other harmful item or program that may damage, detrimentally interfere with, surreptitiously intercept and/or expropriate any system, data or important information, (d) create any liability for us or cause us to lose (fully or partially) the services of our ISPs or other suppliers, or (e) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

 

This Web site is for your personal and commercial use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

 

USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT

The Users availing services from WWW.IUSEBARTER.COM shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by WWW.IUSEBARTER.COM for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or WWW.IUSEBARTER.COM with respect to any services to be provided by WWW.IUSEBARTER.COM shall be restricted to the scope of this agreement.

 

WWW.IUSEBARTER.COM reserves the right, in its sole discretion, to terminate the access to any or all WWW.IUSEBARTER.COM websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

 

In addition to this Agreement, there are certain terms of sale / policies / legal agreements (TOS) specific to the services rendered/ products provided by WWW.IUSEBARTER.COM like products, other items etc. Such TOS will be provided/ updated by WWW.IUSEBARTER.COM which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

 

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, buying and selling of products from brands, Electronic items, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

 

WWW.IUSEBARTER.COM's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail WWW.IUSEBARTER.COM's Services.

 

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other WWW.IUSEBARTER.COM document, then these terms shall control.

 

Links to third party sites

This Web site may contain links to websites operated by parties other than WWW.IUSEBARTER.COM. Such links are provided for your convenience only. WWW.IUSEBARTER.COM does not control such websites, and is not responsible for their contents under any circumstances. WWW.IUSEBARTER.COM's inclusion of links to such web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Your correspondence or business dealings with or participation in activities such as but not limited to promotions found in or through such websites are solely between you and such parties. You agree that WWW.IUSEBARTER.COM shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such links on WWW.IUSEBARTER.COM website.

 

By using the Account Access service in WWW.IUSEBARTER.COM's websites, the User authorizes WWW.IUSEBARTER.COM and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information

 

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

 

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify WWW.IUSEBARTER.COM immediately in writing of any unauthorized use of their password or account or any other breach of security. WWW.IUSEBARTER.COM will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time

 

Linked Websites

This website is linked to many third party websites/merchant websites to compare their prices and features. It assists you in making a best choice while shopping for a product online. The ultimate decision is never enforced upon the user and you may shop from these linked websites at your own will. Clicking on the “visit store” option may direct to the merchant website/linked website. While shopping from the merchant website or visiting any third party website from www.iusebarter.com, you are bound by the terms and conditions mentioned on those websites. We request you to be careful and go through their terms & conditions before accessing the third party websites. We will not be liable or held responsible for any content/material/services provided by any third party websites.

 

Linking To and From iusebarter

This Site may contain hyperlinks to websites operated by parties other than iusebarter. The inclusion of hyperlinks to such websites does not imply iusebarter's certification or endorsement of such websites nor any association with their operators. iusebarter or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Site. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites.

 

No Unlawful or Prohibited Use

As a condition of your use of this Web site, you warrant to WWW.IUSEBARTER.COM that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

Software available on this web site

Any software that is made available to download from this Web site ("Software") is the copyrighted work of WWW.IUSEBARTER.COM and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, WWW.IUSEBARTER.COM hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all Source code contained in this Web site, is owned by WWW.IUSEBARTER.COM and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of INDIA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to INDIAN export restrictions.

 

AGE & RESPONSIBILITY

If you use this site, you alone are responsible for maintaining the confidentiality of your account information, username and your password/s. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract, and use this to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

 

ACCURACY OF INFORMATION

WWW.IUSEBARTER.COM does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will WWW.IUSEBARTER.COM be liable for any loss or direct, indirect, incidental, special or consequential damages caused by dependence on this information. The information on this Website may be changed or updated without notice. WWW.IUSEBARTER.COM may also make improvements and/or changes in the products, services and/or programs described on this site at any time without notice.

 

Services

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

 

Eligibility to Use

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the IUSEBARTER system by IUSEBARTER for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between IUSEBARTER and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

 

IUSEBARTER reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

 

You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 

•             Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

 

•             Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.

 

Your Account, Password, and Security

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

 

Registered users: IUSEBARTER makes certain sections of the Services available to You through the Website only if You have provided IUSEBARTER certain required User information and created an account and a IUSEBARTER ID through certain log-in ID and password ("Account").

 

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by IUSEBARTER registration form or provided by You as Guest User (such information being the "Registration Data") 2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or IUSEBARTER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, IUSEBARTER has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

 

In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify IUSEBARTER of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. IUSEBARTER cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by IUSEBARTER or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

 

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

 

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or IUSEBARTER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IUSEBARTER has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

 

Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

 

Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and IUSEBARTER may collect certain personal information. Your provision of, and IUSEBARTER's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by IUSEBARTER's privacy policy.

 

Fees, Services, Payments related Information

Presently, IUSEBARTER does not levy any fee for browsing the Website or buying the Products on the Website. IUSEBARTER may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. IUSEBARTER will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that IUSEBARTER may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

 

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. IUSEBARTER expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

 

IUSEBARTER may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. IUSEBARTER will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, IUSEBARTER 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 You/cardholder having exceeded the preset limit mutually agreed by IUSEBARTER with its bank from time to time.

 

For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and IUSEBARTER does not control the same and shall be liable for the same.

 

Payment Facility for Your orders: IUSEBARTER may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of IUSEBARTER's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. IUSEBARTER shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between IUSEBARTER and sellers.

 

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.

 

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. IUSEBARTER reserves the right to delete such multiple listings of the same product listed by you in various categories.

 

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

 

1.            Lack of authorization for any transaction/s, or

2.            Exceeding the preset limit mutually agreed by You and between "Bank/s", or

3.            Any payment issues arising out of the transaction, or

4.            Decline of transaction for any other reason/s

 

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

 

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

 

Further:

1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render IUSEBARTER liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on IUSEBARTER's Website.

 

2. You have specifically authorized IUSEBARTER or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with IUSEBARTER is on a principal to principal basis and by accepting these Terms of Use you agree that IUSEBARTER is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on IUSEBARTER's Website that are paid for by using the Payment Facility. IUSEBARTER does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

 

3. You understand, accept and agree that the payment facility provided by IUSEBARTER is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the IUSEBARTER Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, IUSEBARTER is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

 

Payment Facility for Buyers:

• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.

• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent ovation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

• You, as a Buyer, shall electronically notify Payment Facility using the appropriate IUSEBARTER Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favor of the Buyer (As per registration details provided by the Buyer)

• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

• Refund shall be conditional and shall be with recourse available to IUSEBARTER in case of any misuse by Buyer.

• Refund shall be subject to Buyer complying with Policies.

 

4. IUSEBARTER reserves the right to impose limits on the number of Transactions or Transaction Price which IUSEBARTER may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

 

5. IUSEBARTER reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with IUSEBARTER or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

6. IUSEBARTER may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of IUSEBARTER. As a result of such check if IUSEBARTER is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

 

7. IUSEBARTER may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if IUSEBARTER deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, IUSEBARTER may hold Transaction Price and IUSEBARTER may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

 

8. The Buyer and Seller acknowledge that IUSEBARTER will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of IUSEBARTER.

 

Compliance with Laws:

9. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and IUSEBARTER Website.

 

Buyer's arrangement with Issuing Bank:

10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

 

11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

 

User Obligations And Role Of IUSEBARTER

Subject to compliance with the Agreement(s), IUSEBARTER grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

 

You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with Use of Content.

 

You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by IUSEBARTER. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

 

If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content to us.

 

The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to IUSEBARTER using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that IUSEBARTER does not endorse any User Content on the Website and is not responsible or liable for any User Content. IUSEBARTER reserve the right to disable access to the User Content on the Website.

 

You hereby grant IUSEBARTER a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.

 

You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that IUSEBARTER is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. IUSEBARTER is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). IUSEBARTER neither recommends You to buy or sell any Products on the Website nor does IUSEBARTER endorses any such Products and nor does IUSEBARTER provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, IUSEBARTER does not guarantee, warranty or provide any assurance on the behavior of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

 

When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, IUSEBARTER's prior written consent means a communication coming from IUSEBARTER's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

 

•             harms minors in any way;

•             impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

•             threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;

•             infringes any patent, trademark, copyright or other proprietary rights;

•             contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

•             deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

•             engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

•             attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any IUSEBARTER server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

•             probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of IUSEBARTER, including any IUSEBARTER Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

•             disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

•             use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of IUSEBARTER or other third parties;

•             falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

•             violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

•             violate any applicable laws or regulations for the time being in force within or outside India;

•             violate the terms of the Agreement.

 

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

 

 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

 

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

 

 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of IUSEBARTER or sellers on platform or otherwise tarnish or dilute any IUSEBARTER's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or IUSEBARTER's systems or networks, or any systems or networks connected to IUSEBARTER.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

 

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IUSEBARTER and / or others.

 

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under 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.

 

Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

 

From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

 

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. IUSEBARTER shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect IUSEBARTER views. In no event shall IUSEBARTER assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

 

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 does 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.

 

IUSEBARTER shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

You agree that You are solely responsible to IUSEBARTER and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which IUSEBARTER or its affiliates or its vendors may suffer) for any such breach.

 

IUSEBARTER does not pre-screen User Content. IUSEBARTER has no obligation to monitor any User Content. However, IUSEBARTER at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if IUSEBARTER determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where IUSEBARTER removes any User Content from the Website, IUSEBARTER will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute IUSEBARTER's position as an intermediary or impose any liability on IUSEBARTER with respect to User Content.

 

You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

 

You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

 

You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.

 

Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, IUSEBARTER reserves the right to cancel any orders that classify as 'Bulk Order' as determined by IUSEBARTER as per certain criteria. Any rewards or benefits provided by IUSEBARTER and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by IUSEBARTER for the purpose of identifying 'Bulk Order', including but not limited to:

a. Products ordered for commercial resale and not for self-consumption;

b. Multiple orders placed for same product at the same address;

c. Bulk quantity of the same product ordered;

d. Invalid address given in order details; or

e. Any malpractice used to place the order.

 

There may be certain orders that IUSEBARTER is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in IUSEBARTER's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.

 

In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

 

In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts IUSEBARTER for the same, IUSEBARTER may inform the seller to provide or facilitate the provision of such services to the buyer. IUSEBARTER is not and shall not be obliged to provide any such additional services. IUSEBARTER's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

 

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

 

Use of Content

Except as expressly indicated to the contrary in any applicable Additional Service Terms, IUSEBARTER hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

•             You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

•             You may not modify or alter product catalogues available on the Website;

•             You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and

•             You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

 

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

 

Any software that is available on the Website is the property of IUSEBARTER or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of IUSEBARTER.

 

Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by IUSEBARTER or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. IUSEBARTER reserves the right to change or modify the Content from time to time at its sole discretion.

 

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of IUSEBARTER or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of IUSEBARTER, the vendor/seller or the third party that may own the Marks.

 

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, IUSEBARTER owns all intellectual property rights to and into the trademark "IUSEBARTER", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

 

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from IUSEBARTER or thirty party owner of such Content.

 

Third Party Content

General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. IUSEBARTER may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. IUSEBARTER shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

 

In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. IUSEBARTER makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

 

Disclaimer Of Warranties & Liability

THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY IUSEBARTER ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IUSEBARTER MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IUSEBARTER OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IUSEBARTER WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. IUSEBARTER ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IUSEBARTER WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. IUSEBARTER HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT IUSEBARTER NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. IUSEBARTER SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, IUSEBARTER SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND IUSEBARTER 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IUSEBARTER IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. IUSEBARTER ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

 

In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of IUSEBARTER and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / IUSEBARTER.

 

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless IUSEBARTER, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

 

IUSEBARTER may notify You of any claims which You shall be liable to indemnify IUSEBARTER against. You will then be required to consult with IUSEBARTER regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of IUSEBARTER without the express prior written consent of IUSEBARTER which can be withheld or denied or conditioned by IUSEBARTER in its sole discretion.

 

Notwithstanding anything to contrary in the Agreement(s), IUSEBARTER's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the amount of fees, if any, paid by You to IUSEBARTER under the relevant order to which the cause of action for the liability relates.

 

Notwithstanding anything to contrary in the Agreement(s), in no event shall IUSEBARTER, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not IUSEBARTER has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

 

Terms

The Agreement will continue to apply until terminated by either You or IUSEBARTER as set forth below. If You want to terminate Your agreement with IUSEBARTER, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where IUSEBARTER has made this option available to You.

 

You agree that IUSEBARTER may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if IUSEBARTER determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to IUSEBARTER, for which monetary damages may be inadequate, and You consent to IUSEBARTER obtaining any injunctive or equitable relief that IUSEBARTER deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies IUSEBARTER may have at law or in equity.

 

In addition to above, IUSEBARTER may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

•             IUSEBARTER is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

•             The provision of the Services to You by IUSEBARTER is, in IUSEBARTER's opinion, no longer commercially viable;

•             IUSEBARTER has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

•             In the event IUSEBARTER faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

 

IUSEBARTER may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

 

You agree that all terminations shall be made in IUSEBARTER's sole discretion and that IUSEBARTER shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

 

Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until IUSEBARTER chooses to terminate them. IUSEBARTER may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. IUSEBARTER may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

 

Governing Law and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and IUSEBARTER shall be governed in accordance with the laws of India without reference to conflict of laws principles.

 

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and IUSEBARTER shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

 

Report Abuse And Take Down Policy

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the IUSEBARTER Report and Take Down Policy available at WWW.IUSEBARTER.COM section.

 

Communications

When You use the Website or send emails or other data, information or communication to IUSEBARTER, You agree and understand that You are communicating with IUSEBARTER through electronic records and You consent to receive communications via electronic records from IUSEBARTER periodically and as and when required. IUSEBARTER will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

 

General Provisions

Notice: All notices with respect to these Terms of Use from IUSEBARTER will be served to You by email or by general notification on the Website. Any notice provided to IUSEBARTER pursuant to these Terms of Use should be sent to support@IUSEBARTER.com.

 

Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. IUSEBARTER's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by IUSEBARTER to any third parties without the requirement of seeking Your prior consent. IUSEBARTER may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. IUSEBARTER shall have right to transfer Your Account and Account Information to a third party who purchases IUSEBARTER's business as conducted under the Website.

 

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. IUSEBARTER may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

 

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

 

Principal to Principal Relationship: You and IUSEBARTER are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and IUSEBARTER. As an abundant caution, it is clarified that IUSEBARTER shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and IUSEBARTER have entered this agreement on principal to principal basis.

 

Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by IUSEBARTER is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of IUSEBARTER or its third parties performing such services as sub-contractor to IUSEBARTER and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then IUSEBARTER shall be excused from such performance to the extent of and during the period of such Force Majeure Event. IUSEBARTER shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

 

Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. IUSEBARTER shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) IUSEBARTER is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) IUSEBARTER may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from IUSEBARTER for the feedback under any circumstances.

 

To clarify, IUSEBARTER may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however IUSEBARTER shall not be obliged to do so. Further, in the event that IUSEBARTER makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to IUSEBARTER, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.

 

Report Abuse And Take Down Policy

Since IUSEBARTER is an online market place and an intermediary as defined by applicable law, IUSEBARTER is not obliged to monitor or control the Products being sold on WWW.IUSEBARTER.COM("Website") or monitor or control any other content on the Website.

 

However IUSEBARTER at its discretion and in accordance with applicable law may choose to monitor any Products or other content and may remove any such content from the Website if IUSEBARTER determines in its sole discretion that such content is in violation of IUSEBARTER's policies or any applicable law.

 

Report Of Violations Of IUSEBARTER Policy Or Law

If you believe that there is any content available on the Website which is contrary to IUSEBARTER's policies or applicable law ("Objectionable Content"), then please notify to the IUSEBARTER Grievance Officer at the email id provided in IUSEBARTER Privacy Policy ("Objectionable Content Notice"). When you send such Objectionable Content Notice, please ensure that your notification contains the following details:

 

1.       Your name, email id, phone number and postal address

2.       The exact nature of the Objectionable Content (such as whether the Objectionable Content is a Product being sold by a Seller on the Website or is a Product review or a Product description)

3.       The exact location (including the relevant web page) where the Objectionable Content appears

4.       Why do you consider the content to be objectionable?

 

Report Of Violations Of Your Intellectual Property Rights

IUSEBARTER also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below.

 

Please send the duly filed out IP Infringement Notice via email to support@IUSEBARTER.com. Any incomplete or improperly filled out document may not be considered.

When You send us an Objectionable Content Notice or and IP Infringement Notice (collectively referred to as "Notice(s)"

1.

You declare that all statements made by you are true;

2.

You acknowledge and agree that we may share your Notice to third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our advisors and other third parties;

3.

You agree to indemnify IUSEBARTER and its group companies against all claims which may arise in connection with such a Notice being made by You.

Once we receive a Notice

1.

We will evaluate the contents of the Notice

2.

We may take such action as we deem appropriate in keeping with our policies and applicable law which may include, asking further details from you or taking down the content that was the subject matter of Your Notice.

 

RIGHT TO REFUSE

WWW.IUSEBARTER.COM at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by WWW.IUSEBARTER.COM is not complete until full money towards the service is received from the customer and accepted by WWW.IUSEBARTER.COM.

 

Without prejudice to the other remedies available to WWW.IUSEBARTER.COM under this agreement, the TOS or under applicable law, WWW.IUSEBARTER.COM may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

•             The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

•             WWW.IUSEBARTER.COM is unable to verify or authenticate any information provided by the user; or

•             WWW.IUSEBARTER.COM believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or WWW.IUSEBARTER.COM.

 

WWW.IUSEBARTER.COM may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with WWW.IUSEBARTER.COM or use the website in any manner whatsoever until such time that the user is reinstated by WWW.IUSEBARTER.COM.

 

Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, WWW.IUSEBARTER.COM reserves the right to recover any amounts due and owing by the user to WWW.IUSEBARTER.COM and/or the service provider and to take strict legal action as WWW.IUSEBARTER.COM deems necessary.

 

RIGHT TO CANCELLATION BY WWW.IUSEBARTER.COM IN CASE OF INVALID INFROMATION FROM USER

The User expressly undertakes to provide to WWW.IUSEBARTER.COM only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from WWW.IUSEBARTER.COM.

 

In case WWW.IUSEBARTER.COM discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, WWW.IUSEBARTER.COM in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, WWW.IUSEBARTER.COM shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

 

The User unequivocally indemnifies WWW.IUSEBARTER.COM of any such claim or liability and shall not hold WWW.IUSEBARTER.COM responsible for any loss or damage arising out of measures taken by WWW.IUSEBARTER.COM for safeguarding its own interest and that of its genuine customers. This would also include WWW.IUSEBARTER.COM denying/cancelling any bookings on account of suspected fraud transactions.

 

Profanity Policy

IUSEBARTER prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

 

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title forte item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

 

Please report any violations of this policy to the correct area for review:

·         Report offensive Display Names

·         Report offensive language in a listing or otherwise

 

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

 

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

 

IUSEBARTER will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

 

Violations of this policy may result in a range of actions, including:

1.     Limits placed on account privileges;

2.     Loss of special status;

3.     Account suspension.

 

Replacement Guarantee*

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

 

If IUSEBARTER has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then IUSEBARTER may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

 

IUSEBARTER reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, IUSEBARTER may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to s/help/cancellation-returns

 

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the IUSEBARTER website. Following situations may arise:

1.     Item was defective

2.     Item was damaged during the Shipping

3.     Products was / were missing

4.     Wrong item was sent by the Seller.

 

Return could also result in refund of money in most of the cases.

Points to be noted:

1.     Seller can always accept the return irrespective of the policy.

2.     If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

 

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

 

Buyer need to raise the refund request within 10 days from the date of payment realization. Once Buyer has raised a return request by contacting Us, Seller while closing the return ticket can select one of the following:

1.     Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)

2.     Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)

3.     Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)

4.     Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)

5.     On certain select days as specified by IUSEBARTER (such as 'SEASON SALE Day') separate policies may be applicable.

 

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

 

In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

 

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

 

Category

Condition

Electronics

Should be included

Clothing and Footwear

Should be "New & Unworn" (other than for trial)

Beauty, Health & Personal Care

Should be "New & Unopened"

Sports & Equipment

Should be "New" and returned with original packaging

Office Products

Should be "New" and returned with original packaging

Jewellery

Should be "New" and returned with original packaging

 

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

 

Shipping cost for returning the product shall be borne and incurred by the Seller.

 

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

 

Points to be noted:

1.     Seller can always accept the return irrespective of the policy.

2.     If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer need to raise the replacement request within 10 days from the date of delivery of products. Once Buyer has raised a replacement request by contacting Us provided on the Website. Once the replacement request has been raised, the following steps shall be followed:

1. Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:

·         Shipping was damaged

·         Item was defective

·         Item Dead on Arrival

·         Item(s) were missing

·         Wrong item sent

2. An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.

3. In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.

4. Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to support@IUSEBARTER.com.

 

In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

 

If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.

 

All shipping and other replacement charges shall be borne and incurred by the Seller.

 

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on IUSEBARTER. However there may be some cases where both the Buyers and Sellers may face issues. At IUSEBARTER, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

 

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.

 

How does a 'dispute' occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

 

It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

 

How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can write to support@IUSEBARTER.com, while the Seller can also write to support@IUSEBARTER.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

 

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

1. Wrong item received

2. Item Not as described

·         Damaged or Seal broken on Product

·         Part/Accessory missing

·         Item not Compatible

·         Seller Description/Specification Wrong

·         Defective (Functional issues)

·         Product not working and Manufacturer claims invalid Invoice

 

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then IUSEBARTER will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

 

Buyer Protection Program

In case of a dispute where the Seller is unable to provide a refund or a replacement, IUSEBARTER will actively work towards reaching a resolution.

 

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.

 

The Buyer can write to support@IUSEBARTER.com if the issue with the Seller is not resolved. IUSEBARTER's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.

 

In due course of resolution, IUSEBARTER's Customer Support Team will facilitate a conference call including the Seller and the Buyer.

 

When a dispute has been raised, IUSEBARTER may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from IUSEBARTER for settling the dispute.

Buyer Eligibility and Restrictions

• Only the Buyers who have purchased the product on IUSEBARTER are eligible for the Buyer Protection Program.

• Buyers can file a dispute within 7 days from the date of delivery of the product

• Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

• To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with IUSEBARTER by writing an email to support@IUSEBARTER.com

• Fraudulent charges and claims are not covered under Buyer Protection Program

• If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.

• Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

• Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on IUSEBARTER. If the claim was withdrawn, it is counted. The coverage amount will be limited to the cost of the product purchased / disputed.

• Through the Buyer Protection program, IUSEBARTER does not provide any guarantee/warranty to Buyers for products sold on IUSEBARTER against technical/manufacturing defects.

• Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. IUSEBARTER shall verify the disputes so raised and may process only such claims that are valid and genuine.

• IUSEBARTER shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

• Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.

• IUSEBARTER reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, IUSEBARTER may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

• Decisions made by IUSEBARTER under the Buyer Protection Program shall be final and binding on its Users.

• IUSEBARTER reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

• Through this program, IUSEBARTER shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

• IUSEBARTER Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

 

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies

2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

 

Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by IUSEBARTER" and failing to do so Seller will be liable for chargebacks (as applicable).

3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

 

ONUS OF THE USER

WWW.IUSEBARTER.COM is responsible only for the transactions that are done by the User through WWW.IUSEBARTER.COM.   WWW.IUSEBARTER.COM will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

 

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

 

The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or any other countries or other applicable law.

 

CONFIDENTIALITY

Information concerning WWW.IUSEBARTER.COM, or any of its subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of WWW.IUSEBARTER.COM and is confidential except for the necessary disclosures required by law.

 

COPYRIGHT POLICY

WWW.IUSEBARTER.COM holds the copyright in respect of this site, and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of WWW.IUSEBARTER.COM,  and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of WWW.IUSEBARTER.COM.

 

You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.

 

SAFETY OF DATA DOWNLOADED

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

 

Nevertheless, WWW.IUSEBARTER.COM will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

 

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. IN NO EVENT WILL WWW.IUSEBARTER.COM BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED OR INTERFACED WEBSITE OR DUE TO ACCESSING DATA RESIDING ON THIRD PARTY SERVERS NOT BELONGING TO WWW.IUSEBARTER.COM.

 

PROMOTIONS / OFFERS / SCHEMES

Please note that in case of special offers, promotions or schemes additional terms and conditions of these offers, promotions or schemes will be applicable in addition to these terms and conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions or schemes in order to be eligible to avail benefits under such offers, promotions or schemes. If you fail to make the payment by the due date and/or do not comply with all the terms and conditions of the offer, promotion or scheme you would not be entitled to receive the benefit under such offer, promotion or scheme.

 

PROFESSIONAL ADVICE and WARRANTIES

The information provided on this site is distributed with the understanding that WWW.IUSEBARTER.COM is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

 

WWW.IUSEBARTER.COM specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose. WWW.IUSEBARTER.COM shall not be liable for any damages resulting from the use or misuse of this site or the information on this site.

 

ARBITRATION AND GOVERNING LAW

All legal disputes will be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, arising under this Agreement, such dispute shall be settled through good faith negotiation among the parties. In case such dispute cannot be resolved by negotiation within 30 days such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Delhi, India. The decision of the arbitral tribunal shall be final and binding upon the parties. In case of the dispute requiring intervention of courts, courts in Delhi alone shall have exclusive jurisdiction.

 

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to WWW.IUSEBARTER.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that WWW.IUSEBARTER.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by WWW.IUSEBARTER.COM in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

 

USAGE OF THE MOBILE NUMBER OF THE USER BY WWW.IUSEBARTER.COM

WWW.IUSEBARTER.COM may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; WWW.IUSEBARTER.COM may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by WWW.IUSEBARTER.COM is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify WWW.IUSEBARTER.COM against all types of losses and damages incurred by WWW.IUSEBARTER.COM due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on WWW.IUSEBARTER.COM with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

 

UPDATION OF THE INFORMATION BY WWW.IUSEBARTER.COM

User acknowledges that WWW.IUSEBARTER.COM provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the WWW.IUSEBARTER.COM websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as WWW.IUSEBARTER.COM notices them. Changes are/may be periodically made/added to the information provided such. WWW.IUSEBARTER.COM may make improvements and/or changes in the WWW.IUSEBARTER.COM websites at any time without any notice to the User. Any advice received except through an authorized representative of WWW.IUSEBARTER.COM via the WWW.IUSEBARTER.COM websites should not be relied upon for any decisions.

 

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless WWW.IUSEBARTER.COM and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by WWW.IUSEBARTER.COM and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

 

The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and WWW.IUSEBARTER.COM cannot be held responsible for the same.

 

INTERPRETATION NUMBER AND GENDER

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.

 

This document is an electronic record in terms of Information Technology Act, 2000 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 signatures.

 

I,   do hereby state and confirm on behalf of myself and others availing the services booked by me, that I have perused the How to Book rules, Terms and Conditions, relevant webpages, itinerary, user agreement, privacy policy and we accept and undertake to abide by the same.

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