Kindly read ARION's policy on Data protection and Privacy
M. USER / MEMBER MISCONDUCT
The Company will not be liable for conduct of the Users and the Members through any means of communication. The Company reserves the right to terminate the present Agreement with any Member NGO including, but not restricted to Blacklisting, if it finds any information to have been falsified or misrepresented in the information provided and/or alack of compliance from the Member with respect to information requests etc. The User and Member may not use the Services in any way which violates in any manner any applicable ,state, local, national or international law, or for any unlawful purpose whatsoever. The User/Member may not use the Services to either send, receive, or download messages or materials that may be considered inappropriate or violative of the rights of ARION or other Third Parties.
To the extent that the Services provide Users and Members an opportunity to post, store and exchange conversation, information, materials, data, files, programs, ideas and opinions (Participant Users and Members hereby represent and warrant that they have all necessary rights in and to all Participant Content and all information contained therein). The Company has the right, but not the obligation, to edit or remove any content or other material that comes to the Company's attention and that ARION in its sole discretion may find to be in violation of the provisions of this Agreement, or for any other reason. The User and Member acknowledge and agree that ARION, under no circumstances whatsoever shall assume or incur any liability towards any action or inaction by it with respect to any Participant Content. The Users and Members shall remain solely responsible for the Participant Content available on the website. The provisions of section 65 of the IT Act, 2008, shall be applicable at all times which penalises any User who conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network.
The Users and Members fully understand and acknowledge that all Participant Content of any nature is the sole responsibility of the person/entity from whom/which such content has originated.
All Users and Members herein agree to completely indemnify, defend and hold harmless ARION, the Company, and its respective officers, directors, employees, agents, licensors, representatives, and third-party providers etc. from and against all losses, expenses, damages and costs, including attorneys' fees etc. arising out of the User's and Member's use of the Services, including without limitation (a) any violation of this Agreement by the User or Member (including others accessing the website or the Service using the User's User ID or password), (b) any violation of rights of a third party by the User or Member (c) any violation of applicable law in force, or (d) any information or content that the User create, transmit or store using the Services. The Company at all times reserves the right to assume the exclusive defence of indemnification by the User and/ or Member.
O. USER'S AND MEMBER'S OBLIGATIONS
The User and Member at all times must keep its User name and password secure and notify ARION immediately if the password becomes known to any unauthorised user or Member or if the User or Member itself suspects that there has been an unauthorised use of its password. ARION on the receipt of such notice shall block the old password of that User or Member.
Once ARION is notified of the fact that the password of the User or Member or both is compromised, it shall within 6 (Six) hours of receipt of such information issue a new password to the said User and/or Member and shall communicate this new password to the User/ Member by sending it on the registered email id of that User/ Member. Passwords will never be given out or issued over the phone or by post for security purposes.
ARION provides the Services described herein for commercial use only by the Users and Members. Users and Members therefore shall not duplicate, plagiarise, use without authority, such Services in whole or in part, or otherwise commercially exploit the Services without notifying the Company, without the express written approval of the same at any point of time. Users or Members shall never assign or transfer their Membership with ARION to any other person or entity.
ARION's primary purpose is to provide a commercial service of bringing together the Users and Members herein. If it ever comes within the knowledge of the Company that activities other than those of commercial nature are taking place on the website such as that pertaining to social networking or personal chatting, unauthorised advertising etc., ARION reserves the right to curtail such usage either by a User or a Member on obtaining such information. This shall not be negotiable by the Member or User.
ARION reserves the right to exercise any of its rights as described in Privacy and Data protection mentioned above if the website receives excessive traffic such that the Services to other Users or members is endangered. ARION does not require Users to keep within specified maximum traffic levels, but reserves the right to introduce maximum traffic levels should this become necessary in the interests of maintaining the quality of the overall Services
ARION does not explicitly control the messages, information or files that the User or Member may upload. It is the responsibility of the User or Member, as the case may be to ensure that they do not engage in any illegal activities. If ARION believes a User or Member has engaged in activities which are illegal or prohibited under this agreement and the laws in force, it may exercise any of the rights set forth in the Privacy and Data protection clause in this agreement.
It is imposed on the User and the Member that they must not knowingly use the Services ever to transmit or receive information which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or otherwise unlawful. In such a situation ARION will take immediate steps to remove such material from its website and issue warning to the respective Users or Members posting such material. If the User or Member still refuses to cease and desist from posting objectionable material on the website, ARION will move to blacklist such Users or Members as the case may be, posting such material from its website.
The User or Member must not post material which is in breach of copyright or any other Intellectual property rights of ARION or any Third party. If any User or Member wishes to post any material protected by any such rights it is such User's or Member's responsibility alone to obtain the owners written permission/ consent to post such works on the website. ARION will at no point be liable in any manner towards any breaches/ infringements in Copyright or other IPR's by Users or Members.
Users and Members must not use the website/ online platform to harass, bully, intimidate or threaten other people. In the event of occurrence of such cyber harassment by any User or Member on the website, aggrieved Users or Members are requested to first notify the offending party of the harassment before requesting that ARION intervene in the situation. Once notified about the offending communication(s), and if appropriate, ARION may exercise any one or all of the rights set forth in Privacy and Data Protection clause herein.
The User and the Member agrees that it will, when availing of the Service, shall observe all applicable Data Protection legislation as applicable. The Indian IT Act 2000, as amended in 2008 sets out principles which must be complied with to ensure fair and lawful processing of personal and sensitive data. Neither the User no any Member should ever transmit personal data (i.e. data that identifies another individual) over the website without their consent.
The User and the Member are expressly warned against knowingly or recklessly posting, uploading or transferring by any means any transmission which contains viruses or other code or defects which are likely to cause damage to any User's or Member's system or data or engage any other activity which is in breach of the provisions relating to the above infractions contained in the IT Act, 2008. The above mentioned Act is the presiding law of India on all cyber related issues and specifically prohibits activities such as hacking and intentional transmission of viruses which are considered criminal offences under the said Act inviting heavy penalties or even imprisonment on the offender.
The User and the Member must be diligent and careful so far as not to use the website to engage in any such activity which is in breach of any applicable national or international laws whatsoever.
P. DISPUTES RESOLUTION AND GOVERNING LAWS
Any disputes arising during the Term of the Agreement between the Company and the Member or User or both will be settled first by negotiations and amicable settlement/ conciliations and then finally by arbitration. Arbitration may be invoked by either of the parties to the Agreement by serving a notice regarding the same of 30 (Thirty) days upon the other Party(ies) which must be followed by a reply from the other party(ies). The ensuing arbitral Tribunal shall consist of a sole arbitrator, who shall be mutually appointed by consent from both the Parties. The Arbitration and Conciliation Act, 1996, as amended from time to time shall be the applicable Act for conducting the arbitration. The arbitration shall be held at New Delhi, India and the language of arbitration shall be English. The Laws of India will govern the relationship between the parties and the courts in New Delhi will have exclusive jurisdiction over any disputes, acts, matters or controversies arising as a result of such disputes, breach, matters etc. The present arbitration clause shall survive the Termination of this Agreement.
Any complaints, abuse or concerns with regards to content, material, advertisements, literature etc. posted on the website including but not limited to any comments or breach in any manner whatsoever of these T&Cs shall be immediately informed to Ms. Arpita Sinha ("Founder") through email at firstname.lastname@example.org with the electronic signature or in writing at the following address to:
Attn : Ms. Arpita Sinha
Designation : Founder, ARION Rating Services
Corporate Address : 2-E/8, Third Floor, Jhandewalan Extension, New Delhi-110055
In case the User or the Member feels aggrieved with the rendering of the Services or any part thereof or in any case wishes to take any kind of legal recourse against the Company, ARION, may send a notice to that effect either by email at email@example.com or by post to the following address:-
2-E/8, Third Floor,
All notices sent via email or by post by a User or a Member for any reason at all must be addressed to "Ms. Arpita Sinha", Founder, ARION. Reply to such notices will be made at the earliest possible convenience of the addressee.
S. GENERAL TERMS
ARION reserves the right to vary or modify these terms and conditions from time to time. Notice of changes shall be posted in advance on the ARION website or sent individually to the Users and Members by e-mail. Continued use of ARION Services and/or website for a period exceeding 30 (Thirty) days after receipt of notification shall constitute acceptance of the same. However, if ARION makes any material changes to this Agreement which in any way expands its own rights to use the User's or any Member's personal/ restricted information, ARION will notify the User or Member through any of the following means: message, e-mail, and/or a prominent notice on the website, or as otherwise required or permitted by law. The User and Member provides his express and affirmative consent to any material changes above mentioned if such User or Member chooses to continue using the Services following notice of these changes in this manner.
In the event that a Member does not wish to continue availing the said Services based on such a modification and so notifies ARION, it will terminate the User's account and forfeit any prepaid fees or charges for the current Membership Term.
The Terms and Conditions contained in this Agreement constitute the entire agreement between ARION and its Users and Members and supersede all other agreements or communications or understandings between the Parties in the past.
The User and the Member hereby acknowledges that it has carefully read and thoroughly gone through the terms of this Agreement. Use of the Services of the Company in any measure by a User or a Member shall be deemed and construed to be an irrevocable acceptance of the terms and conditions of this Agreement.