Terms & Conditions General Introduction Any use of the website www.arresto.in (hereinafter referred to as “Website”) and the mobile application named arresto_connect (hereinafter referred to as “Application”), owned and operated by Arresto Solutions Pvt. Ltd., a company incorporated and existing under the provisions of the Companies Act, 1956/ 2013 having its registered office at Mahagun Moderne, 027 Catania, Sector-78, Noida-201301 (hereinafter referred to as “Arresto,” or “us,” or “we”) is subject to these Terms of Use. For the purposes of these Terms of Use, the term ‘User’ shall mean any person registering/ downloading or using the Application. The term ‘User’ shall mean any person including registered licensee or Arresto or its client downloading or using the Application after providing the requisite information in order to access the Application. These Terms of Use are provided in an electronic format as prescribed under the Information Technology Act, 2000, the Rules made thereunder and the amendments regarding documents preserved in electronic format. These Terms of Use will govern the use of Website and Application by the User(s). Downloading, installing, browsing or otherwise using the Application signifies acceptance of these Terms of Use as well as formal agreement to be legally bound by the same. These Terms of Use constitute the comprehensive terms and conditions for the use of the Application. Any non-compliance with these Terms of Use may lead to disqualification from using the Application. Arresto reserves all rights to alter these Terms of Use as it may deem fit in its sole and absolute discretion without any obligation of issuing prior notification. Any major change or revision in these Terms of Use will be communicated to the User along with the date when the modification was made. This document is an electronic record generated by a computer system and does not require any physical or digital signatures. Any changes made to these Terms of Use by Arresto will be effective immediately and any continued use of the Website or Application after such change constitutes acceptance of such changes. In order to use the Application, agreement to these Terms of Use is the first step. The Terms of Use can be accepted by simply clicking on the space provided adjacent to “I Agree to Terms & Conditions”. The Application must not be used in any manner in case there is non-acceptance of these Terms of Use or inability to be bound by them. Registration Process The User shall be entitled to use the Application by registering on the Application after furnishing all relevant information as sought by Arresto. The User who chooses to register on the Application and provide the requisite details, shall be responsible for maintaining the confidentiality of its username and password. On successful registration, the User will be able to access his/her own account by using the username and password chosen during the registration process. The User(s) shall be responsible for all activities that occur through his/her username and password. Further, the User agrees, inter alia, to: Provide true, accurate, current and complete information as prompted by the Application’s registration form while registering (such information being the “Registration Data”); Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; Immediately notifying the Application of any unauthorized use of password or account or any other actual or suspected breach of security; and Ensure logging out from account at the end of each session. For the purposes of these Terms of Use, the term ‘Personally Identifiable Information’ or ‘PII’ shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by Arresto which is sufficient to identify an individual. In relation to any PII being saved or processed, Arresto shall meet the requirements of Information Technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure the PII of the User. As the first step of the Registration process, the Application may require the following PII to be provided, including without limitation to: Name (First and Last name); Email address; Mobile number; Address; Country; Province state; City; Company Name; Company Address; Upon collection, the above-mentioned information shall be subject to the Privacy Policy of the Application. The User(s) shall be individually responsible for the accuracy and correctness of all such details/information provided during registration on the Application. If Arresto has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with these Terms of Use, then Arresto shall be entitled to cancel or indefinitely suspend or block access to the Application and refuse to provide access permanently or for such period as Arresto deems fit. Arresto shall not be liable for any loss or damage arising from failure of the User(s) to comply with these Terms of Use. Arresto shall not be liable for any unauthorized hacking of the Application leading to leakage and misuse of PII. The User shall not – select a username, mobile number, email address or any other personally identifiable information of any other person with the intent to impersonate that person; or use a name or contact details subject to any rights of any other person without appropriate authorization. In case a User does not adhere to the above conditions, Arresto reserves the right to refuse registration of or cancel registration of such User in its discretion. Internet Carrier charges levied for the use of the Application shall be borne by the User(s) himself/ herself. Arresto does not levy any registration fees for the purpose of registration on the Application nor does not charge any fee for use of the Application, however, Arresto reserves the right to levy fee for specific service provided as per the request of the User. Eligibility Criteria Before making any use of Website or Application, User(s) hereby represents and warrants of being at least eighteen (18) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use. In case the User(s) who are below the age of eighteen (18) years wish to use the Website or Application, then such use shall be under the direct supervision of the legal guardian or parents of the User, who have agreed to these Terms of Use on behalf of such User. In the event a minor uses the Website or Application, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by his/ her legal guardian or parents. Arresto will not be responsible for any consequence that arises as a result of misuse of any kind of the Website or Application that may occur by virtue of any person including a minor registering for using the Website or Application. Arresto reserves the right to terminate a User account and / or refuse to provide a User(s) with access to the Website or Application if it is discovered that such User(s) is under 18 years of age and his/ her parent/legal guardian do not consent to use of Website or Application or if any information provided by the User(s) is inaccurate. It is agreed that Arresto does not have the responsibility to ensure that User conforms to the aforesaid eligibility criteria. Any person under the age of 18 years should seek the consent of their parents/legal guardians before providing any information about himself/ herself or his/ her parents/ legal guardian on the Website or Application. Only those Users which comply with all laws and regulations in force shall be eligible to register with Arresto, and the Website and Application shall be used only in compliance with these Terms of Use in a manner that does not violate Arresto’s legal rights. Privacy Policy Arresto shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. Arresto has installed internal checks and mechanisms to ensure the same. Purpose of collecting PII: The major purposes for the collection of PII are listed below: For improving services offered and received using the Website; For keeping internal records; For market research purposes; For the purpose of enhancing User’s experience. In case a User changes his/ her mind and wishes to discontinue sharing his/ her PII, he/ she/ it may express such intention by mailing at info@arresto.in. Arresto reserves the right at all times to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order. To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy. Prohibited Use The Users shall use the Website or Application solely for personal and non-commercial purposes. The Users shall not decompile, reverse engineer, or disassemble the contents of the Application or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the use of Website or Application. The User shall not use the Application in any way that is unlawful or harms the goodwill or reputation of Arresto. The User shall not use the Application in any way which: Interferes with another person’s use of the Website or Application; Makes or transmits electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else; Transmits or makes available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website or Application, interests or rights of other User(s) or limit the functionality of any computer software, hardware or telecommunications; Uses the Website or Application in any manner that could damage, disable, overburden or impair any of the Arresto’s servers or the networks connected to any of the servers on which the Application is hosted; Use the Website or Application for purposes that are not permitted by these Terms of Use or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction. Access The User’s access to the Website or Application may be occasionally suspended or restricted for the purpose of repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. There is no warranty, representation or guarantee that the Website or Application, or the use thereof will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that any information, software or other material accessible from the Website or Application is free from viruses or other harmful components. Arresto does not warrant, guarantee or make any representation regarding the use of or the results arising from the use of the Website or the Application either in terms of its compatibility with hardware or other software or equipment, and the User must assume all responsibility and risk for use of the Website or Application its services, information. Breach Without limiting other remedies, Arresto may, at its sole discretion may limit activity of the User, immediately for temporary/ indefinite period or may suspend or terminate or block membership and/or refuse to provide access to the Website or Application in the event, including but not limited to: Breach of the Terms of Use or any other rules and policies as displayed on the Website or Application; If Arresto is unable to verify or authenticate the information furnished by the User; In such circumstances wherein Arresto is of the opinion that there is a violation of any law(s) in force. The User(s) willing to use the Application also agrees that any breach of these Terms of Use or any other rules or policy as displayed on the Website or Application will constitute an unlawful and unfair business practice, and will cause irreparable harm to Arresto, for which monetary damages would normally be inadequate. In case payment of monetary damages is deemed adequate remedy in Arresto’s opinion, the User(s) consents to pay the same to Arresto, which shall not forestall the obtaining of any injunctive or equitable relief that Arresto deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies Arresto may have in law or in equity. If Arresto initiates any legal action as a result of any breach of these Terms of Use or any other rules or policy, Arresto shall also be entitled to recover all reasonable legal costs in respect of such action, in addition to any other relief available to Arresto under law. Intellectual Property Rights Intellectual Property of Arresto includes, but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Arresto, content made literary and artistic works, schematics, patents, proposed trade secrets, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/ contracts entered by the Company, formulas, in-house software, VPN etc. Intellectual Property of Arresto also extends to the content made available by the Arresto to the User. Arresto reserves the right to take any legal recourse available for the protection of its Intellectual Property. All intellectual property rights including trademarks & logos of Arresto and the Website & Application shall vest in Arresto and the User shall not indulge in any act that construes such trademarks & logos of Arresto belong to the User. User shall not use, receive or copy any source code and look and feel of the Website or Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code of the Website or Application for any purpose whatsoever. Access or use of the Application does not confer and shall not be construed as conferring upon anyone the license to use Arresto’s Intellectual Property Rights. Posting of Content Arresto enables its User(s) to post messages, photographs and video in a various segment as may be desired by User(s) depending on the area, city, state or country the Users in their respective segments will receive the concerned User’s post. All posts, pictures, photographs, data and any other content (hereinafter referred to as “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the User and the person who originated such Content. The User shall be solely responsible for all the Content posted from his/ her account and all activities carried on from his/ her account. Arresto shall take all reasonable steps for the protection of Content added to its cloud server by the User from the use of his/ her account. Arresto is under no obligation to monitor or control the Content posted on the Application and, Arresto cannot take responsibility of the correctness and accuracy of such Content. Any use or reliance on any Content or materials posted on the Website or Application or obtained by the User on the Website or Application is at the User’s own risk and prudence. Arresto does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Website or Application or endorse any opinions expressed on the Website or Application. The User understands that by using the Application, the User may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will Arresto be liable in any way for any Content whatsoever, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Website or Application. Arresto reserves the right to modify or adapt the User’s Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. The User agrees that he/she is responsible for use of the Website or Application, for any Content provided, and for any consequences thereof, including the use of Content by other users and third-party associates of Arresto. The User represents and warrants that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. Termination/Deletion of Account The User is solely responsible for properly deleting his/her account, by sending an email to _info@arresto.in. All of the User’s content will immediately be inaccessible from the Website & Application upon deletion. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted. Arresto, in its sole discretion, has the right to suspend or terminate the User’s account in case of prolonged inactivity or misuse of the Website or Application which is a violation of any provision(s) of these Terms of Use or violation of any applicable law. Such termination will result in the deactivation or deletion of the User’s account or access to the account, and the forfeiture and relinquishment of all Content in the account. Arresto reserves the right to refuse service to anyone for any reason at any time. Right of the Owner of the Website to Monitor the Content Arresto reserves the right to monitor the Content available on the Website or Application whether made available by itself or by any User. Indemnification The User agrees to indemnify, defend and hold harmless Arresto and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from the use of the Application and any violation of these Terms of Use or any applicable law. Limitation of Liability To the fullest extent permitted by applicable laws, in no event shall Arresto be liable for any damages resulting from any of the following: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Services including the Website or Application; any unauthorized access to or use of our servers and/or any and all PII stored therein; any interruption or cessation of transmission to or from our servers; any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party; any loss of data or content; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory; the disclosure of information pursuant to these terms or our Privacy Policy; The User’s failure to keep the password or account details secure and confidential; In no event shall Arresto or any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. Force Majeure The term force majeure shall include, but not be limited to fires, floods, acts of God or the public enemy, embargoes, wars (declared or undeclared), riots, civil commotion, interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s), including (without limitation) certification, clearance or other document, or any other cause or contingency beyond the control of Arresto in any of the aforesaid events. Arresto shall not be liable for failure to perform or any delay in performance of services when and to extent that such failure or delay is due to force majeure. Dispute Resolution Where any dispute or disagreement arises between Arresto and the User as to the interpretation or application of any of the terms, conditions, requirements or obligations under these Terms of Use or use of the Website or Application, such dispute or disagreement shall be amicably resolved vide mutual discussions. In cases of failure to resolve the dispute/ disagreement resolved within 30 days of such discussions the dispute shall be referred to and finally resolved by the laws in force. Governing Law and Jurisdiction These Terms of Use shall be governed by the laws of Republic of India and the User(s) willing to utilize the Application hereby consents to the exclusive jurisdiction of courts in Uttar Pradesh, India in all disputes arising out of or relating to the use of the Website or Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including but without limitation to this paragraph. Severability If any of the provisions of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Headings Headings of the sections of these Terms of Use are inserted for convenience reasons only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the content of the respective sections.