Terms of Working with Arride Technologies Private Limited

(herein after referred to as 'Terms')

 

All prospective clients/enquiries/leads/clients (herein after referred to as 'Client' on this page) should note that Arride Technologies Pvt. Ltd., Nagpur, India (herein after referred to as 'Arride' on this page) is a Private Limited company incorporated in India. The word 'Parties' will mean both the Client and Arride together.

If you do not agree with the following terms please do not send an enquiry or work with Arride. By sending an enquiry or working with Arride you agree to the following terms.

All responses to enquiries, work or anything else done by Arride Technologies Private Limited is subject laws as they exist in Nagpur, India and will NOT be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from the enquiry or work done by Arride will be resolved through consultation between both Parties at Nagpur, India. If consultations fail to resolve the dispute both Parties agree for arbitration exclusively in Nagpur, India. Arbitrator will be appointed by Arride Technologies Pvt Ltd. Cost of arbitration will be born by the Client. The arbitration shall be the final verdict and have binding force on both Parties. Where reference to the courts is necessary, the Parties hereby submit to the exclusive jurisdiction of the courts of Nagpur, Maharashtra, India.

No Warranty: Any Services provided by Arride are “as is” without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Arride makes no representations or warranties, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, originality, non-infringement of third party rights including Intellectual Property rights, fitness for a particular use or purpose, or results to be derived from the use of the Arride's Services or Software. Arride does not represent or warrant that the operation of any of its Software will be uninterrupted or error-free. This No Warranty clause survives the expiration or termination of Clients work with Arride.

Limitation of Liability: To the fullest extent permitted by law, and not withstanding any other provision of these Terms and any other agreements associated with these Terms, the total liability, in the aggregate, of Arride and the Arride’s officers, directors, partners, employees and any associated parties, and any of them, to the Client and anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to any work or services provided by Arride or from any cause or causes shall not exceed 15% (Fifteen Percent) of the total remuneration received by the Arride from Client, or the total amount of US Dollar 250/- (United States Dollar Two Hundred And Fifty Only), WHICH EVER IS LESSER. The maximum liability of the Arride will be US $250 (United States Dollar Two Hundred Fifty Only). It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. This Limitation of Liability clause survives the expiration or termination of Clients work with Arride.

Indemnity: The Client acknowledges that Arride is providing work or services to Client "as is" and client agrees to use the work product at Client's own sole risk. Client acknowledges that the work product may be inaccurate or incomplete which may lead to incorrect or damaging results. Client acknowledges that Arride shall have no liability, contingent or otherwise, to Client or any party claiming for or through the Client for, including but not limited to, the correctness, quality, accuracy, infringement of third party rights including Intellectual Property rights, timeliness, reliability, performance, continued availability, completeness or delays, omissions or interruptions relating to the work product. This limitation applies to all causes of action, whether separately or in the aggregate, arising under or based upon, including without limitation, contract, warranty, infringement of Intellectual Property, negligence, statute, strict liability, misrepresentation or tort. Arride shall have no liability under or in any way related to work product, including liability for any loss of profit or revenue or for any consequential, indirect, punitive, incidental, special or exemplary damages, even if Arride was advised of the possibility of such loss or damages. Affiliated companies, officers, agents, directors and employees of Arride shall not be personally liable to any other party in any action or claim for indirect, incidental, consequential or special damages, infringement of third party rights including Intellectual Property rights, loss of profits, loss of opportunity, loss of product or loss of use incurred by Client or any third party, whether the action in which recovery of damages is sought is based on contract, tort (including sole, concurrent or other negligence and strict liability), statute or otherwise and arising in any way from Arride performance or nonperformance of Client's work, even if the Arride or any other person has been advised of the possibility of such damages. This Indemnity clause namely clause survives the expiration or termination of Clients work with Arride.

Conduct When Working with Arride: Arride is a professional organisation and Clients are expected to communicate with Arride and Arride's staff in a professional manner. Any degrading, derogatory, insulting, intimadatory or similar type of communications to Arride or Arride's staff will lead to Arride stopping Clients work without any liability. The No Warranty, Indemnity and Limitation of Liability clauses will continue to apply in this situation.