TERMS & CONDITIONS
Please read these Terms and Conditions carefully before using the Website www.arkafincap.com (Website). This Website belongs to Arka Fincap Limited (AFL) and may be used or accessed for informational purposes only. By accessing any part of this Website and/or using the information provided on, or downloading materials from this Website, you agree to be bound by the Terms and Conditions set forth herein. If you do not agree to abide by these Terms and Conditions please do not access / use this Website or download materials from this Website.
AFL may revise and update these Terms and Conditions from time to time. Your continued usage of the Website is considered as an implied acceptance of the changes and that you agree to abide by these Terms and Conditions for usage of this Website.
We grant you a non-exclusive, non-transferable, limited right of access to this Website. You are not permitted to archive or retain any information or content herein in any form without our prior written permission. This limited right to access the Website terminates automatically, without notice to you, if you breach any of the Terms and Conditions mentioned herein.
You agree not to use this Website for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of AFL or otherwise compromise or imperil the interests of AFL. You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by AFL and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of AFL and such others. You agree to protect the proprietary rights of AFL and all others having rights in the Website or its content during and after the term of this agreement and to comply with all reasonable written requests made by AFL or others, to protect their and others’ contractual, statutory and common law rights in the Website. You agree to notify AFL in writing, promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights. You further acknowledge that all the intellectual property in the Website continues to vest with AFL.
We reserve the right to deny you, at our sole and absolute discretion, access to the Website, including any portion thereof without any prior notice.
NO AGENCY OR PARTNERSHIP
The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.
We make no warranty that the contents of the Website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof, to any users of this Website.
The information on this Website is updated periodically. AFL gives no warranties (whether expressed or implied) or recommendations, as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of this Website or any of its contents. The content of this Website does not constitute an express or deemed opinion or an expert view. Any decisions will be based solely on your own evaluation and neither AFL or its representatives nor any third party shall be liable for any loss or damage of any kind whatsoever, caused by your reliance on the information obtained through this Website. We reserve the right to change the contents of this Website at any time without notice.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, if any, are those of the respective parties and not necessarily those of AFL. The Website may contain links to other Websites, web-pages and services also operated by other persons / entities / companies (other sites), and your use of such other sites is also subject to the terms and conditions and other terms and guidelines, if any, contained within such other sites. AFL disclaims all liability for the content and/or materials available on such other sites.
USE OF WEBSITE – EVIDENCE OF TRANSACTIONS WITH CUSTOMERS
In respect of any transactions which may be permitted by AFL from time to time, AFL’s own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. More particularly, the record of AFL generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
All rights, title and interest in this Website belong to AFL. The content and information contained within our Website or delivered to you in connection with your use of our Website is the property of AFL /affiliated companies/clients and any other third party (where applicable), and may be protected by applicable copy rights, trademarks and service marks under international treaties and/or laws of India or other countries. The copy rights, trademarks, trade names and logos (the “Trade Marks”) that are used and displayed on our Website include registered and unregistered Trade Marks held by us and other third parties are the property of their respective owners. Nothing on our Website should be construed as granting any license or right to use any Trade Marks displayed on our Website. Users are prohibited from using the same without written permission of AFL or such other parties.
All rights to use the materials on this Website are reserved and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, broadcasted, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of AFL.
AFL neither warrants nor represents that your use of material displayed on the Website will not infringe intellectual property rights of any other third parties not owned by it.
Your misuse of the Trade Marks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that AFL will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.
We discourage you from sending or posting to this Website any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, we will assume that it is not confidential. By sending or posting any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you agree that we are free to use any ideas, concepts, know-how or techniques that you send or post for any purpose whatsoever on this Website. It is also clarified that AFL will be under no obligation to destroy / discard any information shared by you on or through the website, even if specific request is made in this regard. Disclaimer of Warranties.
This Website and all services provided through it are provided “as is” with no warranties whatsoever. Except as warranted in these Terms and Conditions, we expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement. We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc. in this Website or any part thereof.
We do not warrant that access to the Website will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the Website or as to the accuracy or reliability of the content contained therein.
We make no warranty regarding the transactions entered into through the Website. No advice or information, whether oral or written, obtained by you from or through the Website or any person shall create any warranty not expressly stated herein.
We shall not be liable for any action taken by you based on or relying on the information provided in or by the Website.
We will not be liable for any virus that may enter your system as a result of you using the Website. We make no guarantees to you or third parties that the content contained on the Website would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of your use of the Website.
If you are dissatisfied with any portion of this Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
You agree, at your own expense, to indemnify, defend and hold harmless AFL and its representatives, against any claim, suit, action or other proceeding brought against AFL or its representatives and as by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the use of this Website, or any links therein, including, but not limited to:
– Your use or someone else’s use of your access to the Website;
– Your use/operation or someone using/operating or conducting any transactions, where applicable;
– A violation of the Terms and Conditions contained herein by you or anyone using your computer;
– A claim that any use of the Website by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
– Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer;
– Any misrepresentation or breach of representation or warranty contained herein made by you; or
– Any breach of any covenant or agreement to be performed by you hereunder.
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney’s fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
LIMITATION OF LIABILITY
In no event will AFL or its employees and directors be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if AFL or its employees and directors thereof, are advised of the possibility of such damages, losses or expenses.