Terms of Use & Service

Last Updated on June 16th, 2010

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE SITE Bharpet.com BY ACCESSING AND USING THE SERVICES OF THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE.

Your use of services offered by Bharpet.com (referred to Services in this document) is subject to the terms of a legal agreement between you and Bharpet.com. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document).

We may modify these Terms and Conditions at any time without notice, the revised terms and conditions becomes effective, as soon as the same is posted on out site. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications and revision that we make on as and when required.

Site and Its Contents
This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, Bharpet.com grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Bharpet.com or otherwise. By displaying them on this Site, Bharpet.com is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Others rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
3. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
4. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer
5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
6. Falsify the origin or source of software or other material contained in a file that is uploaded
7. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

User's Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

Bharpet.com assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. Bharpet.com may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Bharpet.com's policies in any way.

Bharpet.com will fully cooperate with any law enforcement authorities or court order requesting or directing Bharpet.com to disclose the identity of anyone posting such materials.

Bharpet.com Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Bharpet.com, as non-confidential.

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Bharpet.com uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Bharpet.com anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Bharpet.com does not cause Bharpet.com to have any special responsibility to you.

The copyright in the contents of this website belong to Bharpet.com. Accordingly Bharpet.com reserves all rights. Copying of part or all the contents of this website without permission of Bharpet.com is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Contests and interactions This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate.

Disclaimer

The material in this Site could include technical inaccuracies or typographical errors. Bharpet.com may make changes or improvements at any time.

The materials on this site are provided on an "As Is" basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Bharpet.com, Bharpet.com Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, Bharpet.com disclaims all warranties of merchantability, relating to the information and description of the restaurant or any other restaurant products and services displayed on this website (including, without limitation, the pricing, photographs, list of restaurant amenities, general product descriptions, etc.). Restaurant or any other ratings displayed on this website are intended as only general guidelines, and Bharpet.com, Bharpet.com Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. Bharpet.com, Bharpet.com Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. Bharpet.com may make improvements and/or changes on this website at any time.

Bharpet.com does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction

Bharpet.com does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, restaurant owners and tour operators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Bharpet.com does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

You also acknowledge that through this Site, Bharpet.com merely provides intermediary services in order to facilitate highest quality services to you. Bharpet.com is not the last-mile service provider to you and therefore, Bharpet.com shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (restaurant, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. Bharpet.com, Bharpet.com Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement.

Bharpet.com will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. IN no event shall Bharpet.com, Bharpet.com Affiliates ,and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Bharpet.com group companies, the Bharpet.com Affiliates and their respective suppliers have been advised of the possibility of such damages.

You agree to defend and indemnify Bharpet.com, Bharpet.com Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this Agreement or the documents referenced herein; or (b) your violation of any law or the rights of a third party

Availability

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location.

Terms and Conditions of Use

Bharpet.com may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

Bharpet.com may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Bharpet.com reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Bharpet.com's systems as well as its client's interests are and remain, well-protected.

General Provisions

If any dispute arises between you and Bharpet.com during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English language.

The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India.