BARC India Terms and Conditions
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
For the purposes of these terms and conditions, wherever the context so requires “you” or “your” shall mean any natural person accessing this website www.barcindia.co.in (or “Site”), its contents and or using the services offered through this Site and shall also include a subscriber of BARC India.
For the purposes of these terms and conditions, wherever the context so requires “Company”, “we”, “us” or “our” shall mean Broadcast Audience Research Council having its registered office at Valencia Tower, 4th Floor, 61, Dr. S. S. Rao Road, Parel , Mumbai -400012 and its successors and assigns.
This page contains the terms and conditions concerning your use of the Site. By accessing, browsing and /or using this Site, you agree to be bound by the following terms and conditions as may be amended from time to time. You agree that the following terms and conditions shall apply in conjunction with any other document signed by you (if any) in this regard. These terms and conditions include additional terms and policies which are referenced elsewhere in this document. If you do not agree to these terms, please do not access the Site or avail any service through the Site.
Terms and Conditions:
A. Your Information and Privacy
By accessing or using www.barcindia.co.in you confirm that you have read understood and agreed to conform to these terms and conditions; you also warrant the accuracy, truthfulness and currency of all information that you have submitted while accessing or using www.barcindia.co.in . If you provide any information which is or we have reasonable grounds to suspect that the information is untrue or incorrect, Company may reserve right to suspend or terminate your access to the Site.
You agree that we may collect certain non-personally identifiable information about our visitors when you visit our Site. We use the non-personally identifiable information that we collect to improve the design and content of our service pages. We also may use this information in the aggregate to analyse service usage.
B. Technical Requirement
If your computer/handset/any equipment does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the Site. You are therefore advised to obtain, install and maintain suitable equipment and software to access the Site. You agree that you are solely responsible for the security of your computer/handset or password or your data. Company is not responsible for the back up or restoration of your data/material.
Your use of Contents:
The content (information, communications, images, logos, trade names / trademarks, videos and sounds contained on or available through Site) is provided by BARC India, its group companies, independent content providers and third parties. The contents available on the Site are properties of BARC India, its affiliates, independent content providers or third parties. All rights reserved. The contents of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of BARC India. You agree that the material and content contained within or provided by the Site shall not be used for any commercial purposes or distributed commercially and shall not be allowed to publish in any forum including but not limited on the social/print/digital media without BARC India’s prior written approval. You will not use the Site and its content in any way which has an unlawful or fraudulent purpose or effect. The Company reserves the right to charge for access to certain information on the Site. BARC India will inform you where a charge will be incurred by you for accessing certain services or information on www.barcindia.co.in.
The Company shall not assume or accept any responsibility or liability for the contents which are made available by independent content providers or third parties on the Site or any other website linked with www.barcindia.co.in You agree to access and / or avail such contents at your own risk, responsibility and liability.
By submitting/posting any material to us via the Site, via email or otherwise, you grant us a perpetual, royalty free and irrevocable license to copy, modify, distribute or create a derivative work from that material in any form. You warrant that the material is fit for publication, you own all rights with respect to your material and you agree to indemnify us if any third party takes action against us in relation to the material that you submit. You warrant that you believe the Company may publish the material you submit and/or make use of it or any concepts described in it in our products or services without liability and you agree not to take action against us in relation to it. Company does not guarantee the accuracy, integrity or quality of such material. Company does not endorse any advice or recommendation or suggestion posted through the material. Company shall have the right but not the obligation to monitor the posting/material to determine compliance with these terms and conditions and applicable laws. Company reserves the right to edit the material or remove the material at its discretion without any notice.
C. No Warranty
While the Company shall make all reasonable efforts to update or correct any information that appears on this Site, we do not make any representation or warranty (expressed or implied) in relation to or in any way guarantee the accuracy of information available on the Site at any given time or make any representation or warranty with regards to merchantability, title, fitness for a purpose or non-infringement. BARC India would not be responsible for any misinformation, inconvenience, loss or financial or other damage caused to you due to the use of this Site. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to its use or in connection with the making of any decision using such information. Any use of this Site or the information available on this Site is at your own risk. Neither the Company and its affiliates, nor their directors, officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Site or the information and Content available on this Site, or any website linked to this Site. The Site including the content or information therein is provided on “as is basis”. You are aware that all content shared by BARC India will be “AS IS” and “AS AVAILABLE” and without any warranty, express, implied, statutory, or otherwise, regarding its accuracy or performance.
The Site may contain forward looking statement or projections. They are made on reasonable assumptions and are subject to various risks, uncertainties and factors that could cause actual outcome/results to be materially different.
The Company shall use all reasonable care to maintain the Site in a fully operating condition. It is not responsible for the results of any defects that may exist in the Site. No warranties are given that Site or its content will be uninterrupted or virus free or error free or that it will be suitable for the particular purpose that you have in mind when using it. The Company does not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time. It is a condition of the Company for allowing you access to the information on Site that you accept that the Company will not be liable for any action you take relying on the information on www.barcindia.co.in. If your use of materials or information from Site results in the need for servicing, repair or correction of equipment or data or you assume any costs relating to the above, we would not be liable for the same.
D. Intellectual Property Rights
BARC India or any other product /service names referred to on the Site are trademarks of BARC India. Your access to the Site or use thereof shall not grant in your favour, by implication, estoppel or otherwise, any license, right, title or interest to use any marks appearing on the Site without the prior written consent of the Company or the third party owner thereof.
By accessing or using the Site, you confirm to acknowledge and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to BARC India or to any third party content licensor to BARC India that is made available through the Site.
This Site may contain factual references to the names of certain companies, products and individuals. BARC India makes no representation of having a business relationship or tie up with any such companies, products or individuals. All trade names shall continue to remain owned by their respective owners.
You undertake not to use any content of the Site without valid authorisation from BARC India in writing.
You agree that this Site is a platform which is being provided purely on a “best endeavour” basis and subject to acceptance of these Terms and Conditions. Your access or use of the Site is voluntary and you expressly agree to access Site at your sole risk. The Company shall not be responsible or liable for any loss, injury or any other liability (financial or otherwise) to any user arising due to access or use of the Site
The service is accessed via the World Wide Web which is independent of the Site and the Company. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. The Company has no responsibility for any information or service obtained by you on the World Wide Web.
The Site is a secure website and the Company will take all reasonable steps to maintain the Site as a secure website. However even secure websites are susceptible to malware attacks. There are a number of transactional facilities on www.barcindia.co.in. The Company would not in any way be responsible for any damage or loss caused to you as a result of financial transaction on the Site. The Company would also not be responsible or liable in any manner if your credit card / net banking is misused / used fraudulently while being used on the Site. BARC India would not be responsible or liable in any manner for any error or defects that may exist or for any costs, loss of profits or consequential losses that may arise from your use of or inability to use, or access or a failure, suspension or withdrawal of all or part of the facilities available through the Site at any time. The Company accepts no liability or responsibility for loss of data or breach of confidentiality or other consequences howsoever occurring. In case there has to be a reversal of money paid online, it would be entirely dependent on the payment gateway's terms and conditions and the Company would not be responsible or liable in any manner for quick reversal or for expediting the process.
F. Limitation of Liability
In no event BARC India including its affiliates, directors, officers, agents, employees shall be liable for any loss or damage whatsoever including not limited to direct, indirect, punitive, incidental and consequential damages, loss of profit, loss of data, loss of goodwill resulting from the use or inability to use the Site whether based on warranty, contract, tort or in any other means or action.
You shall indemnify and keep indemnified the Company and its officers, directors, employees, customers, affiliates, agents and licensors harmless from and against any and all claims (including third party claim), losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Company may incur, pay or become responsible for as a result of breach or alleged breach of your representations or obligations under the Terms and Conditions, any failure by you to comply with applicable law, breach of privacy, defamation, infringement of intellectual property rights of the Company and any third party claim in respect of misuse of any information of a third party. BARC India shall have the right to defend itself, pursuant to this Clause, subject to your indemnification. These indemnity obligations will survive termination of your relationship with Company or you ceasing to use the Site.
H. Restrictions on usage
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to the Company or any of its customers or users of the Site by any means. You also agree not to use Site or any content of the Site to transmit or post any material which is defamatory, offensive or obscene or menacing character or which may in our judgement cause nuisance, annoyance, inconvenience to the Company or any other person or which is illegal. You will not use the Site such that you would cause the whole or part of the Site to be interrupted, damaged, or rendered less efficient or impaired in any way. The Company does not routinely monitor your postings to the Site but reserves the right to do so. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of the Site or any of its services, the Company will respond in any way that, in its sole discretion, it deems appropriate. You are prohibited from probing / testing / violating the security of the Site or attempting to including, without limitation (i) accessing data not intended for you or logging into a service or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers, (iii) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus or "trojan horse", overloading, "flooding", "mail bombing" or "crashing" or (iv) sending unsolicited electronic mail including, promotions and / or advertising of other products or services.
You shall not mirror any material contained on the Site on any other server without the prior written consent of BARC India. Any unauthorised use of the contents of the Site shall be construed as breach of copyright laws or trademark laws.
I. Suspension or Modifications of Terms and Conditions
You accept and agree that the Company may suspend or vary the whole or any part of the Site for any reason, at any time at its sole discretion without prior notice. The Company hereby reserves the right to make subsequent changes to, the Site or its content and services may be modified, varied, supplemented or withdrawn, if so required in view of business exigencies and/or guidelines issued / amended by government orders, statutory changes and the same shall be binding on you. Such variations etc. will be deemed effective and in force immediately upon posting of the varied terms on the Site. You are therefore advised to check this Site regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended terms and conditions are not acceptable to You, You should discontinue accessing the Site. Your continued usage of the Site in any manner will constitute your acceptance of the latest revised terms and conditions. These terms and conditions along with separate written or electronic contract if any between you and Company constitutes the complete agreement between you and Company. The failure to exercise or enforce any provision shall not be deemed as waiver of that provision. If any provisions of these terms and conditions is held to be void or unlawful, it shall not affect the validity of the balance provisions. Company may assign its rights and obligations herein any time without notice to you. Your rights and obligations are not assignable without our consent.
J. Governing Law and Jurisdiction
These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Mumbai.