TERMS AND CONDITIONS
&
PRIVACY
POLICIES
1. CONTRACTUAL
RELATIONSHIP
These Terms of Use ("Terms") govern the access or use by you, an
individual, from within India of applications, websites, content, products, and
services (“Services”) made available by ARRIO CONSULTANCY SERVICES LLP company
established in India, having its registered office Block no. 5, Som Nivas., ITI Colony Road, Opp.
Shiv Sena Office, Vadavali Section, Ambarnath (East),
Dist. Thane, Maharashtra, India, Pin. 421501. (“ACSL”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound
by these Terms, which establishes a contractual relationship between you
(Service Providers, Partners, Customers or Executive Officers), and “ACSL”.
If you do not agree to these Terms, you may not access or use the Services.
These Terms expressly supersede prior written agreements you.
Supplemental terms may apply to certain Services, such as policies for a
particular event, activity or promotion, and such supplemental terms will be
disclosed to you in connection with the applicable Services. Supplemental terms
are in addition to, and shall be deemed a part of, the Terms for the purposes
of the applicable Services. Supplemental terms shall prevail over these Terms
in the event of a conflict with respect to the applicable Services.
The ACSL’s role is limited to the managing Application and associated marketing,
facilitating payment collections, fulfillment, order management, enquiry
management and other incidental services to enable the transactions between the
Partners, Service providers and the Reseller ("Services").
The Agreement is applicable to any person when they install, download or
visit or access any part of the Platform or utilize the Services, such persons
are referred to as users, which include without limitation users who are
browsers, Suppliers, Resellers, merchants, other purchaser or contributors of
content (collectively, "User").
The Agreement between User and ACSL is effective on the date on which the
Application is downloaded/Website is accessed and/or the date on which terms of
Agreement are updated, creating a legally binding arrangement between the User
and the Company.
If the User does not agree with the terms of the Agreement, the User is
advised to refrain from using the Platform. By accessing or using the platform,
the user irrevocably accepts the Agreement and agrees to abide by the same (as
updated from time to time).
ACSL does not permit Users to avail the Services on the Platform without
prior registration. Users may access the Application/Website by registering to
create an account and become a member. The membership is limited for the
purpose of buying or selling products or Services, is subject to this Agreement
and strictly not transferable.
The Services on the Platform
shall be availed by User(s) who can form legally binding contracts under Indian
Contract Act, 1872 and are at least eighteen (18) years of age.
The ACSL reserves the right to terminate the Users account and / or deny
access to the Platform if it is brought to the ACSL’s notice or if it is
discovered that the User does not meet the conditions herein. User(s) accessing
or using the Platform represent and warrant that they have the right to access
or use the Platform
The Users are required to
enter a valid phone number while registering on Platform. By such registration,
User consents to be contacted by Company via phone calls, SMS notifications,
instant messages or other such means of communication inter alia for
subscription/services/promotional updates etc. Users may 'opt-out' of such
subscription/service/promotional updates either through the ‘opt out’ means
provided or by writing to the support team.
It is the responsibility of
the Users to provide correct mobile number so that the ACSL can communicate
with the Users via SMS. The Users understand and agree that if the ACSL sends
an SMS but the Users do not receive it because the Users’ mobile number is
incorrect or out of data or blocked by the User's service provider, or the
Users are otherwise unable to receive SMS, the ACSL shall be deemed to have
provided the communication to the Users effectively.
It is the User’s
responsibility to provide accurate, current and complete information during the
registration process and to update such information to keep it accurate,
current and complete.
The ACSL reserves the right to suspend or terminate the account or access
to Services (or any part thereof) on the Application including blocking any
amounts due to the User and associated account without notice and the Users
will remain liable for all amounts due up to and including the date of termination,
if:
charged an unreasonably high price;
Unreasonable instances of returns and/or cancellations
initiated;
engaged in actions that are fraudulent, negligent or
derogatory to the ACSL’s interests.
failed or is suspected to have failed to comply with any
term or provision of the Agreement or applicable law.
User is found to be non-compliant with the Agreement.
Further,
where the violation of the Agreement gives rise to criminal or civil action,
the ACSL may at its sole discretion pursue such action.
Without
prejudice to the above stated rights of the ACSL, in case of alleged fraud or
other breach of this Agreement by User, ACSL may at its sole discretion (a)
withhold all amounts payable to such User; and (b) impose penalties as the ACSL
may reasonably determine and set off such penalties from the monies payable by
ACSL to such User.
“ACSL” may restrict you from accessing or using the Services, or any part
of them, immediately, without notice, in circumstances where “ACSL” reasonably
suspects that:
You
have, or are likely to, breach these Terms; and/or
You
do not, or are likely not to, qualify, under applicable law or the standards
and policies of “ACSL” and its affiliates, to access and use the Services.
“ACSL” may terminate these Terms or any Services with respect to you, or generally
cease offering or deny access to the Services or any portion thereof:
Immediately,
where “ACSL” reasonably suspects that:
o you
have, or are likely to, materially breach these Terms; and/or
o you
do not, or are likely not to, qualify, under applicable law or the standards
and policies of “ACSL” and its affiliates, to access and use Services; or
On
30 days' written notice to you, where “ACSL”, acting reasonably, terminates
these Terms or any Services for any legitimate business, legal regulatory
reason.
Without limiting its other rights under these Terms, “ACSL” may immediately
restrict or deactivate your access to the Services if you breach the Community
Guidelines at any time.
You may terminate these Terms at any time, for any reason.
“ACSL” may amend the any policies or supplemental terms (including the
Community Guidelines) related to the Services from time to time. “ACSL” will
provide you with at least 30 days' written notice in the event of a material
change to any policies or supplemental terms that detriment all affects your
rights under these Terms. Amendments will be effective upon ARRIO CONSULTANCY
SERVICES’s posting of such amended policies or supplemental terms on the
applicable Service. Your continued access or use of the Services after such
posting, or after the expiry of the notice period (whichever is later),
constitutes your consent to be bound by the Terms, as amended.
If the User does not agree with the terms of the Agreement, the User is
advised to refrain from using the Platform. By accessing or using the platform,
the user irrevocably accepts the Agreement and agrees to abide by the same (as
updated from time to time).
MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
“ACSL” reserves the right, in its sole discretion, to change, modify, or
otherwise amend the Terms, and any other documents incorporated by reference
herein for complying with legal and regulatory framework and for other
legitimate business purposes, at any time, and “ACSL” will p the amended Terms
at the domain of www.arriocs.co.in/terms. It is your responsibility to review
the Terms of Use for any changes and you are encouraged to check the Terms of
Use frequently. Your use of the website
(www.arriocs.co.in) (“Website”) or Applications (as defined below)
(collectively “ARRIO e-Services Platform”) following the date that amendments
to the Terms of Use take effect will signify your assent to and acceptance of
any revise Terms of Use. If you do not agree to abide by these or any future
Terms of Use, please do not use or access the ARRIO e-Services Platform.
Users can review the most current version of the Agreement at any time on
the Website. Company reserves the right to unilaterally update, change or
replace any part of the Agreement by publishing updates or changes on the
Platform and such amended provisions of the Agreement shall be effective
immediately upon being posted on the Platform.
It is the responsibility of the Users to check this page periodically for
changes. The Users’ continued use of or access to the Application following the
posting of any changes constitutes acceptance of those changes.
PRIVACY POLICY
“ACSL” has established a Privacy Policy that explains to users how their
personal information is collected and used.
The Privacy Policy is located at: Privacy Policy. The Privacy Policy
contains information about how users may seek access to and correction of their
personal information held by “ACSL” and how they may make a privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of Use set forth
herein. Your use of this Website and/ or the Applications is governed by the
Privacy Policy.
“ACSL” may disclose users’ personal information to third parties. “ACSL”
may provide to a claims processor or an insurer any necessary information
(including your contact information) if there is a complaint, dispute or
conflict, which may include an accident, involving you and a third pa and such
information or data is necessary to resolve the complaint, dispute or conflict.
“ACSL” may also provide to a law enforcement agency statutory body,
governmental agency and/or investigative agency any necessary information
(including your contact information) if required by law or furtherance of any
investigation involving you and a third party and such information or data is
necessary towards the enquiry/investigation that is being carried out
by the said body and/or agency as the case may be.
THE SERVICES
“ACSL” will provide the Services to you under this Agreement. The Services
constitute the provision of a technology platform that enables you, user of
ARRIO CONSULTANCY SERVICES’s mobile application (each, an
"Application") or Website to: (a) arrange and schedule home-based
services with independent t party providers of those services, who have an
agreement with “ACSL” or its affiliates (“Third Party Providers”); and (b)
facilitate payments to Third Party Providers for the services and receive
receipts for those payments.
The Services are made available solely for your personal, non-commercial
use, unless “ACSL” has agreed with you otherwise in a separate
ACSL, through Platform, is a mere facilitator of the transaction including
between Supplier and User and is not responsible for any non-performance or
breach of any contract entered into towards User Transactions. The ACSL cannot
and does not guarantee that the concerned Suppliers will perform any
transaction concluded on the Platform. The ACSL shall not and is not required
to mediate or resolve any dispute or disagreement between the Users concerned
including with any other third party.
The ACSL does not represent any of User or Supplier, and disclaims any
liability with respect to any error or inconsistency with respect to any
information relating to such Supplier or User displayed on the Platform.
The ACSL does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc.) of any
of its Users. ACSL shall not be liable for any misuse of information shared by
Users with it; or through the Users profile; or with a third party on the
Platform, chat rooms, forums, or comments.
Users acknowledge and agree that the ACSL is not an arbitrator or judge of
disputes concerning intellectual property and it cannot, by any means, verify
that any Supplier or Reseller selling or supplying merchandise on/through the
Platform have the right to sell the products. ACSL encourages Users to assist
it in identifying listings on the Platform, which, according to the Users’
knowledge or belief infringe their rights or third party rights.
ACSL does not at any point of time during any transaction between any
Supplier and a User take possession of any product offered nor does it at any
point gain title to or have any rights or claims over such products. At no time
shall the ACSL hold any right, title or interest over the products nor shall
the ACSL have any obligations or liabilities in respect of such contract
entered into between the Users. ACSL is not responsible for damages or delays
as a result of products which are out of stock, unavailable or back ordered.
License
Subject to your compliance with these Terms, “ACSL” grant you a limited,
non-exclusive, non-sub licensable, revocable, non-transferable license to: (i)
access and use the ARRIO e-Services Platform on your personal device solely in
connection with your use of the Services; and (ii) access and use any content,
information and related materials that may be made available through the
Services, in each case solely for your personal, non-commercial use. Any right
not expressly granted herein is reserved by “ACSL” and ARRIO CONSULTANCY
SERVICES’s authorities.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary
notices from any portion of the Services; (ii) reproduce, modify, prepare
derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted by “ACSL” (iii)
decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the
Services; (v) cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any portion of the
Services or unduly burdening or hindering the operation and/or functionality of
any aspect of the Services; or (vi) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks.
User should not use the Platform to host, display, upload, download,
modify, publish, transmit, update or share any information which:
is
grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, slanderous, criminally inciting
or invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatsoever; 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;
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;
harasses
or advocates harassment of another person;
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;
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;
tries
to gain unauthorized access or exceeds the scope of authorized access to the
Application or to the profiles, blogs, communities, account information, or
other areas of the Application or solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users;
interferes
with another User’s use and enjoyment of the Platform or any third party user’s
enjoyment of similar services;
refers
to any website or URL that, in our sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that
would be prohibited or violates the spirit of these Terms;
violates
any law for the time being in force;
impersonates
another person;
contains
software viruses or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information; and
directly
or indirectly, offers, attempts to offer, trades or attempts to trade in any
item, 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.
When accessing or using the
Platform or availing the Services, the User has to comply and ensure the
following:
Company shall at times and at their sole discretion reserve the right to
disable any user identification code or password if any User has failed to
comply with any of the provisions of this Agreement. Company shall have all the
rights to take necessary action and claim damages that may occur due to User's
involvement/participation in any way either on their own or through group/s of
people, intentionally or unintentionally in hacking.
The accuracy and completeness
of all information displayed on the Platform?
ACSL takes all endeavours to the best of its efforts to keep
information on the Platform accurate. However, the material and content on the
Platform is provided for general information only and should not be relied upon
or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or timely sources of information. Reference to
paragraph 5.2 below, User will agree that a majority of content including
products displayed on Platform are provided by the respective Suppliers, who
shall at all times be responsible for provision of information related to such
products listed by them. Apart from reasonable checks to ensure general hygiene
of Platform, ACSL does not exercise any control over such content or
information.
ACSL undertakes no obligation to update, amend or clarify information in
the Platform, including without limitation, pricing information, except as
required by law. ACSL does not own any responsibility or obligation whatsoever
towards either ensuring the accuracy of the information provided by the Users.
Any reliance on the material on Platform is at the Users’ own risk.
Platform may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. The ACSL reserves the right to modify the contents of Platform at any
time, but has no obligation to update any information on Platform. User is
solely responsible to monitor changes to the information on Platform. No
specified update or refresh date applied to Platform, should be taken to
indicate that all information on Platform or pertaining to the Services have
been modified or updated.
Occasionally there may be information on Platform that contains
typographical errors, inaccuracies or omissions that may relate to information
pertaining to the products, pricing, promotions, offers, shipping charges,
transit times and availability. ACSL reserves the right to correct any errors,
inaccuracies or omissions, and to change or update information if any
information on Platform is inaccurate at any time without prior notice.
The Information is provided 'as is' with no guarantee of completeness,
accuracy, timeliness or of the results obtained from the use of the
Information, and without warranty of any kind, express or implied, including,
but not limited to warranties of performance, merchantability and fitness for a
particular purpose. Nothing contained in this Agreement shall to any extent
substitute for the independent investigations and the sound technical and
business judgment of User.
Information related to
products on Platform provided by the ACSL?
a. Not all information on the
Platform is provided by ACSL. From time to time, Users who are Suppliers
provide information relating to the products proposed to be sold by them and
are hence responsible for the same. In this connection, Suppliers undertake
that all such information shall be accurate in all respects. Suppliers are
discouraged from and should not exaggerate or overemphasize the attributes of
such products so as to mislead Users in any manner.
b. ACSL reserves the right, but
has no obligation, to monitor the materials posted on Platform. ACSL, however,
has 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 of
these Terms. In no event shall ACSL assume 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 Platform.
c. Suppliers take sole
responsibility for the correctness of the details pertaining to specifics (such
as quality, value, salability, etc.) of the products proposed to be sold
or offered to be sold or purchased on Platform. ACSL does not implicitly or
explicitly support or endorse the sale or purchase of any products nor provide
any warrantee/guarantee of the products sold to Users, and in no event shall
such products be the responsibility of ACSL. ACSL does not represent or warrant
that the information available on Platform will be correct, accurate or
otherwise reliable.
d. ACSL is not responsible for any
inaccuracy, incompleteness or outdated information made available on the
Application, either provided by any User including Suppliers.
Provision of the Services
You acknowledge that portions of the Services may be made available under
ACSL’s various brands or request options. You also acknowledge that the
Services may be made available under such brands or request options by or in
connection with: (i) certain of ACSL’s subsidiaries and affiliates; or (ii) independent
Third Party Providers.
LISTING AND SELLING OF
SERVICES OR PRODUCTS
Services Providers / Partners or Resellers, in addition to this Agreement
are also bound by applicable laws of India, including without limitation, the
following laws:
The Legal
Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011
(Packaging Rules);
Drugs and
Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);
Food
Safety and standard Act, 2006, Food Safety and Standard (Packaging and labeling)
Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food
Product Standard and Food Addictive) Regulation, 2011 (FSS Standard
Regulations) and Food Safety and Standard (food or Health
Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional
Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
As per above mentioned statutes and regulations and any other relevant law
in place during the tenure of this association, Company understands that there is
an obligation on Supplier to ensure that the package in which the products are
sold complies with labelling and packing requirements and other laws
that may be prescribed in this regard. Hence, it shall be the sole
responsibility of Supplier to comply with applicable laws and the Company shall
not be held responsible in any manner. Suppliers shall indemnify Company and
Platform for any harm or loss in relation to contravention of above regulations
or other applicable laws.
When can the Service providers
/ Partners or Resellers get their Services or Products listed
Suppliers are permitted to list products for sale on the Application /
Website in accordance with the terms mentioned in this Agreement and other
contract entered into with Company for the said purpose, wherein other rights
and obligations of the parties are defined in detail.
By listing Services or Products on the Platform, the Service providers /
Partners / Resellers represent and warrant that they are legally capable to
sell or list the products on Platform; and the listed items do not infringe
upon the intellectual property, trade secret or other proprietary rights or
rights of publicity or privacy rights of any third party. Suppliers and Users
agree that the Company is not responsible for the breach of the same.
Third Party Services and Content
The Services may be made available or accessed in connection with third
party services and content (including advertising) that “ACSL” does control.
You acknowledge that different terms of use and privacy policies may apply to
your use of such third party services and content. “ACSL” does not endorse such
third party services and content and in no event shall “ACSL” be responsible or
liable for any products or services of such third party providers.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry
Limited and/or their applicable international subsidiaries and affiliates will
be third-party beneficiaries to this contract if you access the Services using
Applications developed for Apple iOS, Android, Microsoft Windows, or
Blackberry-powered mobile devices, respectively. These third party
beneficiaries are not parties to this contract and are not responsible for the
provision or support of the Services in any manner. Your access to the Services
using these devices is subject to terms set forth in the applicable third party
beneficiary’s terms of service.
ACSL collects various types of information, some information is
non-personal information and some is personal information.
All information about Users that are collected, stored or transmitted in
any way on Platform is processed for facilitating various operations on
Platform, including registration, order placement, listing, or payments.
For a more comprehensive understanding, Users are encouraged to view the
Platform’s Privacy Policy available on the Platform.
The ACSL may not provide User with access to third-party tools over the
Platform which ACSL monitors nor has any neither control nor input. User
acknowledges and agrees that access to such tools is on an 'as is' and 'as
available' basis, without any warranties, representations or conditions of any
kind and without any endorsement by ACSL. ACSL shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by the User of the optional tools offered through the
Application/Platform is entirely at its own risk and discretion and it is the
responsibility of User that it ensures that it is familiar with and approves
the terms on which such tools are provided by the relevant third-party
provider(s).
The ACSL may from time to time, offer new features through Platform which
may include the use new third-party tools and resources. Such new features
shall also be subject to this Agreement. Complaints, claims, concerns, or
questions regarding third-party tools or third party websites should be
directed to the third-party.
Certain content or products available via the Platform may include
materials from third-parties. Third-party links on the Application/Platform may
direct User to third-party websites that are not affiliated with the ACSL. The
ACSL is not responsible for examining or evaluating the content or accuracy and
does not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties.
ACSL is not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made in
connection with any third-party websites regardless of the existence of any
third party link on Platform. Please review carefully such third-party’s
policies and practices and make sure to understand them before engaging in any
transactions.
Ownership
The Services and all rights therein are and shall remain ACSL’s property or
the property of ACSL’s licensors. Neither these Terms no your use of the
Services convey or grant to you any rights: (i) in or related to the Services
except for the limited license granted above; or (ii) to use or reference in
any manner ACSL’s company names, logos, product and service names, trademarks
or services marks or those of ACSL licensors.
INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT
Users may not
use any trademark, service mark or logo of any independent third parties
without prior written approval from such parties.
"ACSL"
and related icons and logos whether registered or unregistered are the
trademarks of the Company and are protected under applicable copyright,
trademark and other proprietary and intellectual property laws. Users’
unauthorized adoption copying, modification, use or publication of these marks
is strictly prohibited.
Users must
not modify the paper or digital copies of any materials printed or downloaded
in any way, and they must not use any illustrations, photographs, video or
audio sequences or any graphics separately from any accompanying text.
Users must
not use any part of the materials on Platform for commercial purposes without
obtaining a license to do so from Company. All rights, not otherwise
claimed under this Agreement by Company are hereby reserved.
User
understands that Platform and software embodied within Platform may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by Company or other parties
that facilitate the same. User agrees that it will not attempt to override, disable,
circumvent or otherwise interfere with any such security components and usage
rules embedded in the Platform.
The ACSL deal’s with IP
infringement
Any
trademark, word mark or intellectual property of any User(s) or Supplier(s)
belongs to such User(s)/Supplier(s) alone, and ACSL have no right or claim over
the same.
ACSL reserves
the right in its sole discretion to remove any material/content/photos/offers
displayed on the Platform which in ACSL’s reasonable belief is unlawful or
could subject ACSL to liability or is in violation of this Agreement or is
otherwise found inappropriate in the ACSL’s opinion. ACSL reserves the right to
cooperate with any investigation in this regard.
ACSL reserves
the right to suspend or terminate the account of a User as deemed appropriate
by it. Users agree that the ACSL shall have no liability to any Users,
including liability in respect of consequential or any other damages, in the
event ACSL takes any of the actions pursuant to allegations of IP infringement.
Users
acknowledge and agree that ACSL is not an arbitrator or judge of disputes
concerning intellectual property and it cannot, by any means, verify that any
Supplier selling or supplying merchandise on the Platform have the right to
sell the products. ACSL encourages Users to assist it in identifying listings
on the Platform, which, according to Users’ knowledge or belief infringe their
rights or third party rights.
The delisting
of product from Platform is to safeguard ACSL’s interest, by taking down a
listing, ACSL does not and cannot be deemed to be endorsing a claim of
infringement and further in those instances in which ACSL declines to take down
a listing, ACSL does not and cannot be deemed to be endorsing that the listing
is not infringing of third party rights or endorsing any sale or supply of
merchandise or services pursuant to or on account of such listing.
We request
you to review the Intellectual Property Policy available on the Application for
more information.
3. YOUR USE OF THE SERVICES
User Account
In order to use most aspects of the Services, you must register for and
maintain an active personal user Services account ("Account"). You
must be at least 18 years of age, or the age of legal majority in your
jurisdiction (if different than 18), to obtain an Account, unless a specific
Service permits otherwise.
Account registration requires you to submit to “ACSL” certain personal
information, such as your name, address, mobile phone number and age as well as
at least one valid payment method (either a credit card or accepted payment
partner). You agree to maintain accurate, complete, and up-to date information
in your Account. Your failure to maintain accurate, complete, and up-to-date
Account information, including having an invalid or expired payment
method on file, may result in your inability to access or use the Services. You
are responsible for all activity that occurs under your Account, and you agree
to maintain the security and secrecy of your Account username and password at
all times. Unless otherwise permitted by “ACSL” in writing, you may only
possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You
may not authorize third parties to use your Account, and you may not allow
person under the age of 18 to receive services from Third Party Providers
unless they are accompanied by you. You may not assign or otherwise transfer
your Account to any other person or entity. You agree to comply with all
applicable laws when accessing or using the Services, and you may only access
or us the Services for lawful purposes. You will not, in your use of the
Services, cause nuisance, annoyance, inconvenience, or property damage, whether
to the Third Party Provider or any other party. In certain instances you may be
asked to provide proof of identity or other method of identity verification to
account or use the Services, and you agree that you may be denied access to or
use of the Services if you refuse to provide proof of identity or other method
of identity verification.
No Discrimination
“ACSL” prohibits discrimination against Third Party Providers based on
race, religion, caste, national origin, disability, sexual orientation, sex,
marital status, gender identity, age or any other characteristic that may be
protected under applicable law. Such discrimination includes, but is not limit
to, any refusal to accept services based on any of these characteristics. If it
is found that you have violated this prohibition you will lose access to the
ARRIO e-Services platform. Applicable laws in certain jurisdictions may require
and/or allow the provision of services by and for the benefit of a specific
category of persons. In such jurisdictions, services provided in compliance
with these laws and the relevant applicable terms are permissible.
Text Messaging
By creating an Account, you agree that the Services may send you text (SMS)
messages as part of the normal business operation of your use of the Service
You may opt-out of receiving text (SMS) messages from “ACSL” at any time by
informing “ACSL” of your decision to stop receiving summary text (SMS)
messages. You acknowledge that opting out of receiving text (SMS) messages may
impact your use of the Services.
Promotional Codes
“ACSL” may, in ACSL’s sole discretion, create promotional codes that may be
redeemed for Account credit, or other features or benefits related to the
Services and/or a Third Party Provider’s services, subject to any additional
terms that “ACSL” establishes on a per promotional code basis ("Promo
Codes"). You agree that Promo Codes: (i) must be used for the intended
audience and purpose, and in a lawful manner may not be duplicated, sold or
transferred in any manner, or made available to the general public (whether
posted to a public form or otherwise), unless expressly permitted by ACSL;
(iii) may be disabled by “ACSL” at any time for any reason without liability to
ACSL; (iv) many only be used pursuant to the specific terms that “ACSL”
establishes for such Promo Code; (v) are not valid for cash; and (vi) may
expire prior to your use. “ACSL” reserves the right to withhold or deduct
credits or other features or benefits obtained through the use of Promo Codes
by you
“ACSL” may, in ACSL’s sole discretion, permit you from time to time
to submit, upload, publish or otherwise make available to “ACSL” through the
Services textual, audio, and/or visual content and information, including
commentary and feedback related to the Services, initiation of support
requests, and submission of entries for competitions and promotions ("User
Content"). Any User Content provided by you remains your property.
However, by providing User Content to ACSL, you grant “ACSL” a worldwide,
perpetual, irrevocable, transferable, royalty- license, with the right to
sublicense, to use, copy, modify, create derivative works of, distribute,
publicly display, publicly perform, and otherwise exploit in any manner such
User Content in all formats and distribution channels now known or hereafter
devised (including in connection with the Services and ACSL’s business and on
third-party sites and services), without further notice to or consent from you,
and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive
owner of all User Content or you have all rights, licenses, consents and
releases necessary to grant “ACSL” the license to the User Content as set forth
above; and (ii) neither the User Content nor your submission, uploading,
publishing or otherwise making available of such User Content nor ACSL’s use of
the User Content as permitted herein will infringe, misappropriate or violate a
third party’s intellectual property or proprietary rights, or rights of
publicity or privacy, or result in the violation of any applicable law or
regulation; and (iii) you are not providing feedback for services performed by
you in your capacity as a service provider on the platform.
You agree to not provide User Content that is defamatory, grossly harmful,
blasphemous, pedophilic, invasive of another’s privacy, ethnically
objectionable, disparaging, relating or encouraging money laundering of
gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful,
or otherwise offensive, as determined by “ACSL” in its sole discretion, whether
or not such material may be protected by law. “ACSL” ma but shall not be
obligated to, review, monitor, or remove User Content, at ACSL’s sole
discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use
the Services. Your mobile network’s data and messaging rates and fees may apply
if you access or use the Services from a wireless-enabled device and you shall
be responsible for such rates and fees. You are responsible for acquire and
updating compatible hardware or devices necessary to access and use the Services
and ARRIO e-Services Platform and any updates thereto. “ACSL” do not guarantee
that the Services, or any portion thereof, will function on any particular
hardware or devices. In addition, the Services may be subject to malfunctions
and delays inherent in the use of the Internet and electronic communications.
ACSL endeavors to make the Application available 24X7. However, the ACSL
does not represent that access to the Application will be uninterrupted,
timely, error free, free of viruses or other harmful components or that such
defects will be corrected.
Users understand and acknowledge that the use of Application requires
internet connectivity and telecommunication links. Users shall bear the costs
incurred to access and use the Application and avail Services, and ACSL shall
not, under any circumstances whatsoever, be responsible or liable for such
costs.
ACSL does not warrant that Application will be compatible with all hardware
and software which is used by Users.
Application may be under constant upgrades, and some functions and features
may not be fully operational. Application is provided on an 'as is' and 'as
available' basis. ACSL expressly disclaims all warranties of any kind, whether
express or implied with respect to the records and other data that is made
available by it to Users.
Users shall be solely responsible for damages to their data system or for
loss of data arising from download of content from Application. No guidance or
information, written or oral, obtained from ACSL or via Platform, shall
constitute any warranty, unless stated otherwise.
4. PAYMENT
You understand that use of the Services may result in charges to you for
the services you receive from a Third Party Provider ("Charges").
After you have received services obtained through your use of the Service,
“ACSL” will facilitate your payment of the applicable Charges on behalf of the
Third Party Provider as such Third Party Provider’s limited payment collection
agent. Payment of the Charges in such manner shall be considered the same as
payment made directly by you to the Third Party Provider.
“ACSL” shall charge you a convenience fee (“Fee”) for the Services provided
by “ACSL” to you. The Fee may be charged from you at the time of booking of
services on the platform or upon the completion of service. Such Charges and
Fee will be inclusive of applicable taxes where required by law. Charges and
Fee paid by you are final and non-refundable, unless otherwise determined by
“ACSL” or required by the relevant Consumer Law legislation. Under the relevant
Consumer Law legislation, you may entitle to a refund for a major failure of
the Services, or other remedies for a minor failure. You retain the right to
request lower Charges or Fee from a Third Party Provider for services received
by you from such Third Party Provider at the time you receive such services.
“ACSL” will respond accordingly any request from a Third Party Provider to
modify the Charges for a particular service.
All Charges and Fee are due immediately and payment will be facilitated by
“ACSL” using the preferred payment method designated in your Account, after
which “ACSL” will send you a receipt by email. If your primary Account payment
method is determined to be expired, invalid or otherwise not able to be
charged, you agree that “ACSL” may, as the Third Party Provider’s limited
payment collection agent, use a secondary payment method in your Account, if
available.
As between you and ACSL, “ACSL” reserves the right to establish, remove
and/or revise Charges for any or all services obtainable through the use of the
Services at any time in ACSL’s sole discretion. Further, you acknowledge and
agree that Charges and Fees applicable i certain geographical areas may
increase substantially during times of high demand. “ACSL” will use reasonable
efforts to inform you of Charges and Fees that may apply, provided that you
will be responsible for Charges and Fees incurred under your Account regardless
of your awareness of such Charges, Fees or the amounts thereof. “ACSL” may from
time to time provide certain users with promotional offers and discounts that
may res in different amounts charged for the same or similar services obtained
through the use of the Services, and you agree that such promotional offers and
discounts, unless also made available to you, shall have no bearing on your use
of the Services or the Charges applied to you. You may elect to cancel you request
for services from a Third Party Provider at any time prior to such Third Party
Provider’s arrival, in which case you may be charged a cancellation fees
Additionally, the applicable taxes (whether direct or indirect) that are liable
to be charged/ deducted on cancellation fee will charged to you by ACSL.
The Users acknowledge and agree that the ACSL may, at the request of the
Service providers / Partners or the Resellers, act as the payment agent for the
limited purpose of accepting payments on behalf of such Service providers /
Partners and Resellers. The Users understand, accept and agree that the payment
facility provided by the ACSL is neither a banking nor financial service but is
merely a facilitator providing a third party payment processor for the
transactions on the Application. Further, by providing payment facility, the
ACSL is neither acting as a trustee nor acting in a fiduciary capacity with
respect to the transaction or the transaction price. The ACSL will not be
liable for any charges made by the Users bank in relation to payment of the
total amount.
In connection with any order, information such as name, billing address and
credit card information may need to be provided either to the ACSL or the third
party payment processor. If the Users are directed to the third party payment
processor, they may be subject to terms and conditions governing use of that
third party’s service and that third party’s personal information collection
practices. Users are requested to review such terms and conditions and privacy
policy before using the Application. In case of Reseller providing billing
information, delivery address or other contact information of its end
user/consumer to ACSL or other delivery service provider, Reseller shall ensure
that it has necessary consents and approvals from the respective end
user/consumer as may be required under applicable law.
ACSL merely collects the payment on behalf of the Service providers /
Partners or Reseller, as the case may be. All applicable taxes and levies, the
rates thereof and the manner of applicability of such taxes are to be charged
and determined by the Supplier or Reseller. ACSL holds no responsibility for
the legal correctness/validity of the levy of such taxes. The sole liability
with respect to any legal issue arising on the taxes payable shall be with the
Reseller.
The transaction is bilateral between Service providers / Partners /
Reseller & Users & end users/consumers ("User Transactions"),
the ACSL is not liable to charge or deposit any taxes applicable on such
transaction.
Services on Platform may require payment of charges, rate of which shall be
solely at the discretion of the ACSL and shall be subject to User approval at
the time of placing an order on the Platform. ACSL reserves the right to revise
charges towards Service at any time at its sole discretion. The charge,
applicable at any given time, will be the charge displayed at the time of
purchase/booking of the respective Service (if any) by User on the Platform.
ACSL reserves the right to introduce additional chargeable services on the
Platform including charges for a premium return service, cancellation charges,
cash on delivery handling fees etc.
ACSL is not obligated towards any direct or indirect tax obligation of the
User that may arise as a result of User's access or use of Services on the
Platform. The requirement for registration and compliances under the GST Laws
and other tax laws is the sole responsibility of the User including Service
providers, Partners or Resellers, the ACSL is not liable for any omissions or
commissions by such User who acts in violation of the any applicable law.
Accordingly, User is advised to seek independent tax advice relating to its
business and/or transaction through Platform including whether it is liable for
GST registration.
Further, “ACSL” may from time to time offer subscription packages to you,
wherein, in exchange for monetary consideration, additional benefits such as
discounted services from Third Party Providers will be made available to you.
The said benefits will only be available for a limited period as may be agreed
with you in advance.
This payment structure is intended to fully compensate the Third Party
Provider for the services provided. “ACSL” does not designate any portion of
your payment as a tip or gratuity to the Third Party Provider. Any
representation by “ACSL” (on ACSL’s website, in the Application, in ACSL’s
marketing materials) to the effect that tipping is "voluntary," “not
required,” and/or “included” in the payments you make for services provided is
not intended to suggest that “ACSL” provides any additional amounts, beyond
those described above, to the Third Party Provider. Y understand and agree
that, while you are free to provide additional payment as a gratuity to any
Third Party Provider who provides you with services obtained through the
Service, you are under no obligation to do so. Gratuities are voluntary. After
you have received services through the Service, you will have the
opportunity to rate your experience and leave additional feedback about your
Third Party Provider.
It is clarified that the Charges and Fees (respectively) shall be made only
for the services provided by the Third Party Provider to you and for the
Services provided by “ACSL” to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. LIMITATION SUBJECT TO
LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY
OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE
LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
DISCLAIMER.
EXCEPT AS REQUIRED OF “ACSL” UNDER THE CONSUMER GUARANTEES, THE SERVICES
ARE PROVIDED "AS IS" AND “AS AVAILABLE.” “ACSL” DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY
SET OUT IN THESE TERMS, INCLUDIN ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES
UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY.
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, ACSL'S LIABILITY FOR A
FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF
SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE
SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF
RESUPPLYING THE SERVICES.
ACSL'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF
THIS AGREEMENT THAT IS NOT A BREACH OF A
CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: “ACSL” SHALL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLAR PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE
RELATED TO, IN CONNECTI WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE
SERVICES, EVEN IF “ACSL” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAG
“ACSL” SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE
THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD
PARTY PROVIDER, EVEN I “ACSL” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. “ACSL” SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND ACSL’S REASONABLE CONTROL. IN NO
EVENT SHALL ACSL’S TOTAL LIABILI TO YOU IN CONNECTION WITH THE SERVICES FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES THEN THOUSAND (INR 10,000).
ACSL’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE HOME-BASED
SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGR THAT “ACSL” HAS NO
RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED
TO YOU BY THIRD PARTYPROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE
TERMS.
“ACSL” WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE
THIS FRAMEWORK ON BEHALF OF THIRD PARTY PROVIDERS, IN A REASONABLE WAY AND IN
ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW
LEGISLATION
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, “ACSL” WILL NOT BE
DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELA OR FAILURES IN PERFORMANCE
RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF ACSL. SUCH ACTS SHALL
INCLUDE BUT N BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS,
PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL
DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER
APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE
RELEVANT CONSUMER LAW LEGISLATION.
Indemnity
You agree to indemnify and hold “ACSL” and its affiliates and their
officers, directors, employees and agents harmless from any and all claims,
demands, losses, liabilities, and expenses (including attorneys’ fees) arising
out of or in connection with: (i) your use of the Services or services or goods
obtained through your use of the services; (ii) your breach or violation of any
of these Terms; (iii) ACSL’s use of your User Content; or (iv) your violation
of the rights of any third party, including Third Party Providers
("Losses").
Your liability under this clause shall be reduced proportionately if, and
to the extent that, “ACSL” directly caused or contributed to any such Lo
6. GOVERNING LAW; ARBITRATION.
There are a number of mechanisms available to you to resolve any dispute,
conflict, claim or controversy arising out of or broadly in connection with or
relating to the Services or these Terms, including those relating to its
validity, its construction or its enforceability or with the services provided
by a Third Party Provider (any "Dispute"). “ACSL” or its affiliates
operate a complaints process to allow you to make complaints about “ACSL” o
Third Party Providers, and “ACSL” or its affiliates also manage refunds to you
in relation to those complaints. “ACSL” or its affiliates with operate this
complaints process in a reasonable manner. You agree and acknowledge that you
must raise any Dispute with the Services or the services provided by a Third
Party Provider as soon as is practicable, but no later than 48 hours from the
time the Dispute arises. If you fail to raise a Dispute within hours from the
initial occurrence of such Dispute, “ACSL” shall be under no obligation to
resolve such Dispute. If a Dispute is reported more than hours after the
initial occurrence of the Dispute “ACSL” shall in its sole discretion choose
whether or not to attempt resolution of the Dispute.
In addition, you may have rights to make a complaint to fair trading or
consumer law bodies in relation to applicable consumer laws, including the non-
excludable portions of the relevant Consumer Law legislation.
Except as otherwise set forth in these Terms, these Terms shall be
exclusively governed by and construed in accordance with the laws of India,
excluding rules on conflicts of laws. The Vienna Convention on the
International Sale of Goods of 1980 (CISG) shall not apply. In the event of a
Dispute, either party may file an action in the courts of India or pursue final
or binding arbitration or other alternative dispute resolution as agreed upon
by the parties. If any party elects to pursue final and binding arbitration,
the venue of the arbitration shall be Maharashtra, India.
Any proceedings, including documents and briefs submitted by the parties,
correspondence from a mediator, and correspondence, order and awards
issued by an arbitrator, shall remain strictly confidential and shall not
be disclosed to any third party without the express written consent from the
other party unless: (i) the disclosure to the third party is reasonably
required in the context of conducting the mediation or arbitration proceedings;
and (ii) the third party agrees unconditionally in writing to be
bound by the confidentiality obligation set out in these Terms.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to ajayr@arriocs.com.
Compliance Officer.
For the purposes of Consumer Protection Act, 2019 and rules and regulations
thereunder, the grievance officer of “ACSL” shall be: Mr. Ajay Ramachandran
ARRIO Consultancy Services LLP
Block no. 5, Som Nivas., ITI
Colony Road, Opp.
Shiv Sena Office, Vadavali Section, Ambarnath (East), Dist.
Thane, Maharashtra, India, Pin. 421501. Timings: 10 AM – 5 PM, Monday-Friday, excluding
public holidays.
Notice.
“ACSL” may give notice by means of a general notice on the Services,
electronic mail to your email address in your Account, or by written
communication sent to your address as set forth in your Account. You may give
notice to “ACSL” by written communication to ARRIO CONSULTANCY SERVICES LLP
address at Block no. 5, Som Nivas., ITI
Colony Road, Opp.
Shiv Sena Office, Vadavali Section, Ambarnath (East), Dist.
Thane, Maharashtra, India, Pin. 421501.
General.
You may not assign or transfer these Terms in whole or in part without
ACSL’s prior written approval. You give your approval to ARRIO CONSULTANCY
SERVICES LLP, If any provision of these Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part
thereof shall to that extent be deemed not to form part of these Terms but the
legality, validity and enforceability of the other provisions in these Terms
shall not be affected that event, the parties shall replace the illegal,
invalid or unenforceable provision or part thereof with a provision or part
thereof that is legal, valid and enforceable and that has, to the greatest
extent possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of these Terms. These
Terms, including any incorporated policies, constitute the entire agreement and
understanding of the parties with respect to its subject matter and replaces
and supersedes all prior or contemporaneous agreements or undertakings
regarding such subject matter nothing in this clause limits your rights as a
consumer that cannot be excluded under applicable law, including the relevant
Consumer Law legislation. In these Terms, the words “including” and “include”
mean “including, but not limited to.”
Agreement for PARTNERS (SERVICES PROVIDERS)
SERVICES AGREEMENT
THIS SERVICES AGREEMENT (The “Agreement”) is entered into this
on the day of registration by and between ARRIO Consultancy Services LLP., having its principal place of business at
5, Som Nivas, ITI Colony
Road, Vadavali Section, Ambarnath (East), Thane, Maharashtra,
INDIA. ("Company") and Service Providers
/ Partners / Retailers (“Partner”) having its principal place of business at the address mentioned during registration with
evidence documents for the same.
WHEREAS, the Company desires to contract with Partner to perform accordance with terms of this Agreement;
And
WHEREAS, Partner desires to perform certain services for Customers of ARRIO Consultancy
services LLP, on an independent contractor basis as set forth in this Agreement.
NOW THEREFORE, in consideration of the above Recitals, which are hereby incorporated into the below Agreement, and in consideration of the mutual promises made herein, the receipt and sufficiency of which are hereby
acknowledged, the Company and Partner further agree as follows:
1. Services. Partner agrees to perform the
following services (the “Services”) in a timely,
expeditious and professional manner: Services in accordance
with all applicable provisions of the Partner’s Proposal dated ,
which is attached here to as Exhibit “A” & as mentioned in Website & ARRIO
mobile application under respective Partners and incorporated
herein by this reference. In the
event of any conflicts between the Agreement
and any of the terms of the attached exhibits, the terms of this Agreement
shall prevail.
Partner represents and acknowledges that the Services performed under this Agreement will be done using Partner's own equipment at Partner's own home or place of business, and at hours and times as determined by Partners availibilty. Partner is engaged in providing these types of services for persons or entities other than the Company, and the Partner is not required to provide services exclusively to the Company during the term of this Agreement.
2. Compensation. For satisfactory
performance of the Services hereunder, Company shall
pay Partner for the performance of the
services detailed in this Agreement, INR .
Payment will not be made on a date decided by Company board members. Company
shall have no obligation to make any payments until such time as Company
accepts Partner’s performance as satisfactory. All payments under this contract
shall be to the trade or business name of the Partner. No payments will be
personally made to an individual under this contract.
A. Invoices. The Partner will submit invoices on a
monthly basis, which will describe the Services performed and expenses incurred pursuant to this Agreement. Invoices will be reviewed by purchase
team of Company, who will be submit and Approve for payment. Invoices shall provide detail of Partner’s performance of Services sufficient to the Company’s requirements. Upon request, Partner shall provide documentation of its expenses. Payment of such invoices will be due within twenty-five (25) days of the receipt thereof.
B. Review. The Partner will submit Review report
on a monthly basis, which will describe the Services performed and reviews incurred pursuant to this Agreement. Reviews will be reviewed by Quality
team of Company, who will be submitting the Approval for performance and
business continuity or incremental plans. Reviews
shall provide detail of Partner’s performance of Services sufficient to the Company’s requirements. Upon request, Partner shall provide documentation of its explanations.
C. Fund Availability/Annual
Appropriation. Payment pursuant to this Agreement,
whether in whole or in part, is subject to and contingent upon the continuing availability of Company funds for
purposes hereof. In the event that
said funds, or any part thereof,
become unavailable as determined by the Company, the Company may immediately terminate this Agreement or amend it accordingly.
D. Multi-Year
Contracts. The
obligations of the
Company here under shall not constitute a general obligation indebtedness or multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws.
2. Term. The term of this Agreement shall be from the day the subscription
starts till the expiry of subscription as per invoicing terms. The Agreement may be terminated earlier by final completion of the Services by the Partner and acceptance of the services by the Company or through the termination provisions provided herein.
3. Termination. Partner may terminate this Agreement
at any time by giving the Company
written notice of not less than sixty (60) days. Company may terminate this Agreement at any time in the event that Partner
violates the terms of this Agreement or fails to produce a result that meets the specifications
of this Agreement. In the event
of termination, all payments will be made to
Partner if anything pending with Company up to the date of termination.
4. Relationship. The parties understand and agree that
Partner is an independent Partner and that Partner is not an employee, agent or servant of the Company, nor is Partner entitled to Company employment
benefits. PARTNER UNDERSTANDS AND AGREES THAT
PARTNER IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS AND THAT PARTNER IS OBLIGATED TO PAY
FEDERAL AND STATE INCOME TAX ON
ANY MONEYS EARNED PURSUANT TO THIS CONTRACT. As
an independent Partner, Partners agrees that:
A. Partner does not have the authority
to act for the Company, or to bind the Company in any respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the Company; and
B. Partner has and hereby retains
control of and supervision over the performance of Partner’s obligations hereunder and control over any persons employed or contracted by Partner for performing the Services hereunder; and
C. Company will not provide
training or instruction to Partner or any of its employees regarding the performance of Services hereunder; and
D. Neither Partner, nor its employees or Partners, will receive benefits of any kind from the Company. Partner represents that it is engaged
in providing similar services to the general public and not required to work exclusively for the Company; and
E. All Services are to be performed solely at the risk of the Partner and Partner shall take all precautions necessary for the proper performance thereof; and
F. Partner will not combine its
business operations in any way with the Company’s business operations and each party shall maintain their
operations as separate and distinct.
5. Change in the Work. Company may order changes in the work and services detailed in this Agreement, consisting of additions,
deletions, or modifications. All changes shall be authorized
by a written Change Order designating the work to be added, changed, or deleted, the increase
or decrease in costs, and any change in time for completion of the project. Partner and Company, or their duly authorized agents, shall sign the Change Order.
Unless
otherwise agreed, the cost of changes to the Company for a change in work
shall be determined by mutual agreement and paid according to the terms hereunder or by the terms of the Change
Order. However,
Company shall have the authority to order minor changes in the work not involving an adjustment in the contract
sum or an extension of the contract time, and not inconsistent with the intent of the contract documents.
6. Partner Responsibilities. In addition to all other obligations contained herein, Partner agrees:
A. Scope of Services. The Partner
is to provide the Company with the following services (the “Services”):
● [Describe the
services]
● [Describe additional
rights and responsibilities of both parties]
● [Describe the
timeline, if any, including a “time is of the essence” clause]
B. To furnish all tools, labor
and supplies in such quantities and of the proper quality to professionally and timely perform the Services; and
C. To proceed with diligence and promptness and hereby warrants that such Services shall be performed in accordance with the highest professional
workmanship and service standards in the field to the satisfaction of the Company; and
D. To comply, at its own expense,
with the provisions of all state, local and federal laws, regulations, ordinances, requirements and codes which are applicable to the performance of the Services hereunder or to Partner as employer.
7. Work
Quality. The Partner
warrants to the Company that all services provided will be of good quality, in conformance with the highest
standards of the profession and in conformance with this Agreement.
Guidelines to maintain for Qualities in Customer
Service
The quality of customer service you provide can
make or break your business. Great customer service keeps current customers
happy, elevates your brand, and attracts new business. Missing the mark with
your customer service can lead to unsatisfied customers, lost business, and a
bad reputation that travels quickly by word of mouth and online reviews. So
Need to follow below guidelines to maintain the quality of services with Review
from Customers
Offer
excellent quality products and services.
Give
customers multiple ways to get help
Check
for comments and feedback.
Respond
promptly to all feedback
be
courteous and respectful.
remain
calm and never argue with a customer
be
quick with an apology
Keep
your promises
Go
the extra mile
8. Work Product. Any data, reports, drawings documents or other things or information provided by the Company to the Partner during the performance of services under this Agreement and any
reports, drawings or other
writings required under the services of this Agreement shall be and remain the
sole property of the Company at all times. The
Partner shall return or
provide to the Company such documents, etc. by the completion date and before
full payment of the compensation herein.
9. Notice. Any notice to be given hereunder by party to the other, shall be in writing and shall be deemed given when sent by certified mail.
A. Notices to the Company shall be addressed to:
ARRIO Consultancy services LLP
B. Notices to the Partner shall be addressed to:
Name
& Address mentioned during online subscription process
If either party changes its address during the term herein, it shall so advise the other party in writing as herein provided and any notice thereafter provided to be given shall thereafter be sent by certified mail to such new address.
10. Third Parties. This Agreement does not and shall not be deemed to confer upon any third party any right to claim damages to bring suit, or other proceeding against either the Company or Partner because of any term contained in this Agreement.
11. Proprietary
Information. All work performed under this Agreement (“Work Product”),
including without limitation all notes, reports, documentation, drawings,
computer programs, inventions, creations, works, devices, models, work-in-progress
and deliverables will be the sole property of the Partner, and company hereby
assigns to the Partner all right, title and interest therein, including but not
limited to all audiovisual, literary, moral rights and other copyrights, patent
rights, trade secret rights and other proprietary rights therein. Company
retains no right to use the Work Product and agree not to challenge the
validity of the Partner’s ownership in the Work Product.
12. Assignment.
This Agreement is for personal services predicated upon Partner's special abilities or knowledge, and
Partner shall not assign this Agreement in whole or in part without prior written consent of the Company.
13. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement.
14. Modification. This Agreement may be modified or
amended only by a duly authorized written instrument executed by the parties hereto.
15. Severability. If any
of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement,
but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of the party shall be construed and enforced accordingly, to effectuate the essential intent and purposes of this Agreement.
16. Enforcement
and Waiver. The failure of
either party in any one or more instances to
insist upon strict performance of any of the terms and provisions of this
Agreement, shall not be construed
as a waiver of the right to assert any such terms and provisions on any future occasion or of damages caused thereby.
17. Nonexclusive
Nature. This Agreement does
not grant Partner an exclusive privilege or right to supply services to the Company. Company makes no representations or warranties as to a minimum or maximum procurement of Services hereunder.
18. Interpretation. The validity, interpretation and
effect of this Agreement shall be determined
under Indian law. All actions
arising directly or indirectly as a result or in consequence of this Agreement shall be instituted and
litigated only in courts having sites in ACSL, India. Any
provision found to be invalid or unenforceable shall have no effect upon the validity of any other section of this
contract.
19. Effective
Date. The effective date of
this Agreement shall be the date first written above regardless of the date when the Agreement is actually signed by the parties.
20. Governmental
Law. The laws of the State of _____________ [Name of the Governing
Sate] govern all matters arising out of or relating to this Agreement and the
transactions it contemplates, including, without limitation, its
interpretation, construction, validity, performance, and enforcement.
21. Assignment/Delegation. The
Company may not assign any of its rights under this Agreement or delegate any
performance under this Agreement, except with the prior written consent of the
Partner. Any purported assignment of rights or delegation of performance in
violation of this section is void.
22. Entire
Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter of this Agreement and supersedes all
other agreements, whether written or oral, between the parties.
Agreement for EXECUTIVE OFFICERS
EXECUTIVE
OFFICERS AGREEMENT
This ARRIO Executive Officership agreement
is entered into and deemed effective as of [Agreement.
Date of Registration on Website/Mobile application] between
the following entities, collectively known as the “Parties”:
AJAY RAMACHANDRAN, Director of ARRIO CONSULTANCY
SERVICES LLP
and
[Executive Officer.FirstName][Executive Officer.LastName] (Executive Officership Name)
as mentioned during registration with evidence document uploaded.
Appointment and Authority
The Company agrees to appoint this Executive Officer as a representative
for the services and products listed in Company Broacher, Company website &
available in Companies Mobile application. Furthermore, the Executive Officer
is in acceptance of such appointment.
Commission
Commissions due to the Executive Officer shall include all Registration
under their respective Executive Officer code within the territory assigned
regardless if the orders were solicited by the Executive Officer.
All commissions shall be computed based on the Registration and Closed
services orders with Review from customers total invoiced by the Company to the
Customer.
All commission payments shall be made in INR currency and will be subject
to all government laws including taxes and withholdings.
The commission shall be earned upon the customer order date and will be due
within 30 days of the invoices’ creation and product shipment.
Any unpaid dues occurring due to unpaid customer invoices may be charged
back to the Executive Officer with prior notice and allowance for the Executive
Officer to induce payment of said charges. If payment is received the,
Executive Officer will be entitled to the compensations charged back.
A monthly earnings statement will be made available to the Executive
Officer from the Company on the 15th of each month, which will be inclusive of
any and all earnings, withholdings, and charge backs.
The Executive Officer will be allowed to audit and inspect the Company’s
relevant accounts so as to verify all earnings.
This audit will be at the expense of the Executive Officer and shall not
occur more than twice in any given twelve month period.
Sale of Services or Products
The Company shall provide an updated copy of all price lists, delivery
schedules, as well as any terms and conditions related to the products or
services being sold...
All quotes given by the Executive Officer shall reflect the above
documents.
The Executive Officer will have no authority to offer discounts or any
other pricing unless prior written consent has been obtained from the Company.
Additionally, the Company may change pricing, delivery costs, terms and
conditions, or delivery schedules with 30 days prior notice to the Executive
Officer. These changes will not affect any sales accepted prior to the
notification date.
All quotes provided to customers must be submitted with invoicing and sales
documentation for every order.
All orders shall be conducted in writing and submitted no later than 5 days
from the customer’s order date.
All orders are subject to acceptance by the Company. The Executive Officer
will have no authority to make acceptance or delivery promises to customers.
The Company will be responsible for any and all collection attempts but may
request the assistance of the Executive Officer to cure such debts.
Any and all inquiries that occurred outside of the Executive Officer’s
assigned territory shall be submitted to the Company in writing along with all
original documents.
Executive Officer Responsibilities
Within 30 days of this Executive Officer agreement’s effective date, the
Company may assign the Executive Officer with an annual quota considered fair
and reasonable and will consider previous business, the territory’s economic
state, and any additional territory market situations.
The Executive Officer may, at their own expense, deploy advertising or
sponsorship campaigns in the assigned territory.
The Executive Officer may, at its own expense, attend any industry trade
shows as a representative of the Company.
The Executive Officer will be responsible for providing all customer
service necessary or requested by clients prior to final submission of account
documents to the Company.
Any services or products complaints shall be investigated by the Executive
Officer and will be submitted to the Company immediately for their
consideration.
The Executive Officer will be responsible for all costs and expenses
incurred from conducting business within this Executive Officer agreement.
The Executive Officer shall not under any circumstances make any misleading
or false representations regarding the products or Company in this Executive
Officer agreement.
Additional Company Requirements
The Company will provide any and all required training needed for the
Executive Officer as well as the Executive Officership’s personnel periodically
as deemed necessary.
When possible all training should take place at the Executive Officer’s
headquarters.
Any government licenses or approvals needed must be obtained by the
Executive Officer prior to entering into this Executive Officer Agreement.
The Company shall, at their sole expense, provide the Executive Officer
with all marketing and technical information concerning the products.
The Company shall provide delivery based on commitments to the best of its
ability at all times.
Any product developments or enhancements to the product shall be delivered
to the Executive Officer no later than 5 days of the release of such.
Trademarks
During this Executive Officer agreement’s term the Executive Officer shall
have rights to represent the products within the designated territory including
those products under trademark, copyright, or trade name of the Company.
The Executive Officer will under no condition remove or alter any
trademarks listed on the product by the Company.
Confidentiality
The Executive Officer understands they may gain knowledge to certain
information or materials that are of high value to the Company.
Information of high value may not be disclosed to
third parties under any circumstances during the term of this Executive Officer
agreement.
All information marked confidential by the Company
will remain as so unless prior written consent from the Company has been
obtained.
Indemnification
It is and will remain the Company’s sole
responsibility to develop, design, and produce all of its products as well as
all patents and trade names owned by the Company.
The Company agrees to hold the Executive Officer
harmless against as well as pay any and all claims, losses, fees or damages
that may result from the infringement of the Company’s patents, trade names, or
products.
Furthermore, the Company will indemnify the
Executive Officer with regard to any and all costs arising from warranty
claims, product liability claims, or negligence claims.
If the Executive Officer shall receive any notices
with regard to any proceedings occurring from the above instances such notices
shall be delivered to the Company and the Company shall defend any such
litigation.
Term and Termination
Term
This Executive Officer agreement shall remain in
full force for a period of 2 years from the agreement date.
Upon the termination date this agreement shall
remain in effect for an additional 3 year term unless a request for termination
is received by either party.
Termination
This agreement may be terminated under any of the
following conditions:
Failure
to meet quota requirements
Either
parties filing for bankruptcy
Any
breach of the conditions listed that is not cured within 30 days of notice
Upon
either party’s conviction of a crime or action that impacts the performance and
ability to abide by the agreement terms
Notices
Any and all notifications with regard to this
Executive Officer agreement shall be delivered in person or via certified
letter to the following addresses.
[Company.Address]mentioned during registration process
[Client. Address] mentioned during registration process
Assignment
Both parties agree not to transfer this agreement
or any obligations pertaining to this agreement without prior written consent.
Compliance with Law
Both parties agree to comply with all governmental
laws and regulations applicable to [Company. State].
Any legal proceedings regarding to this Executive
Officer agreement will be conducted in the [Company.State] furthermore
both parties agree to seek mediation prior to making any legal actions.
Property Rights
The Executive Officer understands and agrees the
Company is the rightful owner of any and all titles, rights, interest, and
products included in this agreement.
The Executive Officer will be permitted to use the
products in accordance with this agreement and upon termination will relinquish
any rights obtained.
Modification
In the event any modifications or changes or
required to this agreement while in effect, such changes must be submitted in
writing and approved by both parties prior to changes coming into effect.PDF
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Entirety
This agreement and its entire entirety shall
constitute as the entire agreement between the parties. This agreement supersedes
any and all previous agreements whether oral or written between the parties.
Acceptance
By signing below, both parties acknowledge and
agree to all the terms and conditions set forth within this Executive Officer
agreement.