Over the past decade, the use of machine learning, predictive analytics, and other artificial intelligence-based technologies in the oil and gas industry has grown immensely as the drop in oil price has prompted a drive to reduce costs and minimize unplanned downtime. The primary application of these technologies is in the ‘Upstream’ areas of Exploration, Development and Production.
Using IOT and sensors, today it is possible to collect data pertaining to downhole conditions (for example temperature, pressure and geophysical makeup), drill bit performance and reservoir dynamics. These data sets can serve as input to Deep Learning algorithms that can in turn operate and manage the exploration assets. Using feedback loops and sensor data intelligent software can manipulate parameters such as individual pump strokes, rate of penetration and chemical injection rates to maintain optimal production and efficiency.
A trained deep learning software can monitor many variables such such pressure differential in a reservoir, equipment ratings, seismic vibrations, strata permeability and thermal gradients. Taken together, these input data sets can be used to determine not only the optimal direction of the drill bit, but also how it should be controlled (that is, rate of penetration) as it bores through the ground. Systems can also be designed to take in real time human feedback as training and course-correct in near real time.
Deep Learning systems can also be used to trigger warnings regarding potential catastrophic events including and linked events such as as a lost circulation, stuck pipe or blowouts.
Deep Learning can be combined with traditional analytics and operations research (OR) to improve efficiencies in the transport, refining and distribution of oil and gas. Macro data such as economic conditions and weather patterns to forecast demand can help with better judged pricing decisions.
This Policy discloses the information gathering and dispensing practices for Arya and its affiliates, assigns, subsidiaries (“Arya”) including without limitation the type of information about our Service’s users that is gathered and tracked, how the information is used, shared or otherwise processed offline. This Policy also describes how cookies, web beacons and other related and/or unrelated technologies may be used in our offerings and products.
1. COLLECTION OF INFORMATION
In general you can access and browse through the website without revealing any information about yourself. However, in the event you desire to use Services of Arya, information such as your name, contact number, email id, billing information, bank account details and such other personal information will be required by us. If you tell us that you do not want us to use your information to make further contact with you beyond fulfilling your request, we will respect your wishes.
Wherever possible, we may indicate if revealing information is mandatory or optional and always provide you with a choice of not using a particular offering, service or program. You are requested to provide correct, accurate, and complete information.
We shall not be responsible for the authenticity of the personal information or data supplied by the users and any inconvenience or hassle caused because of the same.
We may also collect information relating to your use of our Service and website through the use of various technologies. We use this information to do internal research on our users' demographics, interests and behaviour to better understand, protect and serve our users. We also monitor traffic patterns and website use, which enables us to improve the service we provide. We assure you that we will collect only such information as is necessary and relevant to us to provide you with the services available on the Site. The information that we collect, either directly or indirectly, may be combined to help us improve its overall accuracy and completeness and to help us better mold our interactions with you.
2. PERSONAL INFORMATION AND ITS USE
Personal Information is that information which is capable of identifying you such as, your name, email address, contact number and address, password, financial information such as, your bank account number, credit card, debit card information or other payment instrument details for the purpose of processing payments.
Please note that your financial information is held, retained and processed by a third party Payment Gateway, namely, [insert name] having their registered office at [insert address]. [ ] is obligated to maintain confidentiality of your financial information under various applicable laws and under an agreement with us. However, we shall not be liable for any actions of the third party Payment Gateway in breach of their confidentiality obligations and disclosure of your financial information. It is sole duty of you to inform us if any of your personal information, needs to be updated with us. In case we suspect any unauthorized use of your information we may contact you.
We may use such personal information we collect to provide you with a personalized experience while using our Service or accessing our website, such as providing you with content in which you may be interested and making navigation on our site easier. We may also use your personal information to support products or services you have obtained from us, such as troubleshooting, notifying you of a product update or fix, customizing your experience, detecting and protecting against error, fraud and other criminal activities.
The information you provide to Arya, as well as the information we have collected about you indirectly, may be used by us for marketing purposes. Before we do so, however, we will offer you the opportunity to choose whether or not to have your information used in this way. You may at any time choose not to receive marketing materials from us by following the unsubscribe instructions included in each e-mail you may receive, by indicating so when we call you, or by contacting us directly at [email protected]
In addition, Arya reserves the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, or the rights of others, or to comply with a judicial proceeding, court order, or legal process served on our website or Service.
3. SECURING INFORMATION
We intend and strive to protect your personal information and to maintain its accuracy. We employ reasonable physical, administrative and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. For Instance, we use encryption while transmission of information sensitive to you between your and our system and allowing only authorized persons for permitted business functions to access your Personal Information, etc.
We will retain your registration information for as long as your account is active or as needed to provide you services. If you wish to request that we no longer use your registration information to provide you services contact us at [email protected]. We will retain and use your registration information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
5. SHARING INFORMATION WITH THIRD PARTIES
Your information may be shared with third parties in the following circumstances:
- 5.1 When trusted third parties (such as our accountants, credit card processing companies, Government officials etc.) are performing a service for us or for you, we may provide them with the information collected about you only to the extent they require it to perform that particular service.
- 5.2 If we reorganize our company or sell or lease our business, the owner or operator will assume any rights we have in respect of your information that we retain. We assure you that we will obtain reasonable assurances that your privacy will continue to be respected.
- 5.3 If we have to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person or organization or property or asset or rights of the website or Service from unauthorized use or misuse, violations of our terms and conditions or to defend against legal claims/proceedings;
- 5.4.1 to respond to summons, court orders, judicial proceedings, or other legal processes;
- 5.4.3 to cooperate and assist authorized agencies for interception or monitoring or decryption as mentioned under the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
- 5.4.4 to assist and cooperate with the authorized agencies for monitoring and collection of traffic data or information generated, transmitted, received or stored, in accordance with the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009.
- 5.5 We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on this website and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced website related operation, unless you have explicitly agreed or given your prior permission to them for additional uses.
5.4 Upon occurrence of special circumstances as mentioned below:
Subject to this policy, we assure you that we will share your Personal Information only if we have your express or implied consent, or if we are compelled by law (including court orders) to do so.
6. COOKIES AND OTHER TECHNOLOGIES
As mentioned above, we collect information from your visits to our website and your use of our Service to help us gather statistics about usage and effectiveness, personalize your experience, and tailor our interactions with you. We do so through the use of various technologies, including scripts, tags, and "cookies".
A cookie is a piece of data that a website can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure website usage and efficiency and to allow for ease of navigation or use and, as such, are not associated with any personal information, they are also used at times to personalize a known visitor's experience to a website by being associated with profile information or user preferences. Over time this information provides valuable insight to help improve the user experience.
In most instances, you can set your browser to notify you before receiving a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies. Since cookies allow you to take advantage of some of our website's features or feature of our Service, we recommend that you leave them turned on. If you block, turn off or otherwise reject our cookies, you may not be able to use certain features of our Service and website and you may be required to re-enter your password more frequently during a session.
You may, at times, encounter cookies or other similar data collection devices on certain pages of the website that belong to and are placed by third parties. We do not control the use of such cookies of third parties.
- 7.2 Links to other sites: The website may contain links to other websites or there may be instances where an output of Arya generated as a result of any data fed to it by you may contain links to other websites that may collect information about you. We are not responsible for the privacy practices or the content of such linked websites.
8. SECURITY MEASURES
In furtherance of the confidentiality with which we treat your information, we assure you that to prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable security practices and procedures and current Internet security methods and technologies in compliance with Information Technology Act, 2000 and rules made there under.
Moreover, we restrict access of personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
9. APPLICABLE LAW & JURISDICTION
11. GRIEVANCE POLICY AND CONTACT INFORMATION
Arya strongly believes in a transparent approach to its users. This Policy aims at minimizing instances of customer complaints, grievances and disappointments via channelized approach, review and redressal. You can file a grievance if you are disappointed or have issues in respect of the services rendered by Arya. You can register your grievance through email or regular postal mail to the Grievance Officer of Arya. The email address at which you can send your grievances is [email protected] .The grievances can also be sent via regular postal mail to the following address:-
1105, K.P. Aurum, Marol Maroshi Rd, Marol,
Andheri East, Mumbai, Maharashtra 400059
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures
Only those persons who can form legally binding contracts under Indian Contract Act, 1872 are permitted to use the Services. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. or who are otherwise disallowed under any applicable laws, rules and regulations are not eligible to use the Service. If you are a minor i.e. under the age of 18 years, you are prohibited from accessing or using Services, except through your legal guardian or parents who have registered as users on the Website or can use the Website as guest User. The Service is not available to any Users previously barred by Arya from using or accessing the Service.
- Registration: By registering as a member of Arya you get access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you register as a member of Arya on behalf of a company, organization, or other entity, then (a). “you” shall include you and that company, organisation, entity, and (b). you represent and warrant that you are duly authorized to accept this User Agreement and you have the authority to bind your business entity to this User Agreement and that you agree to this Agreement on the entity’s behalf.
- Through a third party: If you connect to Arya through a third-party service, you give us permission to access and use your information from that service as permitted by that service.
- Using another User’s membership without permission is strictly prohibited. While registering with Arya, you must provide true, accurate, current and complete information. You are solely responsible for the activity that occurs on part of your membership, and you must keep your password secure. Arya shall not be responsible for any unauthorized use of your account. A breach of security or unauthorized use of your account must be immediately notified to Arya.
- If you provide any information that is untrue, inaccurate, not current or incomplete or Arya has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Arya has the right to indefinitely suspend or terminate or block access of your membership with the Us and refuse to provide you with access to Services.
- When you use the Service or send emails or other data, information or communication to Arya, you agree and understand that you are communicating with Arya through electronic records. By providing Arya your email address you consent to Our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences, though opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
- Other Rules: Arya reserves the right to change the Service, stop providing the Service or features of the Service, or impose usage limits for the Service without any prior written notice. If you violate any provision of this User Agreement, we may permanently or temporarily terminate or suspend your account and deny you access to the Service without notice. You shall continue to be bound by this User Agreement in such a case of termination or suspension. Arya shall not be liable for your interactions with other Users, or for any User’s action or inaction.
- Other Scenarios of Usage: The user acknowledges that there may be a situation where the user is accessing or utilizing Arya otherwise than through a cloud platform including without limitation installation of or hosting Arya on the server(s) of the user. In such a situation it shall be the sole responsibility of the user to maintain, manage, monitor, and secure such server(s). Arya shall not be liable, in any circumstance whatsoever, for any breach of security, or for loss, transmission, modification or otherwise alteration of any data, or for any other consequence that may arise owing to such usage by the user.
Nothing in the preceding paragraph shall be construed as granting the user a license or permission to download, copy, extract, edit, adapt, revise, modify, sublicense, transfer or distribute Arya Content (as defined in Clause 5 below)without prior written consent of Arya.
Note: user substance - includes data or information uploaded by the user to arya platform, probably for processing, and probably not for display, probably not for sharing also unless user explicitly allows… this data probably we have the right to inspect, but not the right to market
- 3.1. Some aspects of the Service allow Users to post content such as profile information, comments, explanations, questions, and other submissions or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Substance”). Arya does not claim title, ownership, or rights over the User Substance; that is your conception. By sharing User Substance through the Service, you accept and agree to allow others to view, edit, and/or share your User Substance in accordance with your settings and as per the terms of this User Agreement. Arya reserves the right to monitor, inspect, review and assess any User Substance posted by you to which, according to the your settings, the other users do not have the permission to edit, view and/or share (“Restricted Data”). Arya has the right in its sole discretion to remove any User Substance that is shared via the Service, if it is against any applicable law, rule or regulation or if it infringes any terms of this User Agreement or for any other justifiable reason.
You agree not to post User Substance that: (i) submit or transmit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Arya all of the license rights granted herein; (ii) publish or transmit falsehoods or misrepresentations that could damage Arya or any third party; (iii) submit or transmit material that is unlawful, defamatory, libelous, threatening, obscene, harassing, hateful, or otherwise offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post or transmit advertisements or solicitations of business; (v) impersonate another person; (vi) contains any information or content that you know to be incorrect, false, not current or incomplete.
You agree that any User Substance that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights such as, trademark, patent, design rights, etc, or rights of privacy. Arya reserves the right to reject and/or remove any User Substance that Arya believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, rights of publicity, trademark, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You shall be solely responsible for your User Substance and the consequences of posting or publishing it, and you agree and accept that we are only acting as a passive conduit for your online distribution and publication of your User Substance. You understand and agree that you may be exposed to User Substance that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree and accept that Arya shall not be liable for any damages you allege to incur as a result of User Substance.
- 3.1.1. Marketing and Promoting: By posting any User Substance, excluding the Restricted Data, on the Service, you agreeto grant, and you represent and warrant that you have all rights necessary to grant, to Arya a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, store, translate, distribute,and publicly perform and/or display, all such User Substance and your name, voice, and/or likeness as contained in the User Substance, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Arya’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- 3.1.2. Other uses: Arya reserves the right to directly or indirectly use, divulge, store, modify and otherwise alter any User Substance posted by you in the event it is required to do so under any law rule or regulation or if it infringes any terms of this User Agreement or for improving, upgrading or refining the application or software or for any other justifiable reason. Arya will not be liable for any loss of User Substance due to any circumstances, conditions or events beyond Arya’s control, though Arya will take every reasonable precaution to protect such User Substance, which shall not be less than the safeguards employed by Arya to protect its own data.
Utilization of User Substance
Use of API
- 4.1 The Service may include an application programming interface through which a User can send requests and receive responses (such communication between the Service and the Users hereinafter called “API Call”) from the Service (an “API”). Any use of the API must be in accordance with all applicable Regulations framed, modified, changed or amended by Arya from time to time. You acknowledge that Arya may discontinue, suspend, terminate or otherwise limit usage of the API at any time, in its sole discretion and with or without prior notice. You are solely responsible at all times for any activities occurring through the API through a password, passkey or identifier issued to you, and you agree not to share such password, passkey or identifier with any third party.
- 4.2 Arya reserves the right to monitor, examine, record, regulate and manage the frequency and quality of, the API Calls. Arya further reserves the right to directly or indirectly use, divulge, store, modify and otherwise alter any information received by Arya during any API Call if it is required to do so under any law rule or regulation or if it infringes any terms of this User Agreement or for improving, upgrading or refining the application or software or for any other justifiable reason.
Proprietary Rights and Ownership
- 5.1. The Service is owned and operated by Arya. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Substance belonging to other Users and all other elements of the Service that are provided by Arya (“Arya Content”) are protected by copyright, trade dress, patent, and trademark laws of India, by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Arya Content does not include User Substance or any other content owned by and submitted by Arya Users to the Service. All Arya Content contained on the Service are the copyrighted property of Arya or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Arya or its affiliates and/or third-party licensors. Except as expressly authorized by Arya, you accept and agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Arya Content.
- 5.2. You may choose to or we may invite you to submit comments or ideas about the Service, including but not limited to ideas regarding improvement of the Service or our products (“Suggestion”). By providing any Suggestion, you accept and agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Arya under any fiduciary or other obligation, and that we are free to use the Suggestion without any additional compensation to you, and/or to disclose the Suggestion on a non-confidential basis or otherwise to anyone.
5.3. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Arya on Arya servers. You agree that Arya has the absolute right to handle, manage, regulate, control, modify and/or extinguish Arya Content as it sees fit in its sole discretion, and that Arya will have no liability to you based on its exercise of such right. You understand, accept and agree that any data, account history and account content residing on our servers, may be deleted, altered, disclosed, moved or transferred at any time if it is required to do so under any law rule or regulation or if it infringes any terms of this User Agreement or for any other justifiable reason with or without prior notice and with no liability of any kind of Arya. [Do tell us if you want to give a notice to the user before deleting or modifying any data. There may be data of which the user does not have a backup yet, so you may wish to let user take off the data himself within a fixed timeline.]
- 5.4. You acknowledge that by utilizing the data fed into Arya it may discover and implement advanced, novel or quicker ways to generate response and serve its prospective users more efficiently. You agree and accept that any such new method or knowledge which Arya acquires and employs would be solely attributable to Arya and you shall have no claim, right or objection to the same under any law, rule or regulation applicable in India or any international treaty or convention.
Payment and Refund
- Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you choose to use paid aspects of the Service, you accept and agree to the pricing and payment terms, as may be updated, altered or revised them from time to time. Arya may add new services for additional fees and charges, or revise fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you in accordance with this User Agreement.
- No Refunds: You may cancel your Arya account at any time; however, there are no refunds for cancellation. In the event that Arya suspends or terminates your account or denies you access to the Service pertaining to breach of and as per the terms of this User Agreement or terminates this User Agreement, you understand and agree that you shall receive no refund or exchange, for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
- Payment and Applicable Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be true, accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Output of Ayra: Any responsibility for any output that is generated by the Service owing to any query put, data fed, command entered or any input provided by you to the Service shall be solely borne by you. You shall solely be liable for any outcome, product, output or result of the Service if it infringes any intellectual property right including, but not limited to, patent, trademark, designs right, etc., or proprietary right or creates a cause of action for a civil suit or a criminal liability under any law, rule or regulation applicable in India.
You agree to defend, indemnify and hold harmless Arya and its subsidiaries, assigns, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim for damages that arise as a result of any of your User Substance or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Arya, its subsidiaries, assigns, affiliates, and its licensors do not warrant that the content is accurate, reliable or correct or that the Service will meet your requirements or that the Service will be available at any particular time or location, uninterrupted or secure or that any defects or errors will be corrected or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the company service or any hyperlinked website or service, and company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
In no event shall Arya, its affiliates, assigns, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances shall Arya be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. Arya assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Arya hereunder. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law. The Service is controlled and operated from facilities in the India. Arya makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations.
Governing Law and Arbitration
- Governing Law: This User Agreement shall be governed by and subject to the internal substantive laws of India. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this User Agreement shall be governed by the Arbitration and Conciliation Act, 1996. Subject to Clause 12.2 below, all disputes arising under this User Agreement shall be subject to the exclusive jurisdiction of Courts at Mumbai, India.
- Arbitration: For any dispute with Arya, you agree to first contact us at [Insert email address] and attempt to resolve the dispute with us amicably and informally. In the unlikely event that any dispute subsists after such an attempt in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Arya. The place of arbitration shall be Mumbai, India. The arbitration proceedings shall be in the English Language and governed by Arbitration & Conciliation Act, 1996. Nothing in this Section shall be deemed as preventing Arya from seeking injunctive or other equitable relief from the Courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Arya without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Amendments: When using the Service you will be subject to the additional rules, guidelines, policies, terms, and conditions applicable to Services, offers or/and features which may be posted from time to time (“Regulations”) and all such Regulations shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the revisions. Your continued use of the Service after any such change constitutes your acceptance of the new terms under this User Agreement. As long as you comply with the provisions of this User Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to use the Services.
- Notification Procedures: Arya may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. Arya reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this User Agreement. Arya will not be responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
- Entire Agreement/Severability: This User Agreement, together with any amendments and any additional agreements you may enter into with Arya in connection with the Service, shall constitute the entire agreement between you and Arya concerning the Service. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect
- No Waiver: No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and Arya’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this User Agreement. This User Agreement was last modified on 23rd May 2016.
Arya respects the intellectual property rights of third parties and responds to allegations that certain material has been posted, uploaded or shared on or through the service operated by Arya (“Service”) without authorization from the person, individual, or an entity (“Holder”)which holds patent, copyright or any other intellectual property right in respect of such material. In appropriate circumstances, Arya will disable and/or terminate the accounts of users who may infringe or repeatedly infringe the proprietary rights of others in accordance with in accordance with the laws, rules and regulations of India or of any other country or under any international convention or treaty.
If you believe that your work has been copied, derived and/or made available through the Service in a way that constitutes infringement of any right possessed by you, you may send the following information (“Grievance”) via regular mail or email to Arya:
- 1. Information such as, name, phone number, postal address, email address, etc. of the Holder.
- 2. Description of the work that you claim has been infringed.
- 3. The URL or other specific location that contains the material that you claim infringes your work. You must provide us with reasonably sufficient information to identify the allegedly infringing material.
- 4. A statement by you that you in good faith believe that the disputed use is not authorized by the intellectual property right owner, its agent, or applicable law.
The Designated Officer for sending information regarding alleged infringement can be reached at the following address:
1105, K.P. Aurum, Marol Maroshi Rd, Marol,
Andheri East, Mumbai, Maharashtra 400059
Please note that in the event you misrepresent that content uploaded by a Service user is infringing your work, you may be liable for damages, including court costs and attorneys fees.
Upon receiving a proper Grievance, we will review and scrutinize it and remove or disable access to the allegedly infringing material if the allegation is confirmed. If any such material is taken down from the Service or the website the alleged infringer will be notified of your claim.
Arya is not liable for any consequences whatsoever due to removal or non-removal of any such material as stated above.
If you believe your own copyrighted material has been removed from the Service in error, you may submit a written complaint to our Designated Officer (as specified above) regarding the same.