Terms and Conditions of Use of the Application

Introduction

Welcome to ARBS Bridging Platform (“Application”) provided by ARBS Power Solutions Private Limited (“Company”). Any service rendered to you through the Application by the Company including but not limited to information about the services, pictures of the services, terms and conditions, transactions that may be implemented through the Application, availing of services and all other services in relation thereto (“Service”) shall be subject to and you are deemed to have accepted these terms and conditions (“Terms and Conditions”). The Terms and Conditions together with the terms and conditions contained in the “Privacy Policy”, shall constitute an agreement between the user and the Company (“User Agreement”) and govern your use of the Application. By using the Application you agree to be bound by and comply with the terms and conditions of the User Agreement, including specifically the Terms and Conditions contained herein. If you are not agreeable to any of the terms and conditions of the User Agreement, please do not use or view the Application.

All Service(s) and information displayed on the Application constitute an “invitation to offer”. Your order for availing Service(s) constitutes your “offer” which shall be subject to the Terms and Conditions as listed below. The Company reserves the right to accept or reject your offer. Our acceptance of your order shall take place upon rendering of the Service(s) ordered by you on the Application. No act or omission by the Company prior to our rendering of the Service(s) shall constitute acceptance of your offer.

Account Eligibility

Use of the Application is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years are not eligible to use the Application.

Registration as provided for on the Application is a mandatory requirement for availing of the Service rendered on the Application. Registration is done voluntarily or automatically. Voluntary registration is when you as register yourself by submitting Your Information as sought during the registration. Automatic registration is when you provide Your Information when sought by us at the time of availing of services from the Application, such as your email address etc.

The Company reserves the right to terminate your account/ registration and refuse to continue providing you with access to the Application if the Company discovers that you are under the age of eighteen (18) years. The Application is not available to persons whose account/ registration has been suspended or terminated by the Company for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to the User Agreement. Unless otherwise specified, the materials on the Application are directed solely at those who access the Application from India. Those who choose to access the Application from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. The Company shall provide the Service(s) ordered only within the territory of India and shall not be liable for any claims relating to any Service(s) that have been ordered to be delivered outside India.

Account and Registration Obligations

When you register (voluntarily or automatically) on the Application, you shall create a username and a password (“Your Account”). You are solely responsible for any use of the Service with Your Account.

“Your Information” is defined as any information you provide to us in the registration, Service utilization process, buying process, use of the Service(s) or through any e-mail feature, blog etc.

You also understand and agree:

To provide true, accurate, current and complete information about yourself / your business entity as prompted by the Application’s registration form (such information being the “Registration Data”).
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate your account and refuse to provide you with access to the Application, without any further obligations under the User Agreement or any other terms and conditions whether provided on the Application or otherwise.
That you authorise the Company to use Your Information and Comments (defined below), as may be required from time to time, in relation to fulfilling its continuing obligations.

Credit / Debit Card Details

Please note that the credit / debit card payment gateway is maintained, operated and processed by the [ Paytm ] payment gateway. You agree and acknowledge that the Company bears no responsibility for payment made by credit /debit card /net banking /e-wallets or any other forms of payments to avail the Service(s) on the Application. The Company is not liable for any actions under this payment mechanism.

You agree, understand and confirm that the credit / debit card details provided by you for availing of Service on the Application shall be correct and accurate and you shall not use the credit / debit card /e-wallet or any other forms of payment which is not lawfully owned by you, i.e. in a credit / debit card transaction you must use your own credit / debit card. You further agree and undertake to provide the correct and valid credit / debit card/net banking/ e-wallet or any other forms of payment details to the Company. Further, the said information will not be utilised and shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card/ debit card/ net banking/ e-wallet or any other forms of payment fraud. The liability for use of a credit/ debit card/ net banking/ e-wallet or any other forms of payment fraudulently shall be on you and the onus to “prove otherwise” shall be exclusively on you.

Fraudulent / Declined Transactions

The Company reserves the right to recover the cost of Services, collection charges and lawyers fees from you if you are found using a credit/debit card net banking/ e-wallet or any other forms of payment for availing Service(s) and/or the Application fraudulently. In such an event, the Company reserves the right to initiate legal proceedings against you for fraudulent use of the Application and any other unlawful acts or acts or omissions in breach of these Terms and Conditions. You hereby indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms and Conditions.

Pricing

The Company has taken all due care to ensure accurate Services and pricing information on the Application. However, there may be pricing or typographical errors.. In the event that the Services is listed at an incorrect price or with incorrect information due to an error in pricing or Services information, the Company shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Services, unless the Services has already been availed. In the event that the Service is incorrectly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Services ordered by you has been availed, your offer will not be deemed accepted.

Your Payment shall be debited to your credit card / debit card/net banking/ e-wallet or any other forms of payment account. The payment shall be processed prior to the Company rendering the Services availed by you.

Prices and availability of the Services are subject to change without notice.

Electronic Communications

When you use the Application or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail by posting notices on the Application or by sending you notifications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address and other contact details regularly. If the Company is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the relevant Company’s e-mail ID.

You agree and confirm:

That in the event that you are unable to avail the Services on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name or address or any other wrong information) and any inconvenience or delay that ensues are a result of such mistake, shall not be the Company’s liability and losses incurred by the Company as a result of such inaccuracy or mistake may be claimed from you.
That you will use the Service rendered by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with the Terms and Conditions, all applicable laws and regulations while using the Application and transacting on the Application.
The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using the Application without prior intimation whatsoever.
That you are accessing the Application and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Application.
That before placing an order, you will check the Service description carefully. By placing an order for a Service you agree to be bound by the conditions of offer included in the item’s description.

You shall not use the Application for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Application.
Breaching any applicable laws.
Interfering or disrupting networks or web sites connected to the Application.
Reproducing or distributing content, accessing content for unlawful use and/or selling the acquired content. Content shall include any content acquired from the Application, whether directly or through a link including intellectual property, whether protected under copyright, trade mark or not, available and accessible on the Application, and includes the Services available on the Application.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the Company.
Accessing or trying to access any account other than Your Account.

Modification of the User Agreement

The Company may at any time modify the terms and conditions of the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on the Application address [Mention Application Name].You should regularly review the terms and conditions of the User Agreement on the Application. In the event the modified terms and conditions of the User Agreement are not acceptable to you, you should discontinue using the Service and any other services offered on and/or through the Application. However, if you continue to use the Service, you shall be deemed to have agreed to accept and abide by the modified terms and conditions of the User Agreement.

Governing Law and Jurisdiction

The User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore, India shall have sole and exclusive jurisdiction in any proceedings arising out of the User Agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of the User Agreement, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three (3): one each nominated by you and the Company and the third arbitrator chosen by the two (2) arbitrators so nominated. The above arbitration shall be conducted in English and the arbitration shall be held in Bangalore, India.

Copyright & Trademark

You agree and confirm that:

Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented on the Application (including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“IP”) is owned by or licensed to the Company and/or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights.
You shall not display, print or download extracts from the Application, whether for your personal or non-personal use, and you shall not commercialise any IP in any way.
You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Application.
Unless with our prior permission, no part of the Application shall be reproduced or transmitted to or stored in any other Application, nor shall any of its pages or part thereof be disseminated in any electronic or non electronic form.
Nothing on the Application or your use of the Service shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Services.
References on the Application to any names, marks, services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information or service. The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party Applications, you do so entirely at your own risk.

Objectionable Material

You agree to use the Application and the Service at your sole risk and that to the fullest extent permitted under applicable law, the Company shall have no liability to you for the Service that may be deemed offensive, indecent, or objectionable to you.

Indemnity

By accessing the Application, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the User Agreement.

Termination

In the case of you availing any Service(s) on the App, the User Agreement shall stand terminated upon you having availed the Service(s).

The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service, if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past twelve (12) months. Such termination shall be without any liability to the Company. The Company’s right to any Your Information shall survive any termination of the User Agreement. Any such termination of the User Agreement shall not cancel your obligation to avail the Services already ordered from the Application or affect any liability that may have arisen under the User Agreement.

Consequent to termination, you shall not access to the Application or the Service rendered hereunder unless otherwise agreed or permitted by the Company in writing.

Limitation of Liability and Disclaimers

The Application is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Application. The Application may provide the Services from third parties. While the Company tries to ensure that the Services included on the Application are correct, it cannot accept responsibility if this is not the case. The Company shall not be responsible in any manner whatsoever for any damage, errors or omissions or for the results obtained from the use of such Services or for any technical problems you may experience with the Application. The Company shall not be liable in any form or manner whatsoever for the Service(s) and the intellectual property rights in relation to the Services(s) on the Application. This disclaimer constitutes an essential part of the User Agreement.

To the fullest extent permitted under applicable law, the Company and its Licensors/ Service providers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Application, the Service or the User Agreement. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of the User Agreement be it in tort or contract is limited to the value of the Service(s) purchased by you in the immediately preceding month from when such liability arose.

Application Security

You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any activity being conducted on the Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Application other than the search engine and search agents available from the Company on the Application and other than generally available third party play stores (e.g. Google Play store).

Entire Agreement

If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Order of Priority

If there is any conflict between these Terms and Conditions and the Privacy Policy or the, the provisions of these Terms and Conditions shall prevail. However, where there are additional terms and conditions specifically provided for a particular Service, such additional terms and conditions shall, unless they conflict with the Terms and Conditions, be deemed to be applicable.

Personal Data

The Privacy Policy and additional provisions in these Terms and Conditions govern the use of your personal data.