Effective date: 8th May 2021
The Barkxon Customer Service Agreement, (“Agreement”) contains the legal terms and conditions which shall govern the relationship between Barkxon (“Us” “We” or “Our”), an establishment registered under Maharashtra Shops and Establishment Act, 2017 based in Kothrud, Haveli, Pune- 411029, and you or the entity represented by you (shall include successors in legal responsibility, affiliates, and assigns wherever applicable).
Scope of Agreement:
The Agreement shall govern your usage of our website (“website”) and all the services, features, and content offered herein. By using our website or raising an Inquiry and using our Services, you acknowledge that you have read, understood, and agree to all the Terms and Conditions without exception, and shall comply with all applicable terms, laws, and regulations as and when required.
1. Inquiry
1.1. The term Inquiry shall refer to any Manufacturing Inquiry raised by you on our website.
1.2. You represent and warrant that you are at least 18 years of age to raise an Inquiry. If you are under 18 years of age, you may use our website and services only with the involvement of a parent or guardian.
1.3. The Terms and Conditions are subject to change at any time. These changes will be posted on our website and will be effective immediately upon posting. Barkxon may, via email, update you every time there are changes or additions to the terms and conditions, however, you are solely responsible for ensuring that you are in compliance with the latest Terms and Conditions and with all other laws, rules and regulations as may be applicable to you, for the purpose of with agreement.
2. Data and Security:
2.1. You shall be responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees, or a third party (including your contractors, agents, or End Users). Barkxon and our affiliates shall not be responsible for any unauthorized access to your account.
2.2. Please refer to our Privacy Policy for more details.
3. Service:
3.1. Barkxon provides services including manufacturing of the product(s), inspection of the finished product(s), quality testing, and final shipping. The term “Product” shall hereinafter, for the purpose of this Agreement be deemed to include the terms “Part”, “Parts”, “Product”, or “Products” as the Work Order may specify.
3.2. Barkxon however does not manufacture the product but works with pre-qualified manufacturing suppliers who fit your requirements, and ships the finished product to you.
3.3. Process of ordering:
- Send an Inquiry on the website with details of the product(s) and technical specifications, including product CAD file/drawing/image, raw material, product quantities, any surface treatments, quality and inspection, delivery address, etc.
- Our Team will review the details of your inquiry and contact you for confirmation. After your confirmation, we will provide you our quotation.
3.4 We may, in our sole discretion, refuse or discontinue offering our Services to any person or entity and change its eligibility criteria at any time.
4. Cancellations/Modifications
4.1. Due to the personalized nature of our services, you cannot cancel your order once it’s confirmed. However you can contact Barkxon within 4 hours of receiving the confirmation for your order, and Barkxon at its sole discretion may allow cancellation/modification of your order.
4.2. At any stage of the ordering process, or even after the order is placed, Barkxon may cancel the order for any of the following (non-exhaustive) reasons;
- Infeasibility of manufacturing;
- Indicated delivery location outside the scope of serviced regions;
- Design violates IPR held by any other individual or organization.
In all cases, other than those involving fraud or misrepresentation, upon cancellation of the order Barkxon shall immediately inform the same to you and if applicable, initiate a full refund for the payment made.
5. Price and Payment
5.1. The Price quoted to you includes the fees for the services, cost of material, production cost, GST (and other applicable local taxes), and shipping costs but does not include import duty or additional taxes which may be applicable.
6. Acceptance and Confirmation:
6.1. Once the order has been successfully placed you shall receive an email at your registered email address.
6.2. Barkxon will provide updates on the status of your order on your registered email during various stages of manufacturing and shipping.
7. Shipping:
7.1. Barkxon shall utilize the services of an independent third-party shipping carrier to deliver the finished product to your shipping address.
7.2. Delivery time provided by us is only the best estimate.
7.3. Barkxon shall not under any circumstances be liable for any damages in transit, delay in delivery, or any loss caused due to either the delay or any related circumstances during delivery or shipping. Title and risk of loss is transferred to you upon transfer of goods from Barkxon to the shipment carrier.
8. Warranty
8.1. Barkxon warrants only that the product manufactured will substantially meet the technical details provided by you within the limitations of the available technology. Barkxon does not give any warranty about the product themselves and does not guarantee that the product would be fit for any particular purpose. It is your sole legal responsibility to ensure the accuracy of details provided by you to Barkxon.
8.2. You are to inspect the product immediately upon receipt of delivery. In case of any product defects, contact us within 7 (seven) days of receipt of the order. We will review your query and confirm whether you are entitled to a rework of the received product, replacement, or refund. Do not return the product without our confirmation. Barkxon shall bear the shipping cost in case of replacement of defective product.
8.3. You must raise all the claims concerning product defects within 7 (seven) days of delivery, post which the product will be deem to be accepted.
9. Intellectual Property Rights:
9.1. You shall retain all intellectual property rights of your product, including without limitation any and all derivative works like drawings, 3D models, and rendering. By using our website you represent and warrant that you have all the legal rights to the product/content and it does not infringe upon, misappropriate, or violate any third party’s rights.
You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. By submitting your inquiry on our Website, you grant Barkxon a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license;
- to use your design and specifications for manufacturing and delivering your Product, and to provide any other services upon your request;
- to generate and display renders of your product; and
- to use the product as necessary for the operation and maintenance of Barkxon Services including without limitation for the internal testing and educational purposes of Barkxon and Barkxon manufacturing partners.
10. Indemnification & Limitation of Liability
10.1. You shall defend, indemnify, and hold harmless Barkxon, our affiliates, and each of our and their respective employees, contractors, suppliers, and representatives from all liabilities, claims, losses, costs, and expenses, including reasonable attorneys’ fees, that arise from any violation of law or legal responsibility by your utilization of the Website or finished product in itself or as a part of another product, including but not limited to IPR claims.
10.2. In no event shall Barkxon or any of its agents or representatives be held individually or collectively liable to you for any damages arising from the breach of fiduciary duty by third parties unless the Barkxon’s act or failure to act involved intentional misconduct, fraud, or a knowing violation of the law.
10.3. In no event shall Barkxon or its employees be held individually or collectively liable to you for any loss or damage suffered by you due to any data loss, data theft, bugs, viruses, or the likes (regardless of the source of origination) despite all necessary due diligence by us.
10.4 Under no circumstances will Barkxon be liable to you for more than the greater of (i) the amount received by Barkxon for our services from you under the given order, under which the claim is filed, or (ii) the amount of one hundred dollars ($100).
11. Applicable Law:
11.1. This Agreement shall be governed by and constructed in accordance to the laws of India. Any and all disputes arising under these terms and conditions shall be subject to the sole jurisdiction of the courts of Pune, Maharashtra, India.
12. Force Majeure:
12.1. Barkxon, or affiliates, agents, or representatives shall not be liable for any failure or delay to perform our obligations hereunder where such failure or delay results from any cause beyond our reasonable control, including any sudden State or Central legislation, or any act of God. Barkxon shall make all responsible efforts to ensure that you are updated with the situation at the earliest in any such event.