Arbunize Digital Media Private Limited- Terms of Use

Terms of Use: User

(A User means any legal person who browses or uses the website, www.arbunize.com, www.arbunize.in (“Site”) for the purpose of procuring any services through the Arbunize Web Portal.)

General

The domain names i.e. www.arbunize.com, www.arbunize.in , as available on web are owned by Arbunize Digital Media Private Limited, a company having CIN No. U72300DL2015PTC276388 and its registered office at 11778/5 & 6, Second Floor, Sat Nagar Karol Bagh New Delhi 110005, India (here in after referred to as "Arbunize").

Any User who browses or uses the Site shall be governed by the following terms and conditions ("Terms of Use") as applicable to the Site including the applicable policies which are incorporated herein by way of reference. For the purpose of these Terms of Use, wherever the context so requires "You" or "Your" shall mean User. The term "We", "Us", "Our" shall mean Arbunize.

If You transact on the Site, You shall be subject to the policies that are applicable to the Site for such transaction. By mere use of the Site, You shall be contracting with Arbunize and these terms and conditions including the policies constitute your binding obligations, with Arbunize. If You disagree with these Terms of Use, You must not use this Site.

(Arbunize reserves the right to update and/or modify the Terms of Use; therefore, User is encouraged to check for changes made to the Terms of Use that may affect them. If Arbunize changes the terms, it shall be updated on the Site and shall be considered effective with immediate effect. Additionally, Arbunize reserves the right to refuse services under the Terms of Use. User is deemed to agree with and comply with the terms and conditions set forth below by Arbunize.)

TERMS OF USE

By using Site, You agree to be bound by the following terms and conditions:
Terms and conditions are contractually binding
These terms and conditions are contractually binding and constitute the complete terms and conditions which govern Your use of the Site and the Service.

Definitions and Interpretation

1. In the Terms of Use, unless the context otherwise requires:

a) Agreement means these Terms of Use including any reference of other terms and conditions and/or policy therein.

b) Service means usage of Arbunize web portal by the User and any other related services provided by Arbunize.

c) Site means the website www.arbunize.com, www.arbunize.in that shall be used by the User to avail the Services as stated herein and the User may have the access to avail the Services.

d) Privacy Policy means Arbunize’s privacy policy which is available on the Site.

2. The paragraph headings in the Terms of Use, incorporated in bold and capitalized case, are included to help make provisions of Terms of Use easier to read and have no binding effect.

3. Any reference to a clause hereunder is a reference to a clause of Terms of Use: User.

Legally Binding Agreement

By accessing or using the Site, You acknowledge that You have read, accepted and agreed to be legally bound by these Terms of Use and any notices, protocols or guidelines appearing on or in connection with the Site, as amended from time to time. Any such notices, protocols or guidelines are hereby incorporated by reference as part of these Terms of Use.

You acknowledge and agree that Your access to, and use of, this Site is on an 'as available' basis. Arbunize does not warrant, in effect, its availability and is in no way liable for Your failure to access and otherwise use this Site.
These Terms explain our obligations to You, and Your obligations to us, in any transactions You make via this Site.

Services, Cookies and Arbunize’s Role

  1. Services: Arbunize, through the Arbunize web portal, provides the services to the User pertaining to the personality questionnaires and surveys on the Site. Arbunize facilitates a User to register itself on the Site and connects it with the Arbunize to avail the Services when the User posts its intent to avail the Services on the Site.
  2. Cookies: This Site uses cookies. By using this Site and agreeing to these terms and conditions, You consent to Arbunize's use of cookies in accordance with the terms of Arbunize's cookies policy, prescribed under Privacy Policy.
  3. Arbunize’s role: User acknowledges and agrees that for the purpose of this Terms of Use, Arbunize’s role is of a service provider for providing the Services procured by the User

Registration

  1. The User shall be required to provide necessary data, information and proof of documents to register itself on the Site (“Registration”). Upon successful Registration to the satisfaction of Arbunize, the User will be issued by Arbunize, upon the suggestion by the User, a username and password to use and access the Site. The User agrees that Arbunize shall be entitled to assume that any person using the Site with the User's identification number (“User Account”) and/or password is the User or its authorized representative.
  2. In order to Register and open an "User Account" with Arbunize, You must
    1. agree to these Terms of Use,
    2. provide a valid email address, and
    3. provide any other information required by Arbunize during the Registration process.
    4. You must update this information to maintain its accuracy during the term of Your Registration for accessing the Site. You are responsible for maintaining the security and confidentiality of Your User Account and password. Arbunize cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You are also responsible for all content that You may post on the Site ("Content") and activity that occurs under Your User Account (even when Content is posted by others by accessing Your account or who have accounts under Your Account), any and all personally identifiable information submitted by You shall be subject to Arbunize's Privacy Policy, updated from time to time on the Site.
    5. One User shall not maintain more than one User Account without the prior written consent of Arbunize. User Account registered by "bots" or other automated methods are not permitted.
    6. The entire process of Registration including creation of User Account and generation of password may take up to seven (7) working days to be processed and approved.

Relationship with Arbunize and User

  1. The User acknowledges and agrees that details of Services and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Services are to be determined solely in accordance of terms and conditions of the agreement pertaining to the Services entered between Arbunize and the User.
  2. The User acknowledges and agrees that Arbunize: (i) is a service provider for the purpose of providing Services that may be availed by the User; and (ii) shall only be liable in any manner for any direct loss or damage solely attributable to Arbunize.

Charges and Payment

  1. By accessing or using the Site, You acknowledge that You have read, accepted and agreed to be legally bound by these Terms of Use and any notices, protocols or guidelines appearing on or in connection with the Site, as amended from time to time. Any such notices, protocols or guidelines are hereby incorporated by reference as part of these Terms of Use.
    1. The amount that is agreed by the User at the time of subscription of premium account on the Site (“Fee”);
    2. The Fee and/or any other charges are exclusive of all governmental sales, services tax, as well as charges or fees enacted in the future and the User shall be liable to pay applicable tax or statutory levies on the amount of Fee at the prevailing statutory rate.
  2. For any and all User Accounts, Arbunize may charge an account re-activation fee should an account need to be re-activated after the Use Account has become de-activated due to non-payment or for other breaches of the Terms of Use.

No Warranties

You acknowledge and agree that Your use of this Site is as 'made available' basis only and may only be available during planned and unplanned outages. Arbunize makes no representation and gives no warranty that the alternate login services provided via the Site will meet Your requirements, be uninterrupted, timely or error-free.

User Warranties

The User warrants to and agrees with Arbunize that:

  1. it or any authorised person of User is at least eighteen (18) years of age or above or is a corporate legal entity duly incorporated under the Laws of India. By using this Site and by agreeing to Terms of Use, it represent and warrant that it is under no legal or other impediment that may prevent it fully carrying out and performing its obligations under these Terms of Use;
  2. all information (including but not limited to that set out in the application for Registration (registration form) including information relating to User’s is true and correct in every respect and will be updated by the User if and when it materially changes till the period User’s Registration is active with the Site;
  3. all information provided by the User to Arbunize will not infringe intellectual property rights of any third party and will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;
  4. it will not impersonate or misrepresent any endorsement by or affiliation with any person or entity;
  5. it will at all-time comply with Arbunize 's Privacy Policy, as prescribed on and updated from time to time on the Site;
  6. it will not engage in misleading or deceptive marketing practices over the Site;
  7. it will not release to the public any news release, advertising material, promotional material or any other form of publicity or information on the Site without Arbunize 's prior written approval;

License to use Site

  1. Arbunize and/or its licensors own any and all intellectual property rights in the Site including any and all materials, information and contents on the Site. Subject to the license below, all these intellectual property rights are reserved and exclusive property of Arbunize and/or its licensors.
  2. You may view and download required information or contents from the Site as required for the purposes of performing Your obligation under these Terms of Use and You may print pages or other content from the Site in order to performing Your obligation under these Terms of Use, subject to the restrictions set out below in sub-clause 3 and elsewhere in these Terms of Use:
  3. You must not:
    1. republish any unauthorised material from this Site (including republication on another website);
    2. sell, rent or sub-license material from the Site;
    3. show any unauthorised material from the Site in public;
    4. reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
    5. edit or otherwise modify any material on the Site which You are otherwise not authorised to do so, or;
    6. redistribute material from this Site except for content specifically and expressly made available for redistribution.

Acceptable Use of the Site

  1. You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  2. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without Arbunize’s express written consent.
  4. You must not use this Site to transmit or send unsolicited commercial communications.
  5. You must not use this Site for any purposes related to marketing without Arbunize’s express written consent.

User Content

  1. In reference to these Terms of Use, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that You submit to this Site, for whatsoever purpose.
  2. The User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against You or Arbunize or a third party (in each case under any applicable law).
  3. Arbunize reserves the right to edit or remove any material submitted to this Site, or stored on Arbunize’s servers, or hosted or published upon this Site.

Notwithstanding Arbunize’s rights under these terms and conditions in relation to the User Content, Arbunize does not undertake to monitor the submission of such Content to, or the publication of such Content on, this Site.

Limitations of Liability

  1. Notwithstanding anything to the contrary under Terms of Use, Arbunize will not be liable to You (whether under the law of contact, the law of torts or otherwise including, without limitation, negligence, breach of any statute or any other legal or equitable obligation) for any claim connected with or arising out of use of the Site, provision of the Services and/or and any transaction contemplated under the ambit of Terms of Use in connection with, the Site:
    1. to the extent that the Site is provided free-of- charge, for any direct loss;
    2. any indirect, special or consequential loss; or
    3. any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  2. These limitations of liability shall apply even if Arbunize has been expressly advised of the potential loss.
  3. Subject to Clause 1 and 2 hereinabove, under no circumstances, Arbunize’s liability shall exceed the amount paid by the User to Arbunize in relation to a particular transaction relating to procurement of Services.
  4. Reasonableness
    1. By using this Site, You agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable.
    2. If You do not think they are reasonable, You must not use this Site.
    3. You accept that, as a limited liability entity, Arbunize has an interest in limiting the personal liability of its officers and employees. You agree that You will not bring any claim personally against Arbunize’s officers or employees in respect of any losses You suffer arising in connection with the usage of this Site.

Unenforceable Provisions

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.

Refunds

By accessing the Site, and by entering into a transaction in the Site, You agree to be bound by the legal terms and conditions governing the provision of Services as defined by Arbunize and under the applicable laws. Arbunize reserves the right to revise the legal terms and conditions at any time. All sales are final. You may not return, cancel or redeem for cash any of the Services after it has been subscribed, unless otherwise stated by Arbunize in agreement entered between Arbunize and the User pertaining to the subscription of Services.

Arbunize advises that prior to placing a request for subscription of Services on the Site, You must carefully review Your selection. You agree that in the event of a fraudulent transaction, a “chargeback” shall be subject to proper investigation conducted by the User’s issuing bank in accordance with their prevalent applicable policy. Any other chargeback / refund claim shall be given to the User in accordance with prevailing refund policy of Arbunize as mentioned herein above under this Clause "Refund”. If You have a question about a charge, You agree to contact us through the email address provided in the Terms of Use section. Arbunize shall make reasonable efforts to resolve all doubts in relation to the charge(s) that may get accrued.

Indemnity

You hereby agree to indemnify and hold harmless Arbunize and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents and undertake to keep Arbunize and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Arbunize to a third party in settlement of a claim or dispute on the advice of Arbunize’s legal advisers) incurred or suffered by Arbunize arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.

Breach of Terms of Use

Without prejudice to User having other rights under these Terms of Use, if You breach any Terms of Use in any way, Arbunize may take such action as Arbunize deems appropriate to deal with the breach, including suspending Your access to the Site, prohibiting You from accessing the Site, blocking computers using Your IP address from accessing the Site, contacting Your internet service provider to request that they block Your access to the Site and/or bringing court proceedings against You.

Variation

Arbunize may revise these Terms of Use from time-to- time. Revised terms and conditions will be effective and applicable to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page of the Site regularly to ensure You are familiar with the current version.

Assignment

Arbunize may transfer, assign, license, sub-contract or otherwise deal with Arbunize’s rights and/or obligations under the Terms of Use without notifying You or obtaining Your consent. However, You will not transfer, assign, license, sub-contract or otherwise deal with Your rights and/or obligations under the Terms of Use.

Severability

If a provision of the Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

The Terms of Use constitute the entire agreement between You and Arbunize in relation to Your use of this Site, and supersede all previous agreements in respect of Your use of this Site.

Law and Jurisdiction

The Terms of Use will be governed by and construed in accordance with the laws of Republic of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Gurgaon.

Contact Email

You can contact Arbunize by email at response@Arbunize.com