Terms & Conditions

Welcome to arqené!

The terms and conditions as set out herein (“Terms”) constitute an agreement between Arqene Designs Pvt. Limited (“we”, “us” or “our”), which operates the arqené Platform (defined below) and a natural or legal person who accesses and/or uses arqené Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on arqené Platform (“Service(s)”), as updated from time to time.

By using the arqené Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the arqené Platform. If you have any questions about the terms, please contact atinfo@arqene.com.

Please note that your access to the Services, other platforms or utilization of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilization of the Product.

These Terms govern your use of the arqené Platform and transaction or dealings thereon.

PART A – TERMS AND CONDITIONS FOR USAGE OF arqené

1. GENERAL

1.1 The terms and conditions for usage of arqené Platform, as set out herein (“Terms of Use”) specifically govern your access and use of the arqené Platform, which provides a forum for you to inter alia enable you to discover, select and buy Products listed on thearqené Platform at the indicated price at any time, from the locations serviceable by us.

1.2 Please note that we may from time to time change the Terms of Use that govern your use of the arqené Platform. Every time you wish to use our arqené Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time.

1.3 Any accessing, browsing, or otherwise indicates your agreement to these Terms of Use, the Privacy Policy of the platform and any other policies or guidelines that may be applicable on the platform.

1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable.

1.5 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement.

2. REGISTRATION OF YOUR ACCOUNT

2.1 In order to purchase Products on the arqené Platform and/or avail the Services, you may choose to register on the platform or checkout as a guest. Registration is a one-time process.

2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account.

2.3 You will immediately inform us of any unauthorized use of the account or any other security breach and ensure that you log out of your account at the end of each session.

3. COMMUNICATION AND UNSUBSCRIPTION

By accepting the Terms of Use, you also accept to receive news, updates, offers or campaign related SMS, calls, emails or notifications from us regarding services or offerings.

3.1. By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the arqené Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018

3.2. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

4. DISCLAIMER OF WARRANTIES

We will try to ensure that all information and recommendations provided as part of the arqené Platform are correct at the time of inclusion. However we do not guarantee the accuracy or completeness of the information.

4.2. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the arqenéPlatform shall constitute an invitation to invest in us or any affiliates. Any use of this arqené Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this arqené Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

4.3. As means to assist the users in identifying the Products of their choice, we provide visual representations on the arqené Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons

4.4. Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

We do not covenant or provide any representations and warranties:

In respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on arqené Platform;

that the operation of the arqené Platform, including the functions contained in any content, information and materials on the arqenéPlatform or any third-party sites or services linked to the arqenéPlatform will be uninterrupted, or that the defects will be rectified, or that arqené Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

Disclaimer -To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the arqené Platform.

5. AVAILIBILITY AND ACCESIBILITY OF arqené PLATFORM

5.1. We control and operate this arqené Platform from India and make no representation that the materials and the content available on the arqené Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Urban Ladder Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

5.2. We have several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.

5.3. We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the arqené Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the arqené Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

6. THIRD PARTY INTERACTION AND LINKS

6.1. In your use of the arqené Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of arqené Platform or access any other third-party website linked to the arqené Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

7. COPYRIGHTS IN CONTENT

7.1. The arqené Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights [“Arqene (or arqené or arqené) Content”]. All copyright and other intellectual property rights in the arqené Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the arqené Content as part of arqené Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the arqené Platform are either owned by or licensed to us

7.2. You may use and display the arqené Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on the arqené Platform, only for identifying Products, carrying out purchases of Products and for using and printing copies of the information on the arqené Platform for your personal use and store the files on your computer for personal use only and not for business purposes

7.3 You may not:

7.3.1. copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any arqené Content contained in the arqené Platform. These restrictions apply in relation to all or part of the arqené Content available on the arqené Platform;

7.3.2. copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system

7.3.3. reproduce any part of the arqené Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site;

7.3.4. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from arqené Platform; or

7.3.5. link any other material to the arqené Platform, without our express written consent.

7.4. The license granted to you does not include a license for:

7.4.1. resale of Products or commercial use of the arqené Platform or arqené Content,

7.4.2. any collection and use of product listings, description, or prices,

7.4.3. any use of arqené Platform, the Services and/or of arqené Content other than as contemplated in these Terms of Use,

7.4.4. any downloading or copying of login credentials of user,

7.4.5. any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of arqené Platform, and

7.4.6. creating and/or publishing your own database that features parts of the arqené Platform.

7.5. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at info@arqene.com and let us know of your concerns.

8. TRADEMARKS

All trade names, logos and marks associated with us and our products are trademarks or registered trademarks of Arqene Designs Pvt. Limited.

9. LICENSE AND USE OF YOUR CONTENT

9.1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the arqené Platform.You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.

9.2. You agree that we do not routinely monitor your postings on the arqené Platform but reserve the right to do so. However, if we become aware of inappropriate use of arqené Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate.You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

9.3. Submissions and unauthorized use of any materials contained on the arqené Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.You alone are responsible for your actions or the actions of any person using your username and/or password.As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the platform or the use of the platform by any person using your username and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

9.4. We reserve the right to terminate access to this platform at any time and without notice.Further, this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use.Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.You grant us a royalty‑free, perpetual, irrevocable and non‑exclusive right to use content or material posted by you on the platform for operational, promotional or service purposes.

10. USER WARRANTIES AND RESTRICTIONS

10.1. You represent and warrant that:

10.1.1. your use of arqené Platform and/or Services will not violate any applicable law or regulation;

10.1.2. all information that is submitted to us in connection with arqené Platform and/or Services is true, accurate and lawful;

10.1.3. use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory).If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever.You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

10.2. You will use arqené Platform for lawful purposes only and will not undertake any activity that is harmful to arqené Platform or its content or otherwise not envisaged through the arqené Platform.You have a limited license to access and use arqené Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

10.3. You will not do any of the following:

10.3.1. Delete or modify any content on arqené Platform, such as any information regarding the Services, their performance, sales or pricing;

10.3.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search arqené Platform;

10.3.3. Make false or malicious statements against the Services;

10.3.4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage arqené Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of arqené Platform and/or the Services;

10.3.5. Introduce any trojans, viruses, any other malicious software, any bots or arqené Platform for any information;

10.3.6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

10.3.7. Hack into or introduce malicious software of any kind onto arqené Platform;

10.3.8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

10.3.9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the internet.

10.4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through arqené Platform, any information that:

10.4.1. belongs to another person and to which you do not have any right;

10.4.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

10.4.3. harms minors in any way;

10.4.4. infringes any patent, trademark, copyright or other proprietary rights;

10.4.5. violates any law for the time being in force;

10.4.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

10.4.7. impersonates or defames another person; or

10.4.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.You represent that your use of the platform will not violate any applicable law or regulation and that all information submitted by you is accurate and lawful.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

11.1. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of arqenéPlatform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. APPLICABLE LAW AND JURISDICTION

12.1. These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the arqené Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Gurugram, Haryana, India for the resolution of all such disputes.

13. GRIEVANCE OFFICER

13.1. In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:

Name: Mehul Singhal

Email: mehul@arqene.com

Customer Care: +91-7017557216

Address: B-92, South City I, Sector 30, Gurugram, Haryana 122009

14. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with obligations if such delay arises from causes beyond our reasonable control.

15. WAIVER

No provision in these Terms shall be deemed waived unless such waiver is provided in writing and signed by us.

16. SEVERABILITY

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain valid and enforceable.

17. AMENDMENT

These Terms are subject to amendments and may be updated from time to time without prior notice.

18. MISCELLANEOUS

18.1. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.

18.2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of arqené Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

PART B – TERMS AND CONDITIONS OF SALE ON arqené PLATFORM

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. OUR CONTRACT OF SALE

1.1. Listing and display of a Product by us on arqené Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on arqené Platform by you is your offer to buy the Product(s) from us.

1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the arqené Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

1.7. All orders placed on arqené Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

1.8. You hereby authorize us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

2. PRODUCT AVAILABILITY

2.1. We list availability information for the Products on the relevant webpage of arqené Platform. Beyond what we say on that webpage or otherwise on arqené Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

3. PRODUCT PRICING

3.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

3.2. Products in your shopping cart of arqené Platform will reflect the most recent price as displayed on the Product’s information webpage on arqené Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.

4. LICENSES

4.1. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

5. TAXES

5.1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

6. ELIGIBILITY

6.1. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use arqené Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on arqené Platform only with the involvement of a parent or guardian.

7. LIMITATION OF LIABILITY

7.1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

8. AMENDMENTS

8.1. We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

9. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

10. WAIVER

10.1. No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Gurugram, Haryana, India.

12. MISCELLANEOUS

12.1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

12.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.