Terms &
conditions
Welcome to AR4 Group collectively
represents the Partnership firms AR4 Bio Fresh and AR4 Agro International and
our Terms of Use (these “Terms”). These Terms are important and affect your
legal rights, so please read them carefully. Note that Section 13 of these
Terms contains a mandatory arbitration provision that requires the use of
arbitration on an individual basis and limits the remedies available to you in
the event of certain disputes for future and past transactions.
By accessing or using
the websites, mobile applications or blogs (collectively, the “Sites”) provided
by AR4 Group (collectively, “AR4 Group,” “we,” “us” or “our”) that link to
these Terms, you agree to be bound by these Terms and all of the terms
incorporated herein by reference. If you do not agree to these Terms, you may
not access or use the Sites or order, receive or use products made available
through the Sites (collectively, the “Products”).
These Terms do not
alter in any way the terms or conditions of any other agreement you may have
with us in respect of any products, services or otherwise. If you are using the
Sites on behalf of any entity, you represent and warrant that you are
authorized to accept these Terms on such entity’s behalf and that such entity
agrees to be responsible to us if you or such entity violates these Terms.
Reserves the right to
change or modify these Terms at any time and in our sole discretion. If we make
changes to these Terms, we will provide notice of such changes, such as
providing notice through the Sites or updating the “Last Updated” date at the
end of these Terms. By continuing to access or use the Sites or order, receive
or use Products, you confirm your acceptance of the revised Terms and all of
the terms incorporated therein by reference. We encourage you to review the
Terms frequently to ensure that you understand the terms and conditions that
apply when you access or use the Sites or order, receive or use the Products.
If you do not agree to the revised Terms, you may not access or use the Sites
or order, receive or use the Products.
1. Privacy
Policy
Please refer to our Privacy
Policy for information about how we collect, use and disclose information about
you.
2.
Eligibility
The Sites are not targeted
toward or intended for use by anyone under the age of 18. By using the Sites,
you represent and warrant that you (a) are 18 years of age or older, (b) are a
legal resident of the India, (c) have not been previously suspended or removed
from the Sites, or engaged in any activity that could result in suspension or
removal from the Sites, (d) do not have more than one AR4 Group account, and
(e) have full power and authority to enter into these Terms and in so doing
will not violate any other agreement to which you are a party.
3.
Registration, Account And Communication Preferences
In order to access and use
certain areas or features of the Sites, you will need to register for AR4Fresh
account. By creating an account, you agree to (a) provide accurate, current and
complete account information, (b) maintain and promptly update from time to
time as necessary your account information, (c) maintain the security of your
password and accept all risks of unauthorized access to your account and the
information you provide to us, and you agree to accept responsibility for all
activities that occur under your account or password and (d) immediately notify
us if you discover or otherwise suspect any security breaches related to the
Sites or your account.
By creating a AR4Fresh
account, you also consent to receive electronic communications from AR4 Group
(e.g., via email or by posting notices to the Sites). These communications may
include notices about your account (e.g., payment authorizations, password
changes and other transactional information) and are part of your relationship
with us. You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal
communication requirements, including, but not limited to, that such
communications be in writing. You should maintain copies of electronic
communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not
limited to, newsletters, special offers, surveys and other news and information
we think will be of interest to you. You may opt out of receiving these
promotional emails at any time by following the unsubscribe instructions
provided therein.
4. Terms Of Sale
4.1
Gifts
You have the ability to
send gifts for other people through the Sites through Gift a Box .
When you are sending
the gift AR4 shall contact once the payment is received by AR4 Group we will
send the Gift. AR4 Group will not be liable for any failure in payment
processing and delay caused due to that in sending the Gifts. The Gifts will be
delivered as per our delivery areas with standard shipping charges. Gifts are
not refundable or redeemable for cash, unless otherwise required by applicable
law. While we thrive to send as per the time mentioned in your request and
ensure to deliver, we are bound the third party operations for delivery, there
may be delays expected in some cases also owing to the availability of the
product on the date mentioned.
4.2 Payment and
Billing Information
By providing a payment
method that we accept, you represent and warrant that you are authorized to use
the designated payment method and that you authorize us (or our third-party
payment processor) to charge your payment method for the total amount of your
subscription or other purchase (including any applicable taxes and other
charges) (collectively, as applicable, an “Order”). If the payment method
cannot be verified, is invalid or is otherwise not acceptable, your Order may
be suspended or cancelled. You must resolve any problem we encounter in order
to proceed with your Order. In the event you want to change or update payment
method, you can do so at any time by contacting us using methods provided under
Contact Us section.
You acknowledge that
the amount billed may vary due to promotional offers, changes in applicable
taxes or other charges, and you authorize us (or our third-party payment
processor) to charge your payment method for the corresponding amount.
4.3
Pricing and Availability
All of our Products are
subject to availability, and we reserve the right to impose quantity limits on
any Order, to reject all or part of an Order, to discontinue offering certain
Products and to substitute Products (including, but not limited to, specific
produce items) without prior notice. We strive to provide you with high-quality
Products, and given the perishable nature of certain Products and market
conditions beyond our control, we may be required to make substitutions from
time to time. If you are not satisfied with a substitution, please contact us
at www.ar4mangoes.com.
4.4
Deliveries
You are responsible for
inspecting all Products you receive from us for any damage or other issues upon
delivery. In addition, you are solely responsible for determining the freshness
of the Products you receive. You should always inspect your delivery to confirm
that the Products arrive in good condition. For any reason to believe that any
Product in your delivery is not suitable for consumption, contact us at info@ar4mangoes.com
before discarding the item. To maintain the quality and integrity of the
Products, we recommend that you immediately refrigerate the ripe mangoes upon
delivery and follow the Department Of Agriculture instructions on refrigeration
and food safety. From the time of delivery, the condition and consumption of
the Products are solely at your risk, and you are solely responsible for the
proper and safe washing, handling, preparation, storage, cooking, use and
consumption of the Products following delivery. Failure to follow safe food
handling practices and temperature recommendations may increase the risk of
foodborne illness. In addition, pregnant women, young children, the elderly and
individuals with compromised immune systems should follow the Indian Food and
Drug Administration’s recommendations on food consumption for at-risk groups.
Our delivery driver
will leave the package for you at your door during our normal delivery hours
(home: night delivery between 8 pm and 8 am, and office: day delivery between 8
am and 5pm). Depending on the season and temperature in your geographic area at
the time of delivery, advance planning by you should be made for proper storage
of your products prior to consumption.
In the case of
inclement weather or other events beyond our control that interfere with our
ability to deliver your Order, we will attempt to deliver your Order as soon as
reasonably possible. In some cases, delivery may occur prior to the scheduled
delivery date. In the event that timely delivery of your Order is not feasible,
we will cancel your Order for the period so affected and issue you a credit or
refund of the purchase price for that farm box delivery.
4.4 No Resale
You are not permitted to
resell or otherwise use the Products for commercial purposes without prior
approval from us.
4.5 Product Descriptions
AR4 Group attempts to be as accurate as possible. However, AR4 Group does not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free. If a product offered by AR4 Group itself is not as described, your sole remedy is to read risk factors before ordering. We at AR4 Group are farmers and know that farmers cannot grow items that are all perfect and all exactly uniform. For this reason, weights displayed are approximate and intended to communicate approximate amounts of produce that you will receive. While we don’t anticipate weights to be incorrect. The packing and Weight is done with utmost accurate manner. Mangoes and fruits tend to loose weight over the period. You may see slight variance.
4.6 Returns and Refunds
We do not accept return of the product and hence we do not have a return policy. Incase of travel to outside Hyderabad and USA please expect some damages due to transport & multiple handling. Transport is not in our control hence no refund or replacement is possible. In case of USA the products are handled at various places and our experience is that 90% there are no damages. Due to various handlings and USA Gamma radiation there may be some fruits going bad, which is not in our control. If you there are any physical damages to the box and products inside are crushed then, please contact us at hello@ar4fresh.com or +919912340404 within 12 hours of your delivery and, depending on the circumstances, we may provide you a replacement/store credit of product value excluding shipping and other costs which are not refundable. We may request you a photographic documentation of any product with which you are dissatisfied or any required proof of damage before we provide you a replacement. Incase of Alphonso please expect soft tissue problem which is natural and hence no refund or replacement.
4.7 Risk Factors: AR4 Team ensures all possible measures while selecting a mango for packing purpose. However, the fresh produce will be at risk of damage/shrinkage/spoilage during the transit. Courier companies do not allow fresh produce and even allowed do not entertain the damage claims. For USA all mangoes are transported by Truck till packing facility and only good mangoes fit for Transport are selected by Third party pack house an AR4 do not have any role to play in packing or transport after handing over at registered packhouse. Mangoes are handed over to third party appointed by APEDA and USDA. The selection and rejection of Mangoes are in the hands of third party. Mangoes are packed and irradiated by them and sent to Airport in sealed condition. We do not have any control post handover to Third party. From Customs to Airfreight and then at destination it is inspected by 3 USA govt agencies to clear. For Home delivery there will be additional partner , The FedEx. In these chain due to oversight some delicate mangoes may get damaged which is not in our control. Please count it as risk when placing the order. No Refunds or replacements are possible incase of damages.
5. License To Access And Use Our Sites And
Content
Unless otherwise indicated
in writing by us, the Sites and all content and other materials contained
therein, including, without limitation, the AR4 Group logo and all designs,
text, graphics, pictures, information, data, software, sound files, other files
and the selection and arrangement thereof (collectively, “Content”) are the
proprietary property of AR4 Group.
Notwithstanding
anything to the contrary in these Terms, the Sites and Content may include
software components provided by AR4 Group or a third-party that are subject to
separate license terms, in which case those license terms will govern such
software components.
6. Hyperlinks
You are granted a limited,
nonexclusive, non-transferable right to create a text hyperlink to the Sites
for non-commercial purposes, provided that such link does not portray AR4 Group
or any of our Products in a false, misleading, derogatory or otherwise
defamatory manner, and provided further that the linking site does not contain
any adult or illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time. You may
not use a AR4 Group logo or other proprietary graphic of AR4 Group to link to
the Sites without our express written permission. Further, you may not use,
frame or utilize framing techniques to enclose any AR4 Group trademark, logo or
other proprietary information, including the images found on the Sites or
Products, the content of any text or the layout or design of any page, or form
contained on a page, on the Sites without our express written consent.
AR4 Group makes no
claim or representation regarding, and accepts no responsibility for, the
quality, content, nature or reliability of third-party websites accessible by
hyperlink from the Sites or of websites linking to the Sites. Such sites are
not under our control, and we are not responsible for the contents of any
linked site, any link contained in a linked site, or any review, changes or
updates to such sites. We provide these links to you only as a convenience, and
the inclusion of any link does not imply our affiliation, endorsement or
adoption of any site or any information contained therein. When you leave the
Sites, you should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any site to which you navigate from the Sites.
7. Third-Party Content
We may display content,
advertisements and promotions from third-parties through the Sites or in
shipments with Products (collectively, “Third-Party Content”). We do not
control, endorse or adopt any Third-Party Content, and we make no
representations or warranties of any kind regarding such Third-Party Content,
including, without limitation, regarding its accuracy or completeness. You
acknowledge and agree that your interactions with third-parties providing
Third-Party Content are solely between you and such third-parties, and that AR4
Group is not responsible or liable in any manner for such interactions or
Third-Party Content.
8.
User Conduct
You agree that you will not
violate any law, contract, intellectual property or other third-party right or
commit a tort, and that you are solely responsible for your conduct, while
accessing or using the Sites. You agree that you will abide by these Terms and
will not:
Engage in any harassing,
threatening, intimidating, predatory or stalking conduct;
Use or attempt to use
another user’s account without authorization from such user and AR4 Group,
Use the Sites in any manner
that could interfere with, disrupt, negatively affect or inhibit other users
from fully enjoying the Sites or that could damage, disable, overburden or
impair the functioning of the Sites in any manner;
Reverse engineer any aspect
of the Sites or do anything that might discover source code or bypass or
circumvent measures employed to prevent or limit access to any Content, area or
code of the Sites;
Attempt to circumvent any
content-filtering techniques we employ or attempt to access any feature or area
of the Sites that you are not authorized to access;
Develop any third-party
applications that interact with User Content or the Sites without our prior
written consent;
Use any robot, spider,
crawler, scraper, script, browser extension, offline reader or other automated
means or interface not authorized by us to access the Sites, extract data or
otherwise interfere with or modify the rendering of Site pages or
functionality; or
Use the Sites for any
illegal or unauthorized purpose, or engage in, encourage or promote any
activity that violates these Terms.
9.
Indemnification
To the fullest extent
permitted by applicable law, you agree to indemnify, defend and hold harmless AR4
Group, and our respective past, present and future employees, officers, directors,
contractors, consultants, equity holders, suppliers, vendors, service
providers, parent companies, subsidiaries, affiliates, agents, representatives,
predecessors, successors and assigns (individually and collectively, the “AR4
Group Parties”), from and against all actual or alleged AR4 Group Party or
third-party claims, damages, awards, judgments, losses, liabilities,
obligations, penalties, interest, fees, expenses (including, without
limitation, attorneys’ fees and expenses) and costs (including, without
limitation, court costs, costs of settlement and costs of pursuing
indemnification and insurance), of every kind and nature whatsoever, whether
known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or
unsuspected, in law or equity, whether in tort, contract or otherwise
(collectively, “Claims”), including, but not limited to, damages to property or
personal injury, that are caused by, arise out of or are related to (a) your
use or misuse of the Sites, Content or Products, (b) any User Content you
create, post, share or store on or through the Sites or our pages or feeds on
third-party social media platforms, (c) any Feedback you provide, (d) your
violation of these Terms, (e) your violation of the rights of another, and (f)
any third-party’s use or misuse of the Sites or Products provided to you. You
agree to promptly notify AR4 Group of any third-party Claims and cooperate with
the AR4 Group Parties in defending such Claims. You further agree that the AR4
Group Parties shall have control of the defense or settlement of any
third-party Claims. This indemnity is in addition to, and not in lieu of, any
other indemnities set forth in a written agreement between you and AR4 Group.
10. DISCLAIMERS
YOU ARE SOLELY RESPONSIBLE
FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE
AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY
RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE
PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH
PRODUCTS.
WE ATTEMPT TO DISPLAY
THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES,
INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE.
HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND
ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE
THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN
PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT
SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT
PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.
YOU FURTHER AGREE THAT
THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE
PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS,
INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR
COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND
VARIABILITY OF PRODUCTS. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT
ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES
NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT
THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED
IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND
CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. AR4 GROUP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES,
CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND
ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY
ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right
to change any and all Content and to modify, suspend or stop providing access
to the Sites (or any features or functionality of the Sites) and the Products
at any time without notice and without obligation or liability to you.
Reference to any products, services, processes or other information by trade
name, trademark, manufacturer, supplier, vendor or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by us. Some jurisdictions do not allow the disclaimer of implied
terms in contracts with consumers, so some or all of the disclaimers in this
section may not apply to you.
11.
LIMITATION OF LIABILITY, RELEASE
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AR4 GROUP OR ANY OF THE OTHER AR4
Group PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS
OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE
OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF
OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE
ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS
(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AR4 GROUP, OR FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS,
DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AR4 Group’S RECORDS,
PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE
THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY
OF AR4 GROUP AND THE OTHER AR4 GROUP PARTIES (JOINTLY) ARISING OUT OF OR IN ANY
WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM AR4
GROUP EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR
USE OF PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER
OF Rs:2500 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL
APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL
PURPOSE, AND THE FOREGOING SHALL CONSTITUTE AR4 GROUP AND THE OTHER AR4 GROUP
PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE
FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS,
ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE,
ACQUIT AND FOREVER DISCHARGE AR4 GROUP AND THE OTHER AR4 GROUP PARTIES FROM AND
AGAINST, AND COVENANT NOT TO SUE ANY SUCH AR4 GROUP PARTY FOR, ALL CLAIMS YOU
HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
IF YOU ARE A INDIA
RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS TO GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you. Some jurisdictions
also limit disclaimers or limitations of liability for personal injury from
consumer products, so this limitation may not apply to personal injury claims.
12.
Modifications To The Sites And Products
We reserve the right in our
sole discretion to modify, suspend or discontinue, temporarily or permanently,
the Sites (or any features or parts thereof) or the provision of the Products
at any time and without liability therefor.
13.
Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING
SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND
CLAIMS WITH AR4 GROUP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
US.
13.1
Binding Arbitration
Except for any disputes,
claims, suits, actions, causes of action, demands or proceedings (collectively,
“Disputes”) arising out of or related to a violation of Section 8 or Disputes
in which either party seeks to bring an individual action in court or seeks
injunctive or other equitable relief for the alleged unlawful use of
intellectual property, including, without limitation, copyrights, trademarks,
trade names, logos, trade secrets or patents, you and AR4 Group agree (a) to
waive your and AR4 Group’s respective rights to have any and all Disputes
arising from or related to these Terms, or the Sites, Content or Products,
resolved in a court, and (b) to waive your and AR4 Group’s rights to a jury
trial. Instead, you and AR4 Group agree to arbitrate Disputes through binding
arbitration (which is the referral of a Dispute to one or more persons charged
with reviewing the Dispute and making a final and binding determination to
resolve it instead of having the Dispute decided by a judge or jury in court).
You agree to only bring actions against AR4 Group by way of such binding
arbitration and to not file any action in any state or federal court.
13.2 No Class Arbitrations, Class Actions or
Representative Actions
You and AR4 Group agree
that any Dispute arising out of or related to these Terms or the Sites, Content
or Products is personal to you and AR4 Group and that such Dispute will be
resolved solely through individual arbitration and will not be brought as a
class arbitration, class action or any other type of representative proceeding.
You and AR4 Group agree that there will be no class arbitration or arbitration
in which an individual attempts to resolve a Dispute as a representative of
another individual or group of individuals. Further, you and AR4 Group agree
that a Dispute cannot be brought as a class or other type of representative
action, whether within or outside of arbitration, or on behalf of any other
individual or group of individuals.
13.3 Notice, Information Dispute Resolution
You and AR4 Group agree
that each party will notify the other party in writing of any arbitral or
Dispute within thirty (30) days of the date it arises, so that the parties can
attempt in good faith to resolve the Dispute informally. Notice to AR4 Group
shall be sent by certified mail or courier to AR4 Group, Attn: Consumer
Complaint, AR4 Group, 5-10-188, Hillfort Road, Hyderabad, Telangana, India.
Your notice must include (a) your name, postal address, telephone number, the
email address you use or used for your AR4 Group purchase/account and, if
different, an email address at which you can be contacted, (b) a description in
reasonable detail of the nature or basis of the Dispute, and (c) the specific
relief that you are seeking. Our notice to you will be sent electronically in
accordance with Section 3 and will include our name, postal address, telephone
number and an email address at which we can be contacted with respect to the
Dispute, (y) a description in reasonable detail of the nature or basis of the
Dispute, and (z) the specific relief that we are seeking. If you and AR4 Group cannot
agree how to resolve the Dispute within thirty (30) days after the date notice
is received by the applicable party, then either you or AR4 Group may, as
appropriate, commence an arbitration proceeding or, file a claim in court.
13.4
Process
Except for Disputes arising
out of or related to a violation of Section 8 or Disputes in which either party
seeks to bring an individual action in small claims court or seeks injunctive
or other equitable relief for the alleged unlawful use of intellectual
property, including, without limitation, copyrights, trademarks, trade names,
logos, trade secrets or patents, you and AR4 Group agree that any Dispute must
be commenced or filed by you or AR4 Group within one (1) year of the date the
Dispute arose, otherwise the underlying claim is permanently barred (which
means that you and AR4 Group will no longer have the right to assert such claim
regarding the Dispute). You and AR4 Group agree that (a) any arbitration will
occur in the State of Telangana, (b) arbitration will be conducted
confidentially by a single arbitrator in accordance with the rules of the
Judicial Arbitration and Mediation Services (“JAMS”), which are hereby
incorporated by reference, and (c) that the state or federal courts of the
State of Telangana and in India, respectively, sitting in the State of
Telangana , have exclusive jurisdiction over any appeals and the enforcement of
an arbitration award. You may also litigate a Dispute in the small claims court
located in the state of your billing address if the Dispute meets the
requirements to be heard in small claims court.
13.5 Authority of Arbitrator
The arbitrator will have
(a) the exclusive authority and jurisdiction to make all procedural and
substantive decisions regarding a Dispute, including the determination of
whether a Dispute is arbitrable, and (b) the authority to grant any remedy that
would otherwise be available in court; provided, however, that the arbitrator
does not have the authority to conduct a class arbitration or a representative
action, which is prohibited by these Terms. The arbitrator may only conduct an
individual arbitration and may not consolidate more than one individual’s
claims, preside over any type of class or representative proceeding or preside
over any proceeding involving more than one individual.
13.6 Rules of JAMS
The rules of JAMS and
additional information about JAMS are available on the JAMS website. By
agreeing to be bound by these Terms, you either (a) acknowledge or agree that
you have read and understand the rules of JAMS, or (b) waive your opportunity
to read the rules of JAMS and any claim that the rules of JAMS are unfair or
should not apply for any reason.
13.7
Opt Out Right
You have the right to opt
out of binding arbitration within thirty (30) days of the date you first
accepted the terms of this Section 13 by writing to: AR4 Group. In order to be
effective, the opt out notice must include your full name and clearly indicate
your intent to opt out of binding arbitration. By opting out of binding
arbitration, you are agreeing to resolve Disputes in accordance with Section 14.
14.
Governing Law And Venue
These Terms, your access to
and use of the Sites and your order, receipt and use of the Products shall be
governed by and construed and enforced in accordance with the laws of the State
of Telangana, without regard to conflict of law rules or principles (whether of
the State of Telangana or any other jurisdiction) that would cause the
application of the laws of any other jurisdiction. Any Dispute between the
parties that is not subject to arbitration or cannot be heard in small claims
court, shall be resolved in the state or federal courts of the State of
Telangana and India, respectively, sitting in the State of Telangana.
15.
Termination
Notwithstanding anything
contained in these Terms, we reserve the right, without notice and in our sole
discretion, to terminate your right to access or use the Sites and to order,
receive and use the Products, at any time and for any or no reason, and you
acknowledge and agree that we shall have no liability or obligation to you in
such event and that you will not be entitled to a refund of any amounts that
you have already paid to us, to the fullest extent permitted by applicable law.
16.
Severability
If any term, clause or
provision of these Terms is held invalid or unenforceable, then that term,
clause or provision will be sever-able from these Terms and will not
affect the validity or enforce ability of any remaining part of that term,
clause or provision, or any other term, clause or provision of these Terms.
17.
Survival
The following sections will
survive the expiration or termination of these Terms and the termination of
your AR4 Group account: all defined terms and Sections 1, 3, 4, 5 (first
paragraph only), 6, 7, 8 (second paragraph only), 9 through 19.
18.
International Use
We make no representation
that information on this Site is appropriate or available for use outside the
India. Those who choose to access this Site from outside the India do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
19.
Miscellaneous
These Terms constitute the
entire agreement between you and AR4 Group relating to your access to and use
of the Sites and your order, receipt and use of Products. These Terms, and any
rights and licenses granted here under, may not be transferred or assigned by
you without the prior written consent of AR4 Group. No waiver of any provision
of these Terms will constitute a waiver of such provision in any prior,
concurrent or subsequent circumstance, and AR4 Group’s failure to assert any
right or provision under these Terms shall not constitute a waiver of such
right or provision. Except as otherwise provided herein, these Terms are
intended solely for the benefit of the parties and are not intended to confer
third-party beneficiary rights upon any other person or entity.
This Terms of Use was
last updated on March 01,2022.