TERMS OF USE

Welcome to Archdais!

These terms and conditions administer your use of Archdais and provide you with all the necessary information about the Archdais services, we have drafted the term of use so that you will know the rules that govern your relationship with Archdais Network Pvt. Ltd. and its subsidiaries and affiliates (hereinafter collectively referred to as “Archdais”, “We”, “Us” or “Our”) and set forth the terms and conditions under which Archdais makes available its website https: ://www.archdais.com/ (the “Site”) and/or mobile application (the “Application”), collectively known as “Services”, to each person assessing or using the Services.

These Terms do indeed form a legally binding Agreement between you and Archdais. You agree to these terms when you use our services or even if you decide to simply browse through our website. So please read them carefully.

The terms “you,” “user” and “users” refers to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES IN ANY FORM.

DEFINITIONS

  • “Intellectual Property Rights” means and include without limitation all copyrights, patents, trademarks, trade secrets and other related documents and shall remain, the sole and exclusive property of Archdais.

  • “Third parties” include but are not limited to the developer, hosting, google analytics & search engine providers, payment providers.

  • “User(s)” (hereinafter collectively referred to as “You”, “Your”, “User”), mean our user(s) who use our Services

  • “User Content” means all electronic data, text, messages or other materials, including personal data of Users, submitted to the Service(s) by You in connection with Your use of the Service(s).

  • “Applicable Data Protection Law” means the data protection law of the country you reside in.

The Archdais promise

We at Archdais, with our unique services, are dedicated to our goal of forming a stronger, well-connected community of Architects others for the benefit of Architecture.

Opportunity to connect, communicate and share

Being a small, unique and artistic community, it is important to prevent and preserve our artistic streak and let it flow. To achieve this, Archdais provides you with a network of like-minded individuals and help you to share, follow and connect with the entire community of professionals who understand and appreciate your work, in turn, helping you grow professionally and socially.

Safe platform

We at Archdais understand that ideas flow freely only when your mind is at peace. In order to give you peace of mind, we provide you with a positive, inclusive and safe environment to share your ideas, showcase your work or to connect with others. We have terms and policies which are very strictly binding, violation of which can result in serious implications. We have opted for all necessary measure to keep this platform secure. We may also share information of misuse of services or harmful content with law enforcement in case of any breach of terms.

We promise to provide you with our cutting-edge services and modify them as per the rising requirements of our users. These revolutionary services will transform the community as a whole and make struggles of professionals in this field easier.

In order to fulfil our promises completely and provide you with our revolutionary and unique services, we need you to agree on a few conditions.

Eligibility

In order to have access to our services you:

  • Must be eighteen (18) years old or the minimum legal age in your country to have access to our services;

  • Must have completed the registration process;

  • Must provide true, complete, and up to date information including contact information.

  • Must agree to the terms of use.

  • Must not be prohibited from receiving or using any of our services under the applicable law of your country.

Your Account

You need to sign up for an account on Archdais in order to use our Services.

You must provide accurate and up to date information for your account.

You promise not to (i) intentionally impersonate another person by using their name or email address, (ii) use an offensive name or email address, or (iii) use a name or email address for which you do not have proper authorization.

You are responsible for all activity that occurs on your account.

As a Registered Users or General Users of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

To achieve our goal of providing you with a safe platform, it is a must for you to abide by our terms of use requirement and conduct:

Contractual Relationship

Archdais may terminate any of these terms or any services with respect to you, or generally, cease offering or deny access to the services or any portion thereof, at any time for any reason.

By clicking on "Subscribe," "Join Now," "Join Archdais," "Sign Up" or the like, by registering, accessing or using our services or by clicking on a button or taking comparable action to indicate your affirmative recognition of this Agreement ("Terms of Use"), or by finishing the Archdais account registration process, you agree that:

  • You have read, understood and agree to be bound by this Agreement and any future modifications and additions to this Agreement as posted on www.archdais.com from time to time;

  • You are of legal age to form a binding Agreement with Archdais in the jurisdiction in which you live;

  • You have the right to enter the Agreement personally and, if applicable, on behalf of any company, organization or other legal entity you have named as the user during the Archdais account registration process and to bind that company, organization or entity to the Contract.

Users

Our services are focused on four kinds of services:

  • Students and professionals who have signed up on Archdais are the “Registered users”.

  • Visitors are the ones who access our website without signing up or creating an account.

  • Users that are neither amongst the listed professionals i.e. Architects, Interior designers, general public etc. or Architecture & Interior Design Students are termed as “other” users.

Services

The conditions of this agreement apply to www.archdais.com, Archdais branded applications, and other Archdais associated products, applications, communications, and other facilities that state they are provided under these Terms of Use including off-site information compilation for such Services, such as our advertisements. The facilities are outlined in detail below.

The site provides students, architects, interior designers, general public with a professional platform.

1. Student-oriented services

If you are a student, looking for a professional platform to have access to jobs and internships created by architects/interior designers, you may create an image-based work profile in the format provided by Archdais.

Design Competition: Another unique feature of Archdais student services is multiple student-oriented competitions. You may buy tickets to the competitions by either through our subscription plans or by purchasing a certain level of credit points. Archdais offers a marketplace to students where they can showcase their creativity on the site.

2. Services for professionals

If you’re an architect or an interior designer, you may create an image-based work profile in the format provided by Archdais. You can create and apply for jobs. You can also create or apply for internships on the site. Archdais all allows them to receive enquires for the freelance project through the site.

Design Competition: You may also participate in competitions hosted by Archdais by buying entry tickets or by earning a certain level of credit points.

3. Services for others

Users who are neither architecture students, Architects, Interior designers can create their profile to browse through the Site, and/or buy any of the payable services such as sponsorships & Advertisements.

Design Competition: Others may hold competitions on Archdais site and everyone, irrespective of their professions or qualifications, can join the competition and present their ideas. Participants are free to submit multiple entries, but each entry needs to be registered separately.

Privacy and use of your personal information

Any information that you provide to us, including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Services(“Your Information”), will be collected, maintained and used in order to provide the Services to you or your institution, or in accordance with these Terms, our privacy policy located here ("Privacy Policy"), any additional terms applicable to an individual Product, and any agreement entered into by your institution relating to the Product.

Your content your responsibility:

You’re responsible for the personal information you submit by using our services and assume all risks associated with it.

Your content stays yours:

When you upload content to Archdais, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.

Your License to Us:

You grant us a license to use your content. We in no way claim the ownership of the content that you provide us in order to avail our services, you grant Archdais (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.

Permissions:

To the extent it’s necessary, you also grant Archdais , our affiliates the unrestricted, worldwide, perpetual right and license to display your name, photograph, introduction, experience, education, portfolios etc to the user of our services.

Sharing of your data:

We at Archdais we will never sell your data to third parties except in case of merger and amalgamation. However, by providing User data to Archdais, you give us permission to use your data solely to do the things we need to do to provide our Services, including but not limited to storing, displaying, reproducing, and distributing your data. This may include providing your data with third parties for broader broadcast, distribution, or publication.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

By publishing your User Content on our Site, you agree to allow others to view your User Content including when you collaborate and use our services.

You’re responsible for the User Content you submit by using our services and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the content on our services and that doing so doesn’t conflict with any other licenses you’ve granted.

Your Feedback

We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

License for our Services

User Data Access:

A user has access to their data at all time and can make modifications to such submitted user data

Our services include a user interface that allows you to upload user content and customize certain aspects of your content. You are granted a limited right to use those services only in conjunction with the services and in accordance with these Terms and Conditions of Use.

You agree to submit accurate, complete, and up-to-date user information.

License

We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Upgrades and Updates

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

Competitions:

Archdais mainly deals with two types of Competitions:

  1. Hosted by Archdais

  2. Hosted by third party

Hosted by Archdais:

We at Archdais host design competitions and we invite everyone irrespective of their professions or qualifications to join the competition and present their ideas.

We offer awards and certifications for such design competitions.

Participants are free to submit multiple entries, but each entry needs to be registered separately.

Alongside individual entries, team entries are also allowed. A team can have a maximum of three participants.

Hosted by third party:

We at Archdais invite others to host design competitions with us. The participants, awards and certifications shall be solely decided by third party.

We shall not claim any over third-party intellectual property rights in any way whatsoever.

User conduct and requirement

You represent and warrant that you will not use our services to:

  • Violate this Agreement, or any legislation or regulations, including legislation that controls unsolicited email or other electronic advertising without restriction;

  • Engage or try, to commit an act of money laundering or any other illegal act;

  • Start any program or script to scrape, index, survey or otherwise data, or to put unduly burden or impairing the operation and/or functioning of all aspects of the service, in order to remove any part;

  • Attempt to probe, scan, test, or violate the security features of our Services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon; Unauthorised modifying the Archdais content or reproduce, display, publicly perform, distribute or otherwise use the Archdais content in any way for any personal, public or commercial purpose;

  • Encourage or help anyone do any of the things on this list;

  • Share your password, allow someone else to access your account or do anything that might put your account at risk, sell your username or otherwise transfer it for compensation;

  • Attempt to interfere by any way not expressly specified in this list;

  • Upload or transfer material that infringes our or any other party's privacy, intellectual property, or other proprietary rights;

  • Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;

  • Exploit minors in a sexual manner or promoting sexual services for adults, representing a private person who offers or sells drugs, alcohol, tobacco, firearms or other hazardous materials, including hate speech;

  • Use our trademark, logo, URL or product name meta tags, concealed text or metadata without our written permission;

  • Remove from any part of the services any copyright, trademark or other proprietary notices.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Archdais’ express prior written consent.

Acceptable use policy

You agree you will harm the Services or use the Services to harm others nor will you encourage others or assists others in the same. For example, you must not use the Services to harm, threaten, or harass another person, organization or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law or distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.

We at Archdais reserve the right!

To operate effectively and protect the security and integrity of Archdais, we need to maintain control over what happens on our services.

We may exercise the following rights at any time and in our sole discretion, and without liability or notice to you:

  1. We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

  2. We may change parts or all of the Services and their functionality;

  3. We may suspend or discontinue parts or all of the Services;

  4. We may terminate, suspend, restrict or disable your access to or use of parts or all of the Services;

  5. We may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites;

  6. We may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

  7. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.

  8. Archdais may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Archdais’ rights or property, or the rights or property of visitors to or users of the Site, including Archdais’ customers.

  9. Archdais reserves the right at all times to disclose any information that Archdais deems necessary to comply with any applicable law, regulation, legal process or governmental request.

  10. Archdais also may disclose your information when Archdais determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

  11. Archdais may preserve any transmittal or communication by you with Archdais through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Archdais determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Archdais, its employees, users of or visitors to the Site, and the public.

Advertisements

Our Services may contain advertisements. In consideration for Archdais letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

Third Party Interactions

The services may contain links to third-party Websites (“Third-Party Websites”)

  • When you click on a link to a Third-Party Website, we will not warn you that you have left our Website, server or services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination.

  • Such Third-Party Websites & Advertisements are not under the control of Archdais. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements.

  • You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  • You acknowledge and agree that our services are not responsible or liable for: (i) the availability or accuracy of such links, Websites/Apps or any other resources; or (ii) the content, products, or services on or available from such links Websites/Apps or resources.

Payment and Commercial Terms

You agree to pay all charges associated with the Services if you have opted for the paid services. Archdais offers multiple payment options to you.

You can make an online payment using your credit card, debit card, net banking, or through UPI.

If for any reason, your payment is not received by Archdais, and the same has been deducted from your respective account User shall raise this discrepancy to us. We in return shall furnish User with a token number associated with the discrepancy.

Archdais after investigating the complaint raised by the User shall process the refund.

Accounts, Passwords and Security

Most of the features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Archdais immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Archdais or any other user of or visitor to the Site due to someone else using your Archdais account, or password as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Archdais account or password at any time without the express permission and consent of the holder of that Archdais account or password. Archdais cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Termination

Our right to terminate your account

We at Archdais have the right to terminate or delete your account under the following reasons:

  • Archdais may terminate or suspend any of these terms or any services with respect to any user, or generally cease offering or deny access to the services or any portion thereof, at any time immediately to protect our services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies.

  • We may also do so, if you infringe other people's intellectual property rights, or where we are permitted or required to do so by law.

Notification of termination of your account

We may notify you when we take such action to disable or terminate your account. If you believe your account has been terminated in error and you have abided by all the terms and condition in this terms of use, you may write to us at: admin@archdais.com

Your right to terminate your account

While we hope you remain lifelong with us, you have the right to terminate these Terms at any time and for any reason by deleting your account.

Retention of your user data

In cases wherein, you do not want to stay with us anymore, and you have deleted your account, we may retain your personal information for a reasonable period of time for backup, archival, or audit purposes.

Intellectual Property Rights

Archdais mainly deals with two types of intellectual properties:

  1. Archdais intellectual property

  2. Third party intellectual property

Archdais intellectual property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Our Content, contained on the Site is owned, controlled or licensed by or to Archdais, and is protected by intellectual property rights and unfair competition laws.

Neither your use of the Services nor this Agreement grants you any right, title or interest in our copyrights, trademarks, patents or any other intellectual property owned by us.

All the intellectual property such as trademarks, copyrights, patents, trade secrets if any used on the platforms by Archdais, shall remain the property of Archdais, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platform.

Third party intellectual property

Archdais deeply respects the third-party intellectual property rights that may be implicated in providing Services. Archdais shall not claim any right over third-party intellectual property rights in any way whatsoever.

Third party intellectual property rights, and your responsibilities with respect to these rights are outlined below:

  • While creating a portfolio, using our services, you use your own image content such as photos, graphics, text etc. The image content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to image content and video content that you upload.

  • Image content shall be protected by Copyright laws, even though Copyright notice is not expressly mentioned on it. You are requested not to use content that might infringe the third-party Intellectual Property rights. Kindly take due permission from the content creator or copyright holder before using it in the video.

  • Furthermore, if you want to publish image content of someone other than yourself, you must get permission from the individuals portrayed in the image content before using the content and must add the owner using the credits attribution fields. Do not upload any image or music content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our services.

Notice of Copyright or other Intellectual Property Infringement:

Please notify us if you believe any of your intellectual property rights have been infringed by a User of our services. Please email report@archdais.com for complaints and customer service inquiries.

Disclaimers & Limitation of Liability:

DISCLAIMER OF WARRANTIES

WHILE ARCHDAIS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. WE STILL AIM TO ENSURE THAT THE INFORMATION PROVIDED IS CORRECT, ARCHDAIS DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT OF THEIR SERVICES. ARCHDAIS MAY MAKE CHANGES TO THE CONTENT, OR TO THE PRODUCTS AND, IF APPLICABLE, THE PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” ARCHDAIS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, ARCHDAIS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ARCHDAIS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY AND ARCHDAIS ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS, ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID ARCHDAIS, IF ANY, FOR THE PRODUCT YOU PURCHASED.

IN NO EVENT SHALL ARCHDAIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES, UPDATING ANY AND ALL OF YOUR CONTENT. ARCHDAIS SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.

Also, Archdais shall not be responsible, in the case user account is hacked or any unauthorised transaction is made through it.

Archdais provides the User with an option to approach Archdais in case of unauthorised access or hacking for deletion of the User account.

The User shall assume all risk, liabilities and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if, through such unauthorised access, a purchase of the product has been made through our Services. It is specifically clarified that payments of monies towards the Services by unauthorised or illegal use of the Users’ account shall entirely be borne by the user.

Indemnity

You acknowledge to defend, indemnify and hold Archdais, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

  • Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the services;

  • Your wrongful or improper use of the services;

  • Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;

The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.

Dispute Resolution:

Disputes are defined as any claim, controversy, or dispute between you and Archdais including any claims relating in any way to the present Agreement, or the services, amendments, or any other aspects of the Agreement.

For any dispute, you agree to first contact Archdais and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Archdais account. If Archdais hasn’t been able to resolve the dispute with you informally, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court.

If dispute not resolved informally

Binding Individual Arbitration

  • You and Archdais agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can.

  • Any arbitration under these general terms will only be on an individual basis.

  • Class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted.

  • You waive any right to have your case decided by a jury and further waive any right to participate in a class action against Vendekin.

  • If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).

  • All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996.

  • Any arbitration hearing will occur in India, or another mutually agreeable location.

Powers of Arbitrator

  • The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.

  • The arbitration will decide the rights and liabilities if any, of you and the Archdais.

  • The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties.

  • The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.

  • The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement).

  • The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded.

  • The arbitrator shall follow the applicable law.

  • The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Archdais.

Want to opt out of the Arbitration Agreement?

You may opt out of this Arbitration Agreement. If you do so, neither you nor Archdais can force the other to arbitrate as a result of this Agreement.

To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to: legal@archdais.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court.

Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND ARCHDAIS RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.

Archdais and different Geographical areas

Archdais administers and operates the www.archdais.com Site from its location in Pune, Maharashtra, India; may be administered and operated from various locations outside India. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside India. Archdais reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

Violation of These Terms of Use

If Archdais does take any legal action against you as a result of your violation of these Terms of Use, Archdais will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Archdais. You agree that Archdais will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

General Terms

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect.

Assignment

These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Archdais without restriction.

Any attempted transfer or assignment in violation hereof shall be null and void.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Archdais failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Updates to services

Archdais may from time to time provide enhancements or improvements to the features/functionality of services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the services. You agree that Archdais has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any features and/or functionalities of services to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the services, and (ii) subject to the Terms of this Agreement.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Archdais failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes to Terms & Conditions

Archdais reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitute your agreement to such changes.

Changes in Fees

Archdais may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Archdais makes no commitment to update the materials on the Site with respect to such products and services.

Entire Agreement

The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Archdais and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.

Governing Laws

The Agreement and any dispute arising from the same will be governed by applicable data protection law where the Services is provided.

Compliance with laws

You represent and warrant that your use of our services will comply with all applicable data protection law/ regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the applicable data protection laws.

You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are using any our services.

Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

Network Access & Devices

You are responsible for obtaining the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and any updates thereto.

In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Text Messaging & Promotional Codes

By registering with us by creating an account, you agree that we may send you text (SMS) messages or email communications as part of the normal business operation of your use of the services. You may opt-out of receiving such communication by writing to us at contact@archdais.com. You acknowledge that opting out of such communication may impact your use of the services.

Archdais may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the services and/or a third-party provider’s services, subject to any additional Terms that Archdais establishes on a per promotional code basis (“Promo Codes”). Please refer to our supplemental terms from time to time.

No Changes in Terms at your request

The terms mentioned herein shall not be changed by any one of you or your group. The same terms and conditions of use shall be applicable to all users.

We respect your valuable comments

Archdais welcomes your questions or comments regarding the Terms of use: you can write to us at the following address: E-501, Avaneesh Society, Rahul Nagar Ex-Serviceman Colony, Kothrud, Pune-411038 Maharashtra, India or email us at report@archdais.com.



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