Terms and Condition
These terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the web based platform ‘Arow.pro’ and android application ‘Arow - Fast Billing, KOTs App’ (collectively, the “Platform”), operated and managed by SS Retail, and having its registered office at 881, Narain puri, krishna nagar, lucknow-226023 (the “Company”). The Platform is owned by SS Retail and has been licensed to the Company.
The Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms are (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by the Company.
By clicking on the ‘Send OTP’ button and adding the one time password (OTP)’ received by You on Your registered mobile on the Platform, You expressly accept these Terms and the Privacy Policy and agree to be legally bound by them. Further, by furnishing Your personal information to the Company or giving Your consent to the Company to access Your personal information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.
Eligibility
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Arow. The Services are not available to minors i.e., persons under the age of 18 (eighteen) years, undischarged insolvent, or to any users who are not competent to enter into a contract under the Indian Contract Act, 1872.
Description of Service
We provide a service that helps our clients in billing, customer data management and to manage business operations. You may use the Services for your personal and business use or for internal business purposes in the organisation that you represent. You may use the Services by downloading our Merchant app. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
*You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
Registration and functioning of your account
In order to avail the services on the platform, you will have to register onto the platform before using. When registering for the Services, you undertake to
1:- fill out the registration form with true, accurate, current, and complete information about yourself (the "Registration Data"), and
2:- keep the Registration Data true, accurate, current, and complete by immediately updating it.
All actions taken in connection with your Account are your responsibility. You acknowledge that it is your obligation to keep an eye on your Account to prevent usage by minors, and you agree to take full responsibility for any unauthorised use.
You agree not to disclose your password or Account information to anyone, to report any unauthorised use of your password or other security breach immediately to Arow, and to log out of your Account at the conclusion of each session. Arow reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Products if you provide any information that is untrue, inaccurate, not current, or incomplete, or if Arow has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete (or any portion thereof). You acknowledge and agree that you shall not register for an Account under a false name, using fraudulent information, or on behalf of another person.
Payments, Billing and Free trial
You can use a free trial to start using our app. The free trial period of the App lasts for one week, or as otherwise specified during sign-up and is intended to allow you to try the service. You will be notified during sign-up whether you are eligible for a free trial.
We will bill your Payment Method for your yearly ,quarterly or monthly membership fee at the end of the free trial period unless you uninstall the App prior to the end of the free trial period. You will not receive a notice from us that your paid membership has begun.
You acknowledge and agree that a command originating from your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges.Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for all orders placed from your Account.
The Service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Website. You agree to immediately notify Arow of any change in your billing address or the credit card used for payment hereunder.
You may cancel your membership at any time. However, we do not provide refunds or credits for partial membership periods.We may change our service plans and the price of our Services from time to time.
Liscence and access to platform
The Company grants you a limited sub-license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
Belongs to another person and to which you do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
Harms minors in any way;
Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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;
Is misleading or known to be false in any way.
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
You understand and acknowledge that by using the Platform or any of the Services, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any Services at Your sole risk and that to the fullest extent permitted under applicable law. The Company shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You
Transactions on the platform
The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process.
Disclaimers
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. The Company makes best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
The Company does not make any representation or warranties in respect of the products available on the Platform nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Platform or otherwise.
Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s reasonable control.
Intellectual Property Rights And Content
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with the Services and Our Content. All rights are reserved.
You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law right.
You further acknowledge that the Services may contain information which is designated as confidential by Arow and that you shall not disclose such information without Arow's prior written consent.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or licence to the Services, our Content or our Intellectual Property Rights.
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, nonexclusive, royalty-free, right to use Your Content for any purpose including API partnerships with third parties and in any media existing now or in future. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, by any third party services and our and their users.
You are responsible for Your Content. You represent and warrant that
Use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; and
Your Content does not violate the Terms or any applicable laws.
Your Content was not submitted via the use of any automated process such as a script bot;
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
Arow may monetize some of this Content through the use of third party affiliate programs. Notwithstanding such affiliate programs, Arowdoes not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
Please note that your use of third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.
Third party content does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.
We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services.
We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services.
Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates.
You acknowledge and agree that Arow is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
We assume no responsibility or liability for any of Your Content or any third party content.
You further acknowledge and agree that Arow is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
IP Infringement
If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at shushantsaxenaaa@gmail.com These notifications should only be submitted by the owner of the intellectual property, or an agent authorised to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform.
Indemnify
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry or termination of this User Agreement.
Limitation of liability
Arow will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:
economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect or consequential loss.
IF AROW IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS.
Governing laws & jurisdiction
The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Lucknow and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts at Lucknow shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
Miscellaneous
These Terms (as amended from time to time) constitute the entire agreement between you and Arow concerning your use of the App.
Arow reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Arow.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only.
These Terms shall be governed by and construed in accordance with Indian laws and you agree to submit to the exclusive jurisdiction of the Ahmedabad, Gujarat, India.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Arow's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arow in writing.
Force Majeure
The Company and/or the Platform shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.
Grievance Redressal Mechanism
If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, You can contact the designated Grievance Officer of the Company, namely, Shushant Saxena, at shushantsaxenaaa@gmail.com and 9511142512.
The Grievance Officer of theCompany shall acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, within 24 hours of receipt of the same and shall endeavour to redresses the same at the earliest and
in no event later than 15 (fifteen) days of receipt of such request. By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
Violation of the Terms
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
Termination
The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until the Company chooses to terminate them.
You may terminate these Terms of Use at any time, provided that you discontinue any further use of platform or services available on the platform. However, any such termination shall not cancel your obligation to pay for a product purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.