Terms & Conditions
The domain name [https://arcspaces.in/] (the “Site”), along with the brand names ARC and its associated logos, trademarks and logos are the sole and absolute property of AB&T Lifestyle Spaces LLP (the “Firm”). The terms and conditions set out below (the “Conditions”) apply to the use of the Site or any product or services in connection with the Site or any application, including the use of information services offered on the Site and are intended to govern the use of the Site between the Firm and the user (“User/You/Your”).
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials or contents, you shall be deemed to have agreed to each and all the Conditions and notices on this Site as amended from time to time. Further, you agree to be bound by these Conditions, and are therefore requested to carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
The Firm reserves the right to change these terms from time to time. By continuing to use the Site after changes are posted you agree to be legally bound by those terms as updated and/or amended.
These Conditions constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
1. Trade Marks
The Site contains the Firm’s trade and service marks and devices, including the word “ARC”; “Arc”, and other valuable trade or service marks owned or applied for by the Firm or licensed to the Firm, to distinguish its services and products (collectively referred to as “Firm Intellectual Property”). The Firm Intellectual Property is protected from copying and simulation under national and international laws and may not be reproduced, copied or used in any other manner whatsoever, on any material, whether tangible or intangible, without the express prior written consent of the Firm. Without limitation, you must not use the Firm Intellectual Property or a variation thereof, either alone or in conjunction or as a combination with any other trade or service marks, logos and devices: in or as the whole or part of your own trade marks; in connection with activities, products or services which are not undertaken or provided by the Firm; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages the Firm or its information, products or services (including this Site).
Trade and service marks and devices not forming a part of the Firm Intellectual Property, but included on the Site (the “Third Party Marks”) shall belong to the respective owners of such Third Party Marks. You acknowledge that the use and display of such Third Party Marks are subject to the rights of the owners of the Third Party Marks.
2. Copyright
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on the Site (“Information”) are either owned exclusively by the Firm or licensed to the Firm and may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of the Firm.
Without limitation, you may not, without such approval from the Firm, create derivative works from any part of the Site or commercialise any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorised use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
3. Site Use
The Site is for Your personal non-commercial use and the Information may be downloaded by you solely for that purpose. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for any use of the Site by You and anyone using your password and login information. This right to use the Information is a limited, non-exclusive, non-transferrable, non-assignable, time-bound, non-sub-licensable, revocable license only, and is subject to the following restrictions: the Information may not be used for any commercial purpose or public display, performance, sale or rental; no copyright or other proprietary notices may be removed; the Information may not be transferred to another person; software may not be interfered with in any manner; every person downloading, reproducing or otherwise using the Information must prevent any unauthorised copying of the Information;
You shall only use the Information for lawful purposes and in accordance with these Conditions;
You shall not frame or utilise framing techniques to enclose any the Firm Intellectual Property;
You shall not use any meta tags or any other hidden text utilising the Site’s, the Firm’s name or trademarks without the express written consent of the Firm.
You shall not make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child- pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically, communally or otherwise objectionable.
You shall not indulge in stalking, intimidating and/or harassing another and/or inciting other to commit violence.
You shall not make, transmit or store electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.
You shall not Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; or Alter or modify any parts of the services being offered by the Firm.
If You are found to be in violation of these Conditions, including specifically in violation of any of the restrictions set out above, the Firm shall have the right to permanently ban your account from further use or access to the Site or the services provided therein.
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, services and Information. You must adhere to all limitations on dissemination, usage and reproduction of any Information that you download from the Site that are subject to such limitations.
You agree to use the Site only to access, utilise, and receive Information in an appropriate manner and purchase services being sold by the Firm on the Site as being accessed or used by You.
If You are required to establish an account / provide information to access the information on the Site or to purchase any services with the use of the Site, you must complete the designated registration process to obtain Information or purchase any products as the case may be. All required registration information that You provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is Your sole responsibility to keep your account number, user name, password and other sensitive information confidential. Information and services provided by third parties (collectively, the “Third-Party Services”) are governed by separate agreements accompanying such Information and services. the Firm offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, the Firm’s Information, the Firm provided services or another Third-Party Service. You agree that you will not hold the Firm responsible or liable with respect to the Third-Party Services.
You agree and acknowledge that the services offered by the Firm through the Site is restricted to certain geographical areas. The Firm shall not be responsible for any loss or damage incurred by you, due to the service not being available in the geographical area that you are situated while accessing the services provided on the Site.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of eighteen (18) years, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Conditions. In the event a minor utilizes the Site, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Firm will not be responsible for any consequence that arises as a result of misuse of any kind of services that may occur by virtue of any person including a minor registering for the services provided. By using the services, You warrant that all the data provided by You is accurate and complete and that student using the Site has obtained the consent of the parent/legal guardian (in case of minors). The Firm reserves the right to terminate Your subscription and / or refuse to provide You with access to the services if it is discovered that You are under the age of eighteen (18) years and the consent to use the products or services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Firm does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of eighteen (18) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Site.
By agreeing to the Conditions and creating an account on the Site, You agree to receive promotional communication and newsletters from the Firm. You can opt out either by unsubscribing through the facility available on the Site or by contacting the Firm.
4. Information
The Firm has taken all reasonable efforts to ensure that the Information provided on the site is accurate and reliable.
You also accept that all of the Information is provided on an “as is” basis and is provided without any warranty, representation or condition of any kind, whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site, including via any Linked Website.
While the Firm seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, the Firm does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for any particular purpose, and specifically disclaims any such representation or warranty.
In particular the Firm does not warrant that: the Information or any other material accessed through the Site, is reliable, accurate or complete;
Your access to Information or any other material accessed through the Site, including via any Linked Website, will be uninterrupted, timely or secure;
the Firm will be liable for any loss (direct or indirect) resulting from any action taken or reliance made by You on the Information or any other material accessed through the Site, including via any Linked Website. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material; the Information on the Site will remain unchanged. The Firm may from time to time update, modify or add to the Information, including these Conditions, and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary, all new Information shall be subject to these Conditions; And the Site will operate continuously or without interruption or be error free. In addition,the Firm may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
5. Liability Disclaimer Exclusion
In no event shall the Firm be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of your use of the Site or any Linked Website.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded. However, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of the Firm under any such warranty, term or condition, then the liability of the Firm shall include liability for that warranty, term or condition, but such liability will be limited to, if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again.
6. Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code, computer program routines or processes or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, the Firm does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Website.
The Firm does not guarantee or warrant that any material available for downloading from the Site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to the Firm is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of the Firm or the Information, or which may detrimentally interfere with or surreptitiously intercept or expropriate any Firm system, data or information.
7. Linked Websites
The Site may contain links to other websites (each a “Linked Website”). These links are provided for convenience only and may not remain current or be maintained.
You acknowledge and agree that the Firm does not have any control over the content or availability of the Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of the Linked Websites.
Links to the Linked Websites should not be construed as an endorsement, approval or recommendation by the Firm of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to, provided or contained on the Linked Websites.
8. User account, Password and Security
The user is entirely responsible for maintaining the confidentiality of the user’s password and account, and for any and all activities which occur under the user’s account or password. The user agrees to immediately notify the Firm of any unauthorised use of the user’s account, password, or any other breach of security known to the user. The Firm will not be liable for any loss that the user may incur as a result of someone else using or accessing the user’s password or account, either with or without the user’s knowledge.
However the user may be held liable for losses incurred by the Firm or any other party as a result of someone else using or accessing the user’s password or account. The user will not use anyone else’s account at any time without the permission of the account holder. The user may change his/her password or profile by following instructions on the Site.
9. Privacy Policy
The Firm will use and protect your data, such as your name and address, in accordance with the Firm Privacy Policy, the contents of which are incorporated by reference into the Conditions. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Information and services or to purchase from the Site. The Privacy Policy does not apply to the Linked Websites.
10. Indemnification
You agree to indemnify, defend and hold the Firm and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of the Conditions, this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. The Firm’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.
11. General
If any provisions of these Conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect. the Firm does not accept any liability for any failure by the Firm to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If there are any inconsistencies between the provisions of these Conditions, the Privacy Policy, the terms of these Conditions shall prevail.
If the Firm waives any rights available to it under these Conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
The section titles in the document are solely used for the convenience of the parties and have no legal or contractual significance.
These terms shall be governed by and interpreted in accordance with the laws of India and you agree to submit to the exclusive jurisdiction of the courts of Bengaluru.
12. Return to Site
To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted these Conditions.
