Arré

TERMS AND CONDITIONS

Last Updated on 06 September 2022

This is an electronic record in accordance with Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time. This document is generated by a computer system and does not require any physical or electronic signature.

PREAMBLE

U Digital Content Private Limited is a company duly organized under the laws of India and engaged, inter alia, in the business of providing an online, Women (defined hereinafter)first, audio based streaming and social networking platform under the brand and style name of Arré Voice (hereinafter referred to as “Company”, “we”, “us”, “our”) which shall provide Users (defined hereinafter) the means to be heard and to drive conversations, community and commerce. The Company will provide the online Platform (hereinafter defined) to Users all over the world through its website available at www.arrevoice.com (“Website”) and mobile application(s) for Android and iOS devices under the name Arré Voice (“Application”). The Website and the Application will be jointly known as “Platform”.
The Users of the Platform may create and contribute to audio-based content in multiple languages, browse through the content through the available categories and tags, and may monetize passion, products and services by availing the features and functionalities of the Platform in accordance with the following Terms and Conditions. The Company’s role is limited to the managing Application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the Users (“Services”).

INTRODUCTION

These Terms, as may be amended from time to time, apply to all our Services directly or indirectly made available online, through this Platform. In addition, when using certain services or features on the Platform, You may be subject to any additional terms applicable to such services that may be posted on the Platform from time to time, including, without limitation, the Privacy Policy available at the Platform and any other code of conduct or general practices.
Please read these terms and conditions (“Terms”) carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform (“Privacy Policy”) and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and Company (collectively “Agreement”). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.
Any usage of the Platform in any manner whatsoever shall be governed by these Terms. If You do not want to be bound by these Terms, You must not retain, access or use the Platform in any manner whatsoever. Your agreement to these Terms shall indicate that You have the right, authority and legal capacity to agree to the Terms and that You have read, understood and agree to be bound by the same with respect to Yourself and any minor in Your care who has access to our Services. Anything done, caused to be done, whether expressly or impliedly in contravention of these Terms may render You liable for legal action.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and register and access the Services.

DEFINITIONS

In addition to the terms defined in the text of these Terms, whenever used in these Terms, unless repugnant to the meaning or context thereof, the following words and expressions shall have the following meanings:

“Account” means the virtual profile a User creates when the User successfully signs up / registers on the Platform and includes User related information collected while using the Platform and accessing the Services via such virtual profile including browsing history on the Platform, User participation and posts and Platform features or Services accessed, payment related details, etc.;
“Agreement” shall have the meaning ascribed to the term under Section 18.1;
“Business Partners” means a Person with whom the Company or the Entities have a contractual relationship for the purpose of their business including merchants, advertisers, deal partners, financial institutions and other business partners.
“Entities” means the group, affiliates and subsidiaries of the Company;
“Intellectual Property” means any invention (whether patentable or unpatentable and whether or not reduced to practice), any improvement thereto, and any patent, patent application, and patent disclosure, together with any reissuance, continuation, continuation-in-part, revision, extension, and re-examination thereof; any trademark, service mark, trade dress, logo, trade name, and corporate name, together with any translation, adaptation, derivation, and combination thereof and including any goodwill associated therewith, and any application, registration, and renewal in connection therewith; any copyrightable work, any copyright, and any application, registration, and renewal in connection therewith; any mask works and any application, registrations, and renewals in connection therewith; any trade secret and confidential business information (including any idea, research and development, know-how, formula, compositions, manufacturing and production process and technique, technical data, technical know-how design, drawing, specification, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); any computer software (including artificial intelligence, chatbot, data and related documentation), databases, programming, codes and schemas; any other proprietary right; any copies and tangible embodiments thereof (in whatever form or medium); any license or sublicense of an Intellectual Property right, whether exclusive or non-exclusive to us; internet domain name registrations and rights; and any software, features, design, programming, application, development work and/or promotion, advertising which in any way contributes/supports, tests, helps the business of the Company whether developed by a third party or employees of the Company or outsourced by us;
“Person(s)” shall mean any individual, sole proprietorship, unincorporated association, body corporate, corporation, company, partnership, limited liability company, joint venture, Governmental Authority, trust or any other entity or organization;
“Platform” shall include the website and mobile applications(s) referred to under Section 1.1 along with website(s), mobile application(s), devices, links, notifications, artificial intelligence, software, chatbot, or any other medium owned or used by the Company and Entities to provide the Services to Users;
“User”, “You”, “Your” means the relevant Woman who has signed up / registered for the Services provided by the Platform and/or has access to/uses the features and functionalities of the Platform and who in connection with the Platform and the Services may access or avail or host, publish, share, transact, view, display, download or upload any information on the Platform;
“Service Providers” means a party whose services are used by the Company or the Entities in order to provide the intended Services to You through / on the Platform; and
“Services” shall have the meaning collectively ascribed to the term under Section 1.2;
“Woman” means a woman and any person who identifies or relates to themselves as a woman.

SERVICES

Your right to use the Services is subject to the limitations, conditions, and restrictions established by us from time to time, at our sole discretion. You must provide certain devices, software, and data connection(s) to use our Services, which we otherwise do not supply. For as long as You use our Services, You consent to downloading and installing updates to our Services, including automatically. We may alter, suspend, or discontinue the Services at any time, without any prior intimation to the User. We may also impose limits on certain features and aspects of the Services or restrict Your access to certain parts of the Services or all of the Services and have the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, without any intimation and liability on us, either to You or to any third party.
By using the Platform, You acknowledge that while we take every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance, as may be required for effective functioning of the Platform. You understand and acknowledge that the Services could be interrupted, suspended, or terminated due to any reason whatsoever, without any fault of ours and therefore we shall not be held liable in any manner whatsoever, for any loss to anyone due to such interruption, suspension or termination of Services without any fault of ours.
You acknowledge that the Company may establish and update, in its sole discretion, these Terms, the Privacy Policy, code of conduct and general practices concerning use of the Platform and Services at any time, with or without notice, including without limitation the maximum period of time that data or other content will be retained by the Company. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded on the Platform or provided through use of the Services.

ELIGIBILITY AND GENERAL CONDITIONS

You may be required to register as a User on the Platform in order to access and use certain features and functionality of the Platform and Services. Any Woman is eligible to register on the Platform in the manner provided herein. If You choose to register on the Platform and make use of any of the Services, You agree to provide and maintain true, accurate, current and complete information about Yourself as prompted by at the time of registration. All such information shall be collected and governed in accordance with our Privacy Policy (link provided hereinabove).
You must be at least 18 (eighteen) years of age and / or have attained the prescribed age of lawful majority under the legal jurisdiction to which You are subject and possess the legal authority to enter into an agreement so to register as User and use the Platform and / or Services. A person who has previously been registered as a User but whose User account was disabled by us for any violation of the Agreement will not be eligible to register as a User.
Your conduct on the Platform is subject to the laws, regulations, and rules of applicable authorities. You agree that You are not prohibited from using our Services under the laws applicable to You in any manner. We reserve the right to terminate a User’s account and / or block access of a User to User’s account on this Platform and the Services if it is discovered that You are a minor or incompetent to contract according to the applicable law or any information pertaining to Your age or eligibility entered at the time of creation of Your Account with on the Platform is false and for other reasons in our sole discretion, including if a User’s Account is inactive for an extended period of time.
You are responsible for maintaining the confidentiality of Your login details (such as Your username, passwords and related information used or submitted by You to access certain functionalities of the Platform) and Your Account. You agree to (a) immediately notify us of any unauthorized use of the same or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from Your failure to comply with this. You fully acknowledge and understand that You shall be solely liable and responsible for all the activities undertaken under Your Account and any consequences therefrom.
To the extent You access Services through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Services or features of the Platform through a mobile may be prohibited or restricted by Your carrier, and not all such services or features may work with all carriers or devices. By using the Services through mobile, You agree that we may communicate with You regarding the Company and Entities by text message or other electronic means to Your mobile device and that certain information about Your usage of the Services and Platform and Your device will be available to us and we may store certain information, including on Your device for the purpose of this Agreement. If there is any change to Your contact number, You agree to promptly update Your Account information to ensure Your communication is not sent to another person.

CONTENT POLICY

As User, You hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license in respect of any manner of content generated by the User on or through our Platform or our Services, including to display and publish, monetise such content as felt appropriate, in any media format(s) through any media channels, and to delete such content. You also grant the Company, the Entities and our Business Partners the unrestricted, worldwide, perpetual right and license to use Your name, likeness, and voice with respect to such content. We do not claim any ownership or modification or derivative rights in any such content or to the underlying works in respect of such content.
You agree that Your use of the Platform and / or Services will not grant You any right to any compensation in any form, including any share in revenue or value from the Company, the Entities, or our Business Partners. You will not be entitled to any compensation from the Company, the Entities, or our Business Partners.
You acknowledge that the Company may record and save all or any of the audio content submitted by Users on the Platform and may make use of the same and other content in accordance with the Agreement between us or for the purpose of ensuring compliance with any prevailing laws. If You are not comfortable with us recording the audio content or using the content submitted on the Platform, please refrain from submitting the same. The Company may make certain audio and other content available for export from the Platform for sharing on other online platforms, subject to the inclusion of a Platform voice stamp or mark. With respect to audio content created through use of our Services and exported from the Platform,
You will be solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that You upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You represent and warrant that You own all the content generated by the User on or through our Platform or our Services or upload of the Platform, or otherwise have the right to grant the license set forth in this Section, and posting and use and uploading of Your content on or through our Platform or our Services does not: violate the contractual rights, intellectual property rights or any other rights of any person, result in a breach of contract between You and a third party and does not violate any applicable laws and regulation or any code of conduct or general practices available on the Platform.
1. You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information or content on the Platform and / or through use of our Services that:
2. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender and sexual preference, libellous, racially or ethnically objectionable, relating to violence or terrorism, pertains to speeches towards hatred or bias towards religion or person, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
3. is harmful to minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
5. violates any law for the time being in force;
6. knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact or which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person or use an anonymous proxy;
8. solicit personal information from anyone under the age of 18;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign nations, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nations;
10. use or collect email addresses or other contact information of other Users from the Service/ Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications or unauthorized communication;
11. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
12. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
13. would result in the invasion and/or breach of privacy of any Person;
14. may give rise to liability on part of the Company or cause the Company any hindrance (in whole or in part);
15. impersonate any person or entity, or falsely state or otherwise misrepresent your association or affiliation with a person or entity;
16. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized or illegal in nature;
17. promote or aid in the building of a competitive product or service, copy the Platform’s features or user interface, or solicit users or customers from the Platform ;
18. engage in any conversation or otherwise upload any content that (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (v) in the sole discretion of the Company is objectionable or which restricts or inhibits any other person from using or enjoying the Platform or any of the Services, or which may expose the Company and/ or its users to any harm or liability of any type;
19. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
20. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
21. abstract, download, store, reproduce, transmit, display, copy, distribute or use the contents available on the Platform other than as permitted in these Terms, including but not limited to sending any unsolicited promotional or advertising material or messages.

You shall not use any device, program, algorithm or methodology, or any manual or digital process, to access, acquire, copy or monitor any portion of the Platform or any content on the Platform to which you have no rights, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any such content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.

You acknowledge and agree that the content uploaded is the sole responsibility of the User who has uploaded such content and the views expressed are their own. You shall be solely responsible for the content posted, shared, modified uploaded, transmitted, updated and hosted by You. The Company is not responsible for the content posted by the Users, or any consequences thereof.

We shall not host, upload, store or publish and do not permit our Users to publish any unlawful information which is prohibited under any law for the time being in force including in relation to the interest of sovereignty and integrity of any country, security of the State, friendly relations with foreign states, public order, decency or morality, in relation to contempt of court, defamation, incitement to an offence relating to the above or any information which is prohibited under any law for the time being in force. Upon actual knowledge any such information is being hosted, we shall have the right to remove or disable access to that information.
In case of any violation of these Terms, the Company has the right to take appropriate action, both against the User and in respect of content posted by the User. You shall be given reasonable and adequate opportunity to dispute the action being taken by addressing Your requests and complaints to our Grievance Officer in accordance with our Grievance Redressal Mechanism (detailed hereinafter).
You acknowledge and agree that (i) we may also share any information in our control or possession, to appropriate authorities for the purpose of verification of identity or for the prevention, detection, investigation or prosecution of offences under any law for the time being or for cyber security incidents and (ii) we may preserve such information and associated records for a minimum of 180 (one hundred and eighty) days or longer as maybe required for evidentiary and investigation purposes.
We intend to give Our Users the freedom to express themselves without the fear of emotional or psychological distress. We urge you to ignore any content that you may find petty and annoying. In addition to this, we also encourage you to report any such content that harasses another person or intends to degrade or shame any individual. Content that are found to violate the Terms, the Privacy Policy as well as the provisions of applicable laws will be reported to appropriate authorities.
The contents and activities that may be termed as against the community guidelines can be:
1. Using or sharing abusive language or gender-caste-class-race specific curse words, morphed images, and/or malicious recordings.
2. Objectifying, insulting or harassing someone based on their race, caste, colour, disabilities, religion, sexual preferences and /or making sexual advances or otherwise engaging in sexual misconduct
3. Creating multiple accounts, or wrongful usage of other accounts to harass users who have blocked you and do not wish to engage with you further.
4. Acting pertaining to but not limited to phishing, hacking, doxing, catfishing or other forms of impersonation,
5. Spreading false information posted to harass someone for financial gain, or cause any injury to them
6. Sending viruses or other forms of malwares to extract sensitive personal information or cause harm to the users

ROLES, RIGHTS AND OBLIGATIONS OF USERS

On our Platform, we aim to create a safe and non-judgmental space for a Woman. We will not tolerate any manner of bullying or harassment by the Users, Women, Person, Services Providers or Business Partners on the Platform. We accordingly impose certain obligations and offer various roles, rights and functionalities to the Users in respect of the content and User’s engagement on the Platform, inclusive but not limited to the following. Users shall be granted access to the features and functionalities available on the Platform as more detailed in the FAQs section, subject to their privacy settings:
All content available on our Platform shall be indexed and may be viewed by category, topic and further may be tagged and filtered through the use of appropriate hashtag(s). User’s may make use of these features in an appropriate manner to distinguish their content and to browse and peruse content on the Platform.
When any User is engaging in any conversation or discussion or collaborations or payments on the Platform or through use of the Services in the manner described in this Section 7, the User agrees to always abide by the provisions of this Section and the Agreement or be solely responsible for consequences of breach thereof. The liability regarding any views, expressions, opinions, comments, etc. expressed or communicated by Users and / or moderators is personal in nature and the liability as regards such views, expressions, opinions, comments, etc. shall solely be that of the User and / or moderator respectively. The Company shall not be liable, in any way, in respect of the same.

To register an Account with us, an applicant will require an invite from the app or any of its existing users and additionally be required to register and fill an online form on the Platform, by providing certain essential details as may be required by us, including for the purpose of verification as to Your identity for instance, as to whether the applicant is a Womannot. Upon registration and at the time of registration, You will be required to keep Your Account related information complete and updated at all times. Users shall be granted access to the Platform and Services and features and functionalities thereof in the manner provided in the Agreement. We expect that You would register Your Account with fairness and honesty. However, You have no obligation to register an Account or to use our Services.
You hereby warrant that the information provided by You to the Company for the purpose of registration and for use of the Platform and Services shall be true, accurate and correct for all required elements. The information we request may include certain personal information and sensitive personal information of the User as detailed in our Privacy Policy (linked hereinabove).
All information and other details filled by You shall undergo a review process by us and we reserve the right to seek such additional details as may be required. During such review process, we reserve the right to suspend or cancel any Account if we have a reasonable doubt that the Account does not meet the required standards set by us. We shall not be liable for any injury, damage or other consequence, fraud related or otherwise arising out of any inaccuracy in the information provided by You on the Platform at any point. The Company reserves the right to accept or reject Your application to register for any reason.
If at any point of time we come to know or have reasons to believe that any information provided by You is untrue, inaccurate, or incomplete then we have full right to promptly cancel, terminate or suspend Your Account, access to the Platform and / or Services (partly or wholly) without any notice. Further, we reserve and may exercise such rights also in the event we have any reason to believe that You have committed a breach of the Agreement.
We do not collect any fees for registration and use of our Platform and / or the Services. However, User’s acknowledge and accept that the Company shall collect a commission fee on all payments and transactions conducted on the Platform including through the use of the Services including amounts paid in respect of Gigs and as tips.

SECURITY AND USER INFORMATION

You are responsible for maintaining the confidentiality and security of Your Account and any and all Account and User related information that You may use to access the Services and / or the Platform. It is reiterated that You are responsible for (a) keeping Your Account and all associated information up to date; and (b) maintaining the confidentiality of Your User information and the security of Your Account, which includes the enabling of all relevant security features. You shall be responsible for all the activities that occur under Your Account. You will not sell or otherwise transfer Your Account to another person or entity without our prior written permission. You agree to notify us immediately if You become aware of any unauthorized use of the Platform and / or Services and any other breach of security regarding the Services. We will not be liable for any loss or damage arising from Your failure to protect Your Account or Your User information.
We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect Your computer or other equipment, or any phishing, spoofing, or other attack or any breach of Your data owing to Your negligence. We advise that (i) You regularly use a reliable virus and malware screening and prevention software; (ii) In the event You question the authenticity of a communication purporting to be from the Company, You may contact us in the manner provided in these Terms and (iii) You should login to Your Account only through the Platform, and not by clicking links contained in emails.

10.

OFFERS

The Company or Entities may invite You to participate in promotional offer(s) from time to time. You agree that participating in such an offer is subject to Your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties including Business Partners and Service Providers on the Platform and You may be required to agree to respective terms and conditions of third parties. You further agree that offers provided to any User may vary from User to User.

11.

ROLE AND USAGE WITH RESPECT TO PRODUCTS AND SERVICES

The User agrees, understands and acknowledges that the Platform is an online platform that enables You to view and avail listed products and services at the indicated price. You further agree and acknowledge that the Platform is only a facilitator and is not and cannot be a party to or control in any manner any transactions. Accordingly, the contract of sale of products and/or services on the Platform shall be a bipartite contract between You and the merchants/sellers (“Merchants”) on the Platform. Any purchase of a product and/or service listed on the Platform shall be subject to the additional specific terms and conditions provided on the concerned product/ service listing page.
The User agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the services or product purchased via the Platform. The User further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Platform in any manner whatsoever.
You acknowledge and undertake that You are viewing/accessing the products and services on the Platform at your own risk and are using Your best and prudent judgment before entering into any transactions on the Platform. We shall neither be liable nor responsible for any actions or inactions of sellers/service providers nor any breach of conditions, representations or warranties by the sellers, manufacturers or service providers of the products/services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers, manufacturers, service providers of the products/services.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products/services listed or displayed or transacted or the content (including product/service or pricing information and/or specifications) on the Platform. While We have taken precautions to avoid inaccuracies in content, the Platform, all content, information (including the price of products/services), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products/services on the Platform. At no time shall any right, title or interest in the products/services purchased/availed through or displayed on the Platform vest with Us nor shall We have any obligations or liabilities in respect of any transactions on the Platform.

12.

COMMUNICATION

The Company and the Entities may communicate with You on the contact information that You may have provided to us, including but not limited to for purposes of User verification, offers, registration, material or other changes to these Terms or Services, transactional or payment related communication or for advertisement and promotional purposes and for availing any third-party products or services on the Platform and as may be required to give notice under applicable laws.

We will send You communication alerts via emails or texts or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your mobile device being switched off, incorrect email address, network interruptions. You agree not to hold us liable for non-delivery for any information or alert or any loss suffered by You due to delay, distortion or failure of communication. You further acknowledge that You are responsible for the contact details shared with Us and shall update us on any change on Your contact details. We may use third party service providers to send alerts or communicate with You. You authorize the Company and Entities to override the Do not Disturb (“DND”) settings to reach out to You over calls, SMS, emails and any other mode of communication.

13.

PLATFORM ADVERTISING

The Platform and use the Services may involve display of third-party business and brand sponsored content including third party advertisements such as of our Business Partners and Service Providers, in-stream advertising and affiliate and other links which may re-direct You to other websites and online resources provided by third parties. We have no control over and are not responsible for the content of such websites/portals or for any information provided by or to third parties. You acknowledge and accept that we shall not be liable for any damage or loss caused to You or Your business, from Your use of any third-party websites, portals or information. You shall be solely responsible for always reading the terms and conditions and the privacy policy of such a third-party websites or portals, before using them.

14.

INTELLECTUAL PROPERTY RIGHTS

We solely own all rights in the names, logos, works and trademarks in the name of ‘U Digital Content Private Limited’ and in relation to the Intellectual Property relating to the Platform. In addition, certain other names, logos, trademarks and works displayed on our Platform and in connection with the Services are the property of their respective owners and displayed subject to their permission. You may not use our Intellectual Property without our prior written permission; in particular You may not use the same in any manner that is commercial in nature or in any way likely to cause confusion about whether we are the source of or sponsor of or endorser of a product, service, or activity. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, the ownership or any license or right to use any of our Intellectual Property without our prior written permission in each instance. All goodwill generated from the use of our Intellectual Property will inure to our exclusive benefit.
You agree to not copy, reproduce, republish, upload, post, transmit or distribute such Intellectual Property in any way or by any means, whether directly or indirectly (such as by assisting any other person to do so). We shall hold You accountable and liable for infringement of rights to Intellectual Property of the Company and the Entities.

15.

DISCLAIMER AND LIMITATION OF LIABILITY

We shall make sure that all material, content and information provided on the Platform, and/or via the portals through which Services are provided, is taken from sources believed to be reliable and all information is presented in good faith, however, we make no warranty or representation, either expressed or implied, in relation to the correctness, completeness, or accuracy of such information or material or content, or that they are in compliance with the provisions of the prevailing laws.
Subject to applicable laws, the Company and the Entities (including employees and affiliates), shall not be liable for any incidental, special, punitive, consequential or similar damages or liabilities whatsoever arising out of or in connection with the Services, any performance or non-performance of Services provided by us, whether under contract, statute, strict liability or other theory even if we are advised of the possibility of such damages.
You expressly agree that Your use of the Platform and/or Services is at Your sole and exclusive risk. The Services are provided on an “as is,” and “as available” basis, without warranties of any kind, including, without limitation: the availability, accuracy of content, information, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. We expressly disclaim all such warranties. The entire risk as to the quality and timeliness of the information, and all Services provided by us is borne exclusively by You. We use public data and information provided to us by third parties in order to compile each “service” as such, we rely on the providers of this information for its accuracy and correctness. We make no warranty that the Services will meet Your requirements and expectations, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Services. Any access to our Platform from territories where the contents are illegal is prohibited. If You access our Platform from a location outside India, You are responsible for compliance with all local laws.
We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User submitted content or any other information made available to You through Your use. Any party which intends to use and/or rely upon any such content or any other information made available to You shall do so at its own risk and liability.
We shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
1. consequential, indirect or special losses;
2. loss of profits, income or revenue;
3. loss of savings or anticipated savings, interest or production;
4. loss of business or business benefits;
5. loss of contracts (including conflicts, if any);
6. loss of opportunity or expectations;
7. loss of goodwill and/or reputation;
8. loss of marketing and/or public relations time and/or opportunities;
9. loss of data;
10. loss of content; or
11. loss of management or office time or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Commentary and other materials posted on the Platform or provided by us are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of any information, suggestions and advice given to You shall remain solely with You.
We shall have the right to take any other action with respect to any content or information on the Platform that we may deem necessary or appropriate in our sole discretion, if we believe that the same violates the Agreement between us, infringes any Intellectual Property rights or any other rights of an entity or any third-party, threatens the personal safety of the Users of the Platform or general public, creates any liability or threatens to create any liability for the Company.
We shall have the sole and absolute right to remove and de-host any content posted/hosted/transmitted/shared/modified/uploaded shared by You if the content is found to be against the morals, philosophy, values, ethics, etc. of the Company or if the content is generally found to be inappropriate by the Company.
We shall have a right to, subject to the terms of our Privacy Policy and any applicable law to: (i) disclose any information furnished by a User which includes but is not limited to personal information to any third-party who claims that content provided by You has violated any of the third-party rights including the Intellectual Property rights or privacy rights, provided that we shall send prior notification to such User if applicable and (ii) to take any appropriate legal action, including disclosing Your personal information or other information about You to any law enforcement body, government department, court of law, regulatory agency, tribunal or any law enforcement or government official, in respect of any suspected illegal or unauthorized use of the Platform and / or the Services.
We shall, without prejudice to the above, fully cooperate with any law enforcement or regulatory authority or court order requesting or directing us to disclose the identity, or other information, of anyone posting or distributing any content on or through the Platform and / or the Services. We also reserve the right to access, review, monitor, display, read, preserve, store and disclose any information and any User Submissions as we reasonably believe is necessary or appropriate to:
1. satisfy any applicable law, rules, regulation, legal processor governmental request;
2. investigate potential violations of and/or enforce the Agreement;
3. detect, prevent, or otherwise address fraud, security or technical issues, or
4. protect the rights, property or safety of any Users, the Company, the Entities or any third parties.
We assume no liability or responsibility to any User or third party for the performance or non-performance of the activities described in this Section.

16.

INDEMNIFICATION

Any time after creation of Your account on this Platform and even after the termination of Your Account, You agree to indemnify and hold harmless the Company and the Entities (including employees and affiliates), from and against any and all claims (including any third-party claims), costs, proceedings, demands, losses, damages, and expenses (including, without limitation, attorney’s fees, and legal costs) of any kind or nature, arising from or relating to:
1. any actual or alleged breach of these Terms by You or anyone using Your Account; and/or
2. Your use of the Platform and/or the Services; and/or
3. the content of Your uploaded information including User Submission; and/or
4. the negotiation, performance or enforcement of any contract or agreement or understanding between You and any Person via the Platform or through the use of our Services.
The rights and remedies of the Company and the Entities (including employees and affiliates) in respect of any breach of these Terms, shall not be affected by any act or happening which otherwise might have affected such rights and remedies, except by a specific written waiver. The rights of indemnification stated herein shall be in addition to all other rights available to the Company and the Entities (including employees and affiliates) in law, equity or otherwise, including without limitation rights of specific performance, recession and restitution.
The Users shall not pursue any claim, seek damages, reimbursements, or contribution from the Company and the Entities (including employees and affiliates), in respect of any claim costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees, and legal costs) of any kind or nature, arising from or relating to the actions of other Users or from their dealings with other Users.

17.

Third Party Distribution Channels

The Company offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Platform, you agree to comply with all applicable terms of any agreement for such third party products and services.

18.

ACCOUNT TERMINATION AND CANCELLATION

We reserve the right to suspend and/or terminate Your access to the Platform and/or the Services per our discretion in case of breach of these Terms or any applicable laws and / or fraudulent use, misuse or abuse of the Platform and/or the Services, including the harassment or abuse of other Users. For the avoidance of doubt, if Your use to the Platform has been terminated in accordance with these Terms, Your access to the Platform and / or Services (in whole or in part) as a User shall cease.
Termination / Cancellation by User: You may terminate this Agreement and opt for cancellation of Services at any time by disabling or closing Your Account in accordance with this Agreement. You may contact us in order to do so, in case any support is required, in the manner provided under these Terms and we will assist You in closing Your Account. You may also contact us in the same manner, if You are seeking to close an Account on behalf of a deceased User. You may not close an Account if the Company determines, in its sole discretion, that such closure is being performed in an effort to evade a legal or regulatory investigation or to avoid paying any amounts lawfully due. You acknowledge and agree that if You cancel Your Account or Services, the access associated with that Account may be removed permanently from our database.
In the event that You or the Company terminates this Agreement or Your access to the Platform and / or the Services, or deactivates or cancels Your Account, You remain liable for all activity conducted with or in connection with Your Account and for all amounts due / charges incurred by Your Account while it was in operation. The obligations and liabilities incurred by You prior to the termination, shall survive the termination of the Agreement for all the purposes.
We reserve the right to store Your Account registration details and other information, after You close Your Account, for legal, business and regulatory compliance purposes, in accordance with our Privacy Policy and subject to applicable laws and regulations.

19.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of India and the courts of Mumbai, India shall have the exclusive jurisdiction.
In case of any disputes or claims arises out of the Agreement, the Company and the User shall use all reasonable endeavors to resolve the matter amicably. If the dispute is not resolved within 30 (thirty) days of receipt of notice furnished by either party, then the dispute shall be referred to arbitration in accordance with these Terms and shall be finally settled in accordance with the Arbitration & Conciliation Act, 1996, then in effect which shall be deemed to have been incorporated herein, by binding arbitration. Each party shall appoint an arbitrator and the arbitrators so appointed by each party shall mutually appoint a third arbitrator who shall act as the presiding arbitrator. No officer, director, shareholder, employee, representative or relative or related party of any party may be nominated or appointed as an arbitrator. The place of arbitration shall be Mumbai, India and language of arbitration shall be English.
Notwithstanding anything to the contrary herein, nothing in this Agreement shall prevent the Company from seeking interim or permanent injunctive relief or taking any other action in any court to enforce or protect its rights, including but not limited to any action for monetary damages and/or equitable relief, including but not limited to injunctive relief.

20.

Miscellaneous

Entire Agreement: These Terms, Privacy Policy, and any other policies, code of conduct and general practices we publish and update from time to time (collectively referred to as“Agreement”) will constitutes an entire Agreement between us and Users in relation to Your access to and use of the Platform and / or Services;
Waiver: No delay or omission by the Company to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by the Company of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the Company.
Severability: If any term, provision, covenant, or condition of the Agreement is held by a court or regulatory body of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Force Majeure: We shall not be liable whatsoever, for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemic, pandemic, lockdown, quarantine, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials. (“Force Majeure Event”)
Assignment: You shall not assign, transfer or novate Your rights or obligations under these Terms to third parties, save without the written consent of the Company, which consent may be withheld for any or no reason at our sole discretion.
Amendments: We may amend any portion of the Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by You, the first time You use the Services after the initial posting of the revised Agreement and shall apply on a going-forward basis after the posting date. In the event that You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services and / or terminate Your Account. You agree that we shall not be liable to You or any third party as a result of any losses suffered by any modification or amendment of this Agreement. If the revised Agreement includes a material change, we will provide You with prior notice before the material change becomes effective. For this purpose, a “material change” means a significant change other than changes that (a) are to Your benefit; (b) are required to be made to comply with applicable laws and/or regulation; (c) relates to a new product or service made available to You; or (d) to otherwise clarify an existing term. As the Platform grows and offers new features, products, and services, we will need to make changes to this Agreement. You can always know when this Agreement was last changed by checking the ‘Last Updated’ date at the top of the Agreement.

21.

GRIEVANCE REDRESSAL AND CONTACT DETAILS

In the event the User has any questions, suggestions or wishes to share their experience, comments and requests in respect of the Platform and Services (collectively “Feedback”), such respective User may provide us Feedback by contacting us at feedback@arrevoice.com
If any User or aggrieved person (including persons acting on their behalf) have any complaints or grievances in respect of our Services and Platform, please contact our resident Grievance Officer, the name and details of whom are published on the Platform. Our Grievance Officer is the nodal contact to receive and acknowledge all complaints as well as receive and acknowledge any order, notice or direction of a court, the government, or its agency. The Grievance Officer shall acknowledge complaints by e-mail within 24 (twenty-four) hours and dispose of such complaint within a period of 15 (fifteen) days from the date of its receipt, provided that the Grievance Officer may request the complainant to furnish additional information for evidentiary and investigative purposes during this time. In the event we receive any complaint or grievance in relation to any content which we find is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, we shall take all reasonable and practicable measures to remove or disable access to such content in accordance with the law within 24 (twenty-four) hours from the receipt of a complaint.

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