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ARCS TECHNOLOGY

Terms and Conditions

The general terms and conditions of business (referred to as “GTC”) of ARCS Solutions Private Limited, India. In this GTC “we”, “us”, “our” and “ARCS” refer to ARCS Solutions Private Limited, India. Any terms and conditions of the customer that contradict or deviate from these GTC shall not be recognized by ARCS unless ARCS should have explicitly consented to the validity thereof in writing.

The term ‘you’ refers to the user or viewer of the website. Please read these terms and conditions carefully, as they affect your legal rights.

If you continue to browse and use this website, you agree to comply with and are bound by the terms and conditions of use. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users or Viewer or Viewers or Visitor or Visitors means any third party that accesses the Website and is not either employed by ARCS and acting in the course of their employment or engaged as a consultant or otherwise providing services to ARCS and accessing the Website in connection with the provision of such services.

In this Website, including all Materials present (excluding any applicable third-party materials), is belong to ARCS and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide while you use of this Website and to prevent any unauthorized copying of the Materials. ARCS do not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

  • The content of the webpages is for general information and use only. It is subject to change without notice.
  • The viewer confirms automatically by downloading any trial software / product and/or registering any Trial services, that they have read and accepted the GTC.
  • Use of any private information (e.g. your email, phone number) or materials on this website is entirely at viewer’s own risk, for which we shall not be liable. It is responsibility of viewer to ensure that any chosen products, services or information available through this website meet your specific requirements.
  • The website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of any content is prohibited other than in accordance with the copyright notice.
  • All trademarks reproduced on this website, which are not the property of, or licensed to us, are duly acknowledged to respective source.
  • Unauthorized use of this website is strictly prohibited and may give rise to a criminal offence claim for damages.
  • As required, this website may also include links to other websites. These links are provided for your convenience to provide additional information. They do not signify that we endorse the website(s). We have no responsibility for the content of the other linked website(s).
  • Your way of using this website and any dispute arising out of such use is subject to the laws of Region, in which our company is being registered.

This is to inform and clarify that individuals (including but not limited to employees of ARCS and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of ARCS, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity and may not represent official positions of ARCS in any manner. ARCS retain all copyright to these blogs.

You may be permitted to post comments and feedback to these blogs. By doing so, you expressly agree and acknowledge to abide by the following:

  • You shall not defame, abuse, harass or threaten us or any third party, or otherwise violate the legal rights of ARCS or any third party.
  • You shall not contribute any content or take any action that may in any manner adversely affect the reputation of ARCS, or that is otherwise detrimental to ARCS.
  • You shall not in any manner publish or post any inappropriate, defamatory, infringing, obscene, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or information.
  • You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language.
  • You shall not in any manner reveal confidential or proprietary information of any third party. Specifically, you shall not post any material for which You do not have requisite and applicable right(s) under law.
  • You shall not conduct any contests or publish or propagate any forwards.
  • You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity but not limited to the foregoing) of any other party including ARCS.
  • You shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • You shall not upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
  • You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • You shall not advertise or offer to sell or buy any goods or services for any business purpose.
  • You shall not download any file posted that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • You shall not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • You shall not create a false identity for the purpose of misleading others.
  • You shall not in any way deface or vandalize this Website or prevent or restrict others from using this Website.
  • You shall indemnify and hold harmless ARCS from any claims and loss incurred by ARCS as a result of Your violation of these Terms of Use.
  • You acknowledge that ARCS may, at its sole discretion, monitor, remove or edit any content that You contribute. ARCS may also pursue remedies available to it under law for any violation of these terms and conditions.

ARCS do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a "Submission" and collectively "Submissions").

However, by posting, uploading, inputting, providing or submitting ("Posting") Your Submission You are granting ARCS, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all services offered by ARCS), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.

You hereby acknowledge and agree that no compensation shall be paid, or no future commercial consideration has accrued with respect to the use of Your Submission by ARCS, as provided herein. ARCS shall be under no obligation to post or use any Submission You may provide, and ARCS shall remove any Submission at any time at its own sole discretion.

By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

  • Software updates are amendments to software with the aim of resolving a specific problem. Updates are amendments to software by way of which the functionality of the entire system is extended. Updates might also include patches.
  • We make sure that updates are available to the customer but shall not undertake the installation of updates nor offer any support or consulting services. Such services may be procured from ARCS by way of separate agreements. We shall then provide patches for the customer once they are ready for use and have been tested on site. The customer shall have no claim to updates being provided at a moment in time or within a period.
  • ARCS shall provide updates, by which serious errors in the software are rectified, to the best of its endeavors. The customer explicitly recognizes, however, that no specific reaction time and/or no regular intervals for the release of updates or patches can be promised. No claims shall accrue to the customer on the ground of the delayed provision of updates or patches. The customer recognizes that patches and updates may only be tested by ARCS for standard installations. No tests may be performed for side effects that are caused by amendments to software extensions or the manual alteration of configuration files undertaken by way of circumventing those mechanisms provided by the software. The assurance that a patch or an update shall not affect the functionality of software under any circumstances is explicitly not given.
  • ARCS shall make patches and/or updates available to the customer by server storage that may be accessed via the internet.
  • With the creation of an ARCS User Account the customer declares its consent to GTC and Data Protection Policies.
  • The customer, by having ARCS User Login account, shall be given the opportunity of managing all products and services and its private data (managing of orders, amendments to addresses and methods of payment, checking the balance of its account, invoice downloads etc.) and of availing itself of support services offered by ARCS.
  • Use of User Login account necessarily requires the prior registration of the customer. ARCS reserve the right to refuse the registration of a customer should there be objective grounds for doing so. Upon registration the customer gives their consent to these GTC.
  • The customer undertakes the responsibility to provide the necessary details in the context of registration completely and in accordance with the truth. Registration on behalf of a third party is not permitted. ARCS shall be entitled to deny the customer usage of the Login account or to exclude it from the usage thereof, in as much as the details provided should be incomplete or untrue.
  • The customer shall be given a password-protected access to the ARCS User Account via the internet. The password should be individually sufficiently long and complex. The customer shall be obligated to keep their access data confidential. It shall be required to protect these against abuse by third parties. In the event of the loss or abuse of the access data the customer shall be obligated to inform ARCS hereof without delay. In the event of abuse and unauthorized usage of the Account, ARCS is entitled to block the access. Should the customer be responsible for the abuse or unauthorized usage of the Account, it shall be liable for consequences that derive from the misuse policy.

All invoices are to be paid as a rule within time period specified in our invoice upon receipt. ARCS shall issue monthly invoices retroactively, since nothing to the contrary has been agreed.

The customer may only cede rights from this contract to third parties upon the prior consent of ARCS.

ARCS shall be entitled to cede all duties imposed and all rights accrued from the contracts to third parties. ARCS shall ensure that the customer shall not suffer any disadvantages as a result thereof.

ARCS shall furthermore be entitled to deploy third parties for the fulfilment of all of obligations on its behalf. In this case ARCS shall continue to guarantee in its capacity as contractual partner the orderly fulfilment of its contractual obligations towards the customer and the customer shall accept the service performed as a service of ARCS.

All Content included on our Website, unless uploaded by User or Users or Viewer or Viewers or Visitor or Visitors, is the property of ARCS, our partners or affiliates or other relevant third parties. In these GTC , Content means any text, design and graphics, photos or images, audio and video, software, data compilations, page design, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Visitor.

By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by ramification, implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the ARCS or owner's prior written permission.

You must not otherwise reconstruct, reproduce, modify, copy, distribute or use any Content without the written permission of ARCS.

ARCS reserve the proprietary or ownership rights to the contractual services until the remuneration owed has been paid in full and all claims resulting from the business relationship with the customer have been satisfied; in the case of payment by cheque or bill of exchange until these have been honored.

Upon the assertion of the reservation of proprietary or ownership rights by ARCS, the customer’s right to continue to use the software shall lapse. All software copies made by the customer must be either handed over or deleted.

The customer shall not remove from the software any identifying marks, comments pursuant to protected rights or pointers to proprietary or ownership rights of ARCS product and software contained therein but shall, where appropriate, also include these in any copies made.

ARCS shall indemnify the customer from all claims of third parties resulting from the violation of protected rights to software developed by ARCS and handed over in its contractually agreed version.

The precondition for the accrual of this liability is that the customer should not, either in writing or orally, issue any statements to the third party about the violation of protected rights and should neither recognize any rights or facts nor accept any liability. Furthermore, the customer must not have combined the software with software from any other source without the prior written consent of ARCS and under no circumstances have used the software contrary to its intended purpose.

ARCS shall be entitled to undertake on the customer’s premises at their own costs’ necessary software amendments based on protected rights claims asserted by third parties. The customer may not derive any contractual rights from this. The customer shall inform ARCS immediately and in writing should their attention be drawn to any violation of commercial protected rights and copyright caused by a product supplied by ARCS.

You may not use the Website for any of the following purposes:

  • In any way which causes, or may cause, damage to the ARCS Website or interferes with any other person's use or benefit of the Website.
  • In any way which is unlawful, illegal, harmful, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.
  • Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

In the event of the customer being economically unable to fulfil their obligations towards ARCS, we may terminate with immediate effect existing exchange agreements with the customer by withdrawal and long-term commitments by cancellation, even if the customer should file an insolvency application.

The customer shall provide the ARCS with notice within a reasonable time of any threatening inability to pay in writing.

ARCS provide a warranty in the event of severe defects of the software. To this end, ARCS, at its own discretion, provides the customer with a new software version free of charge or arranges a repair of the defects; a valid rectification of defects includes ARCS providing the customer with reasonable options to avoid the effects of the defect.

ARCS is entitled to perform a supplementary evaluation given the customer has paid a reasonable portion of the compensation. Should two subsequent performance evaluations fail, the customer is protected under statutory rights.

The customer’s right to claim damages is forfeited as soon as the customer has made changes or enhancements to the software or source code.

We will not be liable to users in respect of any losses arising out of events beyond our reasonable control. The entitlement of the customer to compensate or reimburse the expenditure incurred in vain shall, regardless of the legal nature of the claim, be oriented towards Section of these GTC.

Liability for data loss is restricted to the typical recovery costs that would have been incurred in the event of the regular making of safety copies in accordance with the degree of risk involved.

To the maximum extent permitted by law, ARCS accepts no liability for any of the following: 

  • Any business losses, such as loss of profits, income, revenue, anticipated savings.
  • Business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software.
  • Any special, indirect or consequential loss or damage.

The user or viewer shall be responsible for measures pursuant to IT-security.

In the case of cross-border deliveries or services the customer shall bear any customs dues, fees or other charges incurred. The customer shall handle statutory or governmental procedures in connection with cross-border deliveries or services on their own responsibility since nothing to the contrary shall have been explicitly agreed.

You agree to indemnify and hold harmless ARCS, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to Your use of this Website in any manner, including without limitation of the foregoing, any action You take which is in violation of the terms and conditions of these Terms of Use and against any applicable law.

This Site is developed, managed, operated and administered by ARCS. ARCS make no representation that Materials on this Website are appropriate or available for use at any other location(s) outside ARCS registered business jurisdiction. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside ARCS business jurisdiction, you are responsible for compliance with all local laws.

These Terms of Use shall be governed by the laws in the same jurisdiction, where ARCS and its business registered, without giving effect to its conflict of law’s provisions. You agree that the appropriate court(s) of said jurisdiction, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Condition and You hereby consent to personal jurisdiction in such forum.

ARCS general terms and conditions together with the data protection policy contain the complete agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The data protection declaration is an integral part of GTC and may be retrieved from our internet site at any time. To view the Privacy Policy, please click on the following link : https://www.arcstechnologies.com/data-protection

All contracts shall require written order confirmation of ARCS. The requirement for this form may only be waived based on a written agreement.

No verbal side agreements have been concluded between the contractual parties. Subsequent supplements or amendments to these agreements shall be made in written form. Verbal waiving of written form is forbidden.

Order processing shall take place within ARCS via automated data processing. The customer agrees that their data shall be stored electronically and processed by ARCS.

In the event of the legal invalidity of individual stipulations contained herein, the remaining parts of this contract shall nonetheless remain binding. This should not apply the continue adherence to the contract constitute undue hardship for one or both parties.

Any online facilities, applications, tools, services or information that ARCS makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. ARCS is under no obligation to update information on the Website.

Whilst we uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, spams and other malware, we give no warranty or guaranty in that regard and all Users or Viewers take responsibility for their own safety and security, that of their personal details and their computers. ARCS accept no liability for any disruption or non-availability of the Website.

ARCS reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

You may not transfer any of your rights under these general terms and conditions to any other person. We may transfer our rights under these general terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users or viewers should check the terms and conditions regularly to ensure familiarity with the then current version.

If any court or competent authority finds that any provision of these general terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of India and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the India courts.

ARCS Solutions Private Limited registered address: Plot # 330, Champati, Bhairpur, Cuttack 754200, Orissa, India. It operates the Website: https://www.arcstechnologies.com

You can contact ARCS by email on office@arcstechnologies.com

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