With respect to any individual whose personal information is provided by you to Arka BRENStech, you represent to Arka BRENStech that you have obtained all necessary consents for the processing of such personal information contemplated by the Services.

 License and Ownership

Any, and all intellectual property rights (“Intellectual Property”) associated with the website and its contents (the “Content”) are the sole property of Arka BRENStech, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in India and other countries. Elements of the website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the website are trademarks, service marks or trade name (“Marks”) of Arka BRENStech, its affiliates or other entities that have granted Arka BRENStech the right and license to use such marks and may not be used or interfered with in any manner without the express written consent of Arka BRENStech.

Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the website in any way without Arka BRENStech’s prior written permission or that of an appropriate third party.

Except as expressly provided herein, Arka BRENStech does not grant to you any express or implied rights to the Intellectual Property of Arka BRENStech or that of any third party. Arka BRENStech hereby grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use only the website, content, and services only in the manner presented by Arka BRENStech.

Except to the extent required by law or as expressly provided herein, none of the content and/or information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Arka BRENStech. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the content in any way unless expressly permitted to do so by Arka BRENStech.

Restrictions on use of the Website

In addition to other restrictions set forth in these Terms of Use, you agree that:

• You shall not disguise the origin of information transmitted through the website.
• You will not place false or misleading information on the website.
• You will not use or access any service, information, application, or software available via the website in a manner not expressly permitted by Arka BRENStech.
• You will not input or upload to the website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, the website or information or that infringes the intellectual property rights of another.
• You may not use or access the website or the Arka BRENStech systems or services in any way that, in Arka BRENStech ‘s judgment, adversely affects the performance or function of the Arka BRENStech systems, services or the website or interferes with the ability of authorized parties to access the Arka BRENStech systems, services or the website.
• You may not frame or utilize framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of Arka BRENStech.

 Links

Outbound Links – The website may contain links to third-party website and resources (referred to collectively hereinafter as “Linked Sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Arka BRENStech of the content of such linked sites. Arka BRENStech makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service, or application found at any linked site. Arka BRENStech shall not be responsible for the availability of the linked sites or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. In addition, your use of linked sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the linked site’s privacy policy.

Inbound Links – Linking to any page of the website other than to https://www.brenstech.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Arka BRENStech. Any website or other devices that link to this website or any page available therein is prohibited from replicating content, using a browser or border environment around the content, implying in any fashion that Arka BRENStech or any of its affiliates endorse it or its products, misrepresenting any state of facts, including its relationship with Arka BRENStech or any of the Arka BRENStech affiliates, presenting false information about Arka BRENStech products or services, and using any logo or mark of Arka BRENStech or any of its affiliates, without express written permission from Arka BRENStech.

Termination

You agree that Arka BRENStech, at its sole discretion, may terminate or suspend your use of the website, the Arka BRENStech systems, information, services and content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately discontinue your use of the website, and destroy any copies you may have made of any portion of the content.

Accessing the website, the Arka BRENStech systems, information or services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, you agree that Arka BRENStech shall not be liable to you or to any third party for any termination or suspension of Your access to the website, the Arka BRENStech systems, information and/or the services.

Disclaimer of Warranties

Arka BRENStech makes no representations about the results to be obtained from using the website, the Arka BRENStech systems, the services, the information or the content. The use of same is at your own risk. The website, the Arka BRENStech systems, the information, the services, and the content are provided on an “As is” basis. Arka BRENStech, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory, or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose. Arka BRENStech and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the Arka BRENStech systems. No information obtained by you from the website shall create any warranty not expressly stated by Arka BRENStech in these terms of use.

 Limitation of Liability

To the extent permitted by law, in no event shall Arka BRENStech, its affiliates, licensors, suppliers or any third parties mentioned at the web site be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the Arka BRENStech systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not Arka BRENStech is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.

Compliance with Law including Export Control

You agree to use the website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of Arka BRENStech, negatively reflect on the goodwill or reputation of Arka BRENStech and you shall take no action which might cause Arka BRENStech to be in breach of any laws, rulings or regulations applicable to Arka BRENStech.

Arka BRENStech and the website are based in India. You agree to comply with all such applicable restrictions and not to export or re-export the content (including any software or the services) to countries or persons prohibited under India or other applicable export control laws or regulations. If you access and download the content (including any software or the services) or information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited.

You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the content (including any software or the Services).

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Gurgaon, India will have jurisdiction.

General

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement for these Terms of Use to be proved by means of a written document.