TERMS AND CONDITIONS FOR ARCHITECT

Welcome to Archestra!

Archestra Infotech Private Limited, a private limited company duly incorporated and existing in accordance with the Companies Act, 2013 and having its registered office at House No. 19, Block-1W.H.S., Kirti Nagar, Ramesh Nagar, New Delhi, India, 110015 (“Us”, “We”, “Company” or “Our”) owns, operates and manages a website under the name and style of Archestra (referred to as “Platform”).

NATURE AND APPLICABILITY OF TERMS

1.1   Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at [•] (“Privacy Policy”) before You decide to access the Platform or avail the services made available on the Platform by the Company. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and the Company in connection with Your visit to the Platform and Your use of the Services (as defined below).

1.2   The Agreement applies to You whether You are an architect wishing to be listed, or already listed, on the Platform including authorized representatives of such architects (“Architect(s)”, “You”, or “User”) to connect with prospective clients (“Client”).

1.3   This Agreement applies to those services made available by the Company on the Platform, which are subject to platform service charges as set out in clause 5 below (“Platform Fees”), to the Users (“Services”), including the following:

(i)   Create and maintain ‘User Accounts’;
(ii)  Connect with prospective Clients by geographical area, requirements, and budget or any other criteria made available by the Company;
(iii)  Make appointments with the Clients;
(iv)  Share your drawings, designs, and ideas with the Clients;
(v)  Monitor and manage Your project(s); and
(vi)  Receive payments from the Client.

1.4   The Services may change from time to time, at the sole discretion of the Company, and the Agreement will apply to Your visit to and Your use of the Platform to avail the Services, as well as to all information provided by You on the Platform at any given point in time.

1.5   This Agreement defines the terms and conditions under which You are allowed to use the Platform and describes the manner in which we shall treat Your account while You are registered as a member with us. If You have any questions about any part of the Agreement, feel free to contact us at info@archestra.co.

1.6   By downloading or accessing the Platform to use the Services, You irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as available on the Platform, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You relating to Your use of the Platform to avail the Services. By availing any Service, You signify Your acceptance of the terms of this Agreement.

1.7   We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to You in writing You should read the Agreement at regular intervals. Your use of the Platform following any such modification constitutes Your agreement to follow and be bound by the Agreement so modified.

1.8   You acknowledge that You will be bound by this Agreement for availing any of the Services offered by us. If You do not agree with any part of the Agreement, please do not use the Platform or avail any of the Services provided on the Platform.

1.9   Your access to use of the Platform and the Services will be solely at the discretion of the Company.

1.10  The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

(i)  the Indian Contract Act, 1872,
(ii)  the (Indian) Information Technology Act, 2000, and
(iii) the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2.CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting this Agreement, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ARCHITECTS

The terms in this Clause 3 are applicable only to Users other than Clients and other users who visit and/or interact with the Platform who shall be bound by the terms and conditions available at archestra.co/terms-condition-client.

3.1   END-USER ACCOUNT AND DATA PRIVACY

3.1.1   The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules and are reproduced in the Privacy Policy.

3.1.2   the Company may by its Services, collect information relating to the devices through which You access the Platform, and anonymous data of Your usage. The collected information will be used only for purposes set out under the Privacy Policy.

3.1.3   The Platform allows the Company to have access to registered Clients’ personal email or phone number, for communication purpose so as to provide You a better way of booking appointments and for entering engagement with Clients.

3.1.4   The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • the various rights available to such Users in respect of such information.

3.1.5   The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

3.1.6   The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of the Company or such other parties as the case may be, due to any unauthorized use of Your account.

3.1.7   If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to the User at its sole discretion.

3.1.8   The User, at any point of subsistence of this Agreement, shall not:

  • Make false or malicious statements against the services, Platform or the Company;
  • 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 Platform and/or services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the services;
  • introduce any trojans, viruses, any other malicious software, any bots or scrape Platform for any information;
  • 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;
  • hack into or introduce malicious software of any kind onto Platform;
  • 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; and/or
  • shall enagage people out of their own repository or their own network to be engages to provide services to Clients.
  • 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.

3.2   RELEVANCE ALGORITHM

3.2.1   The Company’s relevance algorithm for the Architects is a fully automated system that lists the Architects, their profile and information regarding their services on its Platform. These listings of Architects do not represent any fixed objective ranking or endorsement by the Company. The Company will not be liable for any change in the relevance of the Architects on search results, which may take place from time to time. The listing of Architects will be based on automated computation of the various factors including inputs made by the Clients including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the Architects on the Platform.The Platform shall not be liable for any effect on the Architect’s business interests due to the change in the relevance algorithm.

3.3   FEATURING IN PROMOTIONAL AND MARKETING MATERIALS

3.3.1   In recognition of the various offerings and services provided by the Platform to the Architect, the Architect shall (subject to its reasonable right to review and approve): (a) allow the Platform to include a brief description of the services provided by the Architect in the Platform’s marketing, promotional and advertising materials; (b) allow the Platform to make reference to the Architect in success stories, and related marketing materials; (c) serve as a reference to the Platform’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Architect’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

3.4   LISTING CONTENT AND DISSEMINATING INFORMATION

3.4.1   The Platform, directly and indirectly, collects information regarding the Architects’ profiles, contact details, and practice. The Platform reserves the right to take down any Architect’s profile as well as the right to display the profile of the Architects, with or without notice to the concerned Architect. If any information displayed on the Platform in connection with You and your profile is found to be incorrect, you are required to inform the Platform immediately to enable the Platform to make the necessary amendments.

3.4.2   The Platform shall not be liable and responsible for the ranking of the Architects on external websites and search engines.

3.4.3   The Platform shall reserve the right to collect feedback for the Architects listed on the Platform. If the Platform determines that you have provided inaccurate information or enabled fraudulent feedback, the Platform reserves the right to immediately suspend any of Your accounts with the Platform and make such declaration on the Platform alongside Your name as determined by the Platform for the protection of its business and the interests of the Clients.

3.4.4   The Company collects, directly or indirectly, and displays on the Platform, relevant information regarding the profile and requirements of the Clients listed on the Platform, such as their specialization, qualification, fees, location, and similar details. The Company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although the Company screens and vets the information and documents submitted by the Clients, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.4.5   The Services provided by the Company or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Platform or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by Users on the Platform. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Platform, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Platform, or any opinion or suggestion given or expressed by the Company or any User in relation to any User or services provided by such User.

3.4.6   The Platform may be linked to the website of third parties, affiliates and business partners. The Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Platform. Inclusion of any link on the Platform does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk.

3.4.7   The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If a User is dissatisfied with the Platform, User’s sole remedy is to discontinue using the Platform.

3.4.8   The Platform is a service marketplace and is merely an online platform for Users to find and connect with Client(s). The Company/Platform is not a part of any negotiations or the delivery of services and shall not be a party to any agreements the Architect may make with any Client(s). The User hereby acknowledges and agrees that the Platform does not supervise, direct, control, or monitor Users in the performance of any contractual obligations they may have under any Master Service Agreement.

3.4.9   If the Company determines that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, the Company reserves the right to immediately suspend Your access to the Platform. You shall be liable to indemnify the Company for any losses incurred as a result of Your misrepresentations or fraudulent feedback that has adversely affected the Company or its Users. 3.5   INTEGRATION OF THIRD-PARTY API

3.5.1   The Platform may integrate Application Programming Interfaces (“APIs”) of third-party service providers to enhance and facilitate certain services. These third-party services may include, but are not limited to, payment gateways, scheduling and calling services and other functionalities that contribute to the overall user experience on the Platform. The Platform acts as a conduit for these third-party services and does not directly control or assume liability for the performance, availability, security, or any other aspect of such third-party services. Users acknowledge and agree that their use of third-party services is subject to the terms and conditions of the respective third-party service providers. The inclusion of third-party APIs on the Platform does not constitute an endorsement, approval, or recommendation by the Platform. Users are encouraged to review the terms of service and privacy policies of third-party service providers before utilizing their services through the Platform.

3.6   CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.6.1   The contents listed on the Platform are (i) User generated content, or (ii) belong to the Company. The information that is collected by the Company directly or indirectly from the End- Users and the Architects shall belong to the Company. Copying of the copyrighted content published by the Company on the Platform for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.

3.6.2   The Company authorizes the User to view and access the content available on or from the Platform solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, "the Company Content"), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.

3.6.3   User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.7   CODE OF CONDUCT FOR ENGAGEMENT WITH CLIENTS ON THE PLATFORM

3.7.1   Upon finalization of a project with a Client you shall enter into an agreement with the Client in the form and manner available at [•] (“Master Service Agreement”).

3.7.2   It is agreed that, in the event any third party is to be engaged by the Architect to provide services to the Client, then the architect shall solely engage the third party contractors suggested by the Platform and the Architect shall also have the option to enter into a collaboration agreement with the other Architects on the Platform to deliver services.

3.7.3   The Architect is bound to use solely the payment methods provided by the Platform and shall be bound to adhere to the payment terms provided by the platform which have been specified in clause 6 below. The Architect shall not accept any payment in any mode or through any medium outside the scope of the payment terms from the client engaged by them. Non-adherence to this clause shall lead to termination of the Architect from using the platform and the Architect shall not be entitled to any impending payments that are due to be paid by the Client through the Platform. It is further agreed that the client shall not be liable to make such payments if the Architects access to this platform is terminated.

4.   ARCHITECT UNDERTAKING

4.1   The Architect is and shall be duly registered, licensed and qualified to undertake this professional practice, as per applicable laws/regulations/guidelines, including but not limited to the Architects Act, 1972 and the Architects (Professional Conduct) Regulations, 1989, set out by competent authorities. The Architect shall be a member of the Council of Architects possessing current registration to act as an architect. The Architect shall not be part of any arrangement which will prohibit him/her from undertaking his/her professional practice within the territory of India. The Architect shall at all times ensure that all the applicable laws that govern the Architect shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

4.2   The Architect hereby represents and undertakes that you will use the Services and provide your services to the Client in accordance with the applicable law. Any contravention of applicable law as a result of Your services is Your sole responsibility and the Platform accepts no liability for the same.

5.   OBLIGATIONS OF THE USER

5.1   As mandated by Regulation 3 of the IG Rules, the Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.1   Users are also prohibited from:

  • violating or attempting to violate the integrity or security of the Platform or any the Company Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of Services by the Company;
  • intentionally submitting on the Platform any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
  • copying or duplicating in any manner any of the Company Content or other information available from the Platform;
  • framing or hot linking or deep linking any the Company Content; and/or
  • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3   The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1.1 and 4.1.3.The Company shall also be entitled to preserve such information and associated records for at least 180 (one hundred and eighty) days for production to governmental authorities for investigation purposes.

5.4   In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, the Company has the right to immediately terminate the access or usage rights of the User to the Platform and Services and to remove non-compliant information from the Platform.

5.5   The Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. The SPI Rules only permit the Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.

5.   PLATFORM FEES

5.1   The Company will charge you a Platform Fee based on the total fees paid/proposed to be invoiced by You to the Client (“Project Fees”) (less any refunds or reversals) for each project You are engaged by a Client on the Platform. The Platform Fee shall be calculated at a rate of 10% (ten per cent) of the total Project Fees for each phase you have invoiced /proposed to invoice to the Client.

5.2   The rate is subject to revision/ reduction on the basis of criteria developed by the Platform which shall include, inter alia, the following:

(i)   Number of projects successfully completed by You using the Platform;
(ii)  Time period for which You have been active on the Platform; and
(iii)  Total amount billed for projects using the Platform.

5.3   As per the abovementioned criterion, you may be assigned a level on the Platform which will be displayed as against your name on the platform. The Platform Fee applicable to each level may differ, a breakdown of the same is set out below:

(i)   Level 1 & Level 2 Architects will be charged the Platform Fee at the standard rate of 10%;
(ii)   Level 3 will be charged the Platform Fee at a reduced rate of 8%; and
(iii)   Level 4, which is the highest level, will be charged the Platform Fee at a reduced rate of 6%.

Growth Chart
S.No Service Basic | Level 1 Intermediate | Level 2 Advance | Level 3 Top Seller | Level 4
1. Projects Delivered Beginner/New Joinee Completed 3 projects Completed 5 Projects Completed 8 Projects
2. Ratings Rating Starts Rating > 4 stars Rating > 4.5 stars Rating > 4.7 stars
3.
4. Project Completion Rate - 90% for 60 days 90% for 60 days 90% for 60 days
5. On-Time Delivery Rate - 90% for 60 days 90% for 60 days 90% for 60 days
6. Response Rate - 90% for 60 days 90% for 60 days 90% for 60 days
7. Warnings - None for 30 days None for 30 days None for 30 days
Level of Architects | Growth Model
S.No Service Basic | Level 1 Intermediate | Level 2 Advance | Level 3 Top Seller | Level 4
1. No. of Projects Upto 2 Upto 3 Upto 5 Upto 8
2. Fee Withdrawable Limit 14 Days 14 Days 7 Days 7 Days
3. Back-end Support Regular Regular Priority High Priority
4. % fee charged by p/f 10% 10% 8% 6%
5. Size Limit of Project Upto 2000 sq.ft Upto 5000 sq.ft Upto 10000 sq.ft No Cap
6. Collaborator Access No Yes Yes Yes
7. Collaborator Retention No No No Yes
5.4   It is agreed that the Platform’s decision on the designation of the level shall be final. The Platform will ensure that the designation process is transparent.

5.5   The Company reserves the right to further revise the rate of the Project Fees, from time to time, as deemed fit.

5.6   This Platform Fees shall be deducted upon withdrawal of the Project Fees by You as per Clause 6 of these Terms.

6.   TERMS OF PAYMENTS TO BE DISCHARGED

The terms in this Clause 6 are to be read in continuance of and not in suppression or substitution of the elaborate terms of payment available at archestra.co/payment-policy (“Payment Terms”).All payments made by the Clients to the You for any services discharged by You under the Master Service Agreement or in connection with the Services provided on the Platform shall be made in accordance with the Payment Terms only. You shall not receive payments or engage in any transactions with the Clients for the services rendered on or in connection with the Platform independently outside of the Payment Terms.

7.   TERMINATION

7.1   The Company reserves the right to suspend or terminate a User’s access to the Platform and the Services with or without notice and to exercise any other remedy available under law, in cases where:

(i)   Such User breaches any terms and conditions of this Agreement or the Payment Terms;

(ii)   A third-party reports violation of any of its right as a result of Your use of the Services;

(iii)   the Company is unable to verify or authenticate any information provide to the Company by a User;

(iv)   the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or/and

(v)   the Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for the Company or are contrary to the interests of the Platform.

7.2   Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Platform by such User. 7.3   Upon termination the Architect shall not be entitled to the Project Fee which was prepaid by the client in the escrow account if such termination occurs in between any of the Phases as specified in the terms of the Master Service Agreement. 8.   LIMITATION OF LIABILITY

(i)   In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, User’s provision of information via the Platform, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

(ii)   provision of or failure to provide all or any service by Architects to End- Users contacted or managed through the Platform;

(iii)   any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform;

(iv)   any unauthorized access to or alteration of Your transmissions or data;

(v)   any other matter relating to the Platform or the Service, and/or.

(vi)   any other matter including, without limitation to the damages for loss of data or profits, arising out of or in any way connected with the use or performance of the Platform.

9.   INDEMNIFICATION BY THE USER

You hereby undertake and agree to indemnify and hold harmless the Protected Entities from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity. The Company shall notify you of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10.   RETENTION AND REMOVAL

The Company may retain such information collected from Users from its Platform or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

11.   GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

This Agreement shall be governed by the laws of India. The courts and tribunals of Delhi, India have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement(including any disputes regarding the existence, validity or termination of this Agreement).

If any dispute, controversy or claim arises under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within thirty (30) days of either party sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator. The seat and venue of the arbitration proceedings shall be Delhi, India by a sole arbitrator jointly appointed by both the parties (you and we) and whose decision shall be final and binding.

12.   SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

13.   WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14.   QUESTIONS OR COMPLAINTS

If you have any question or complaints about the processing of your personal data or any grievance regarding our Privacy Policy, write to us at info@archestra.co. Our team will be happy to assist you.

15.   CONTACT INFORMATION

You can also directly contact us in relation to your grievances pertaining to the usage of personal data as provided in the Privacy Policy by contacting our Grievance Officer, as provided below:

Name: Gurinder Singh
Phone Number: +91-88854 00854
Email: gurinder@archestra.co