• This Site

1. 1. 1. This website (our “Site“) is operated by Archipal India, a company registered in India with company number UDYAM-JK-07-0014747 (“we“, “our“, “us“). Our registered office address is 102, Street 16, Talab Tillo, Jammu and Kashmir, India, 180002.
      2. Our Site is a place where you can:
         1. locate contractors to provide services for you (“Contractor Services”); and 
         2. acquire services directly from us (“Archipal Services”). 
      3. It is also a place where you can register as a provider of Contractor Services, and offer to provide Contractor Services to other users of our Site. 
      4. We refer in these terms to Contractor Services and Archipal Services together as the “Services”.
      5. We identify upon our site whether Services are Archipal Services or Contractor Services.

• These terms

1. 1. 1. These terms set out how you may purchase Archipal Services through our Site, and how you may purchase or sell Contractor Services through our Site, what we will do, what we won’t do, and what you are obliged to do. They also set out terms relating to your general use of and access to our Site.

• WE OFFER FOR SALE AND SELL ARCHIPAL SERVICES OURSELVES. WE DO NOT OFFER FOR SALE OR SELL CONTRACTOR SERVICES OURSELVES. IN RESPECT OF ARCHIPAL SERVICES, YOUR AGREEMENT IS WITH US IN RELATION TO THE PROVISION OF THOSE SERVICES, AND WE ARE LIABLE FOR PROVISION OF THOSE SERVICES. IN RESPECT OF CONTRACTOR SERVICES, OUR SITE IS A MEANS WHEREBY AGREEMENTS FOR THE SALE OR PURCHASE OF CONTRACTOR SERVICES MAY BE REACHED BETWEEN YOU AND OTHER PERSONS OR ENTITIES. THE AGREEMENT RELATING TO THE PROVISION OF CONTRACTOR SERVICES IS BETWEEN YOU AND THOSE OTHER PERSONS OR ENTITIES, AND NOT YOU AND US, AND WE ARE NOT LIABLE FOR THE PROVISION OF THOSE CONTRACTOR SERVICES. THAT AGREEMENT HOWEVER SHALL BE DEEMED TO INCORPORATE THESE TERMS, IN SO FAR AS THEY APPLY TO THE SALE AND PURCHASE OF CONTRACTOR SERVICES, AND THESE TERMS SHALL TAKE PRECEDENCE OVER THE OTHER PARTS OF THAT AGREEMENT.

1. 1. We may disclose details of sellers and buyers of Contractor Services to each other, to enable completion of contracts they have reached, and/or to facilitate settlement of any disputes they may have with each other. 
   2. In the case of disputes users of this Site must abide by any settlement procedures referred to in these terms.
   3. For the purposes of these terms, our Site include the websites linked to the following domain names and all associated webpages, and the following apps made available via the following platforms: 

www.archipal.io/in

1. You should read these terms carefully before seeking to purchase or sell Services via our Site, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. If you do not agree with or accept any of these terms, you should not use our Site. 
2. Please note that we may update our terms from time to time, so if you revisit our Site at a later date you should check these terms again at that time to make sure you have seen the current version.
3. If you have any questions about our Site or these terms, including if you don’t understand any part of these terms, please contact us:
   1. by e-mail at info@archipal.io; 
   2. by telephone at 8527896363; or
   3. by post at 102, Street 16, Talab Tillo, Jammu and Kashmir, India, 180002.
4. We will endeavor to respond to you promptly. Please note that our email and telephone facilities are monitored only during the hours of 09:30 to 16:30 India time (excluding public and bank holidays in India).
5. Please also note that we may record calls and keep a record of correspondence to enable us to properly manage our Site, to deal with your query, and for quality and training purposes.
6. These terms are available only in English. No other languages will apply to these terms.
7. When using our Site you also agree to be legally bound by:
   1. our privacy policy located at https://archipal.io/in/privacy-policy/ (our “Privacy Policy“); and
8. All of the above documents form part of these terms as though set out in full here.
9. Additional terms may be set out by us elsewhere upon our Site. You agree to abide by those additional terms 

• Contracts

1. 1. 1. Below, we set out how a legally binding contract is made between you and us, and between you and other users of our Site.
      2. When you visit our Site, a contract between you and us consisting of these terms and the documents referred to herein is concluded between you and us regarding your use of our Site. 
      3. You must register to use the facilities made available on our Site. We will ask you to reconfirm your agreement to these terms when registering.
      4. When you submit a request for the provision of Contractor Services through our Site using the procedures on our Site, a contract between you and the person offering those Contractor Services is concluded when they issue their acceptance of that request using the procedures on our Site. As noted above, the contract relating to the provision of Contractor Services is between the person offering the Contractor Services and the person requesting the Contractor Services, and not those persons and us, and we are not liable for the provision of those Contractor Services. 

• OUR SITE ALLOWS THOSE OFFERING CONTRACTOR SERVICES TO INCLUDE ADDITIONAL TERMS RELATING TO CONTRACTOR SERVICES. IT IS THEREFORE VERY IMPORTANT THAT THOSE OFFERING CONTRACTOR SERVICES EXPRESSLY REFER IN THEIR LISTINGS FOR CONTRACTOR SERVICES TO ANY OTHER TERMS THAT APPLY TO THOSE CONTRACTOR SERVICES, AS A CONTRACT IS MADE WHEN THEY ACCEPT A REQUEST FOR THE PROVISION OF CONTRACTOR SERVICES. TERMS PROVIDED AFTER THAT POINT IN TIME MAY NOT BE INCORPORATED INTO THE CONTRACTUAL RELATIONSHIP. THOSE PURCHASING CONTRACTOR SERVICES SHOULD READ ANY SUCH OTHER TERMS PRIOR TO REQUESTING THOSE CONTRACTOR SERVICES.

1. 1. 1. Contracts relating to Contractor Services shall be deemed to incorporate these terms, in so far as they apply to the sale and purchase of Contractor Services, and these terms shall take precedence over the other parts of that contract. 
      2. When you submit a request to for the provision of Archipal Services through our Site using the procedures on our Site, when we issue our acceptance of that request a contract between you and us is concluded for the provision of those Archipal Services, upon these terms.
      3. Our Site issues confirmations of acceptance, when requests for Services are accepted. 
      4. Once contracts are concluded they cannot be cancelled or terminated except as set out in those contracts, or otherwise as permitted by applicable law.
      5. Please read and check any submissions (including, without limitation, listings or requests for Services) you make through our Site thoroughly before submitting them. If you need to correct any errors you can do so before submitting it to us. Please use the “Back” button upon our Site, rather than the back button on your browser, to move back in the process and correct errors.
      6. We may cancel listings for Services at any time, and any contracts concluded for the sale or purchase of Services through our Site, at our discretion. This will generally be for the following reasons:
         1. the Services are unavailable;
         2. we cannot authorise payments due to us or sellers;
         3. the information given to us by the relevant seller or buyer when registering to use the Site, or thereafter, is incorrect, or has become incorrect;
         4. you are not allowed to sell or purchase Services through our Site;
         5. there has been a mistake on the pricing or description of the Services; 
         6. the seller or buyer has breached these terms; or
         7. we believe the seller or buyer may breach these terms.

• Age, territory and other restrictions

1. 1. 1. Our Site is open to persons over eighteen (18) years old and who are resident in India and entities established in India only. If you are under eighteen (18) or not resident or established in the India, please leave our Site immediately. If you continue to access the Site from locations outside the India, you are responsible for compliance with local laws which relate to your accessing this Site, where they are applicable.
      2. We may ask you for various information to allow us to verify your identity, age and entitlement to buy or sell Services through our Site, when registering to use our Site. Any information you provide in this respect must be true, accurate, correct and complete.

• Provision of Services

1. 1. 1. Sellers of Contractor Services must specify the means for provision and the date and time for provision, when they list Contractor Services upon our Site. Buyers must take delivery of the Contractor Services at these times and on these dates. 
      2. In relation to delivery of Contractor Services, buyers and sellers must comply with the procedures set out on our Site. These include inspecting the results of the Contractor Services, and confirming whether the Contractor Services have been provided to their satisfaction or not. 

• Insurance

1. We maintain the following insurances:
2. Sellers of Contractor Services must obtain and maintain the following insurances:

• Charges

1. 1. 1. We may charge sellers for listing Services upon our Site, and we may charge buyers for buying Services through our Site, and (where those Services are Archipal Services, for the provision of those Services themselves). You must register to use our Site. We may levy a registration charge. We may charge a transaction fee for the use of credit cards upon our Site. 
      2. Details of our charges are set out upon our charges page https://archipal.io/in/products. You are liable to pay us these charges. Charges may attract value added tax, which will be payable to us by you in addition to the charges. 
      3. If we are charged any sales tax, customs charges or duties in relation to the sale or purchase of Services, these shall be recharged to the seller. When we become aware of these we shall notify the seller.
      4. We may institute promotions from time to time, for example free listings for those who have sold a certain amount of Services through our Site. These will be advertised upon our Site from time to time, and will attract their own terms. We may withdraw promotions at any time, and without notice.
      5. Payments between sellers and buyers for Services must also be made through the means provided upon our Site.
      6. When registering you must provide details of your specified payment method for sums due to us, and for sums due between buyers and sellers. We use third party payment services providers to fulfil these payments. These payment services providers may deduct and pay to us our charges from the sums paid between sellers and buyers. At no point in time do we hold monies for or on behalf of sellers or buyers. 
      7. We accept the following credit cards and debit cards: Visa, Visa Debit, Mastercard, American Express. 
      8. Communication via the internet is not secure. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us. The payment services providers we use are PCI DSS compliant (see http://www.pcisecuritystandards.org), and we do not have access to your payment information. In the absence of negligence on our part, any failure by us to comply with these terms, or our Cookie Policy or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you submit to us or our payment service provider.
      9. Our Site will set out when you will be charged. Please ensure you have sufficient funds to meet any payment due to us. 
      10. All payments by credit card or debit card need to be authorised by the relevant card issuer. Extra steps such as the following may also apply
          1. Verified by Visa (see https://www.visaeurope.com/making-payments/verified-by-visa/); and
          2. Mastercard®SecureCodeTM (see https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html).

• Listing Contractor Services

1. 1. 1. We may refuse any listing for Contractor Services in our sole discretion for any reason
      2. Only those Contractor Services which may be lawfully offered for sale on the open market in the India may be listed upon our Site.
      3. The following Contractor Services may not be sold through our Site:
      4. When you list Contractor Services upon our Site:
         1. all information you provide to us and make available through our Site must be true, accurate, correct and complete;
         2. the Contractor Services when delivered must match the description of them you provide and as set out upon this Site;
         3. you must have, retain and provide to us all information which is of material relevance to the Contractor Services (including any information relating to any concerns expressed by third parties) when we ask for it; and
         4. you must have all permissions and consents in place to allow us to use any images or other content of you supply when listing the Contractor Services (and you must provide evidence of these to us upon request).
      5. We do not guarantee or warrant in any manner that listing Contractor Services will generate any or any particular amount of interest for those Contractor Services. Acceptance by us of a listing from one seller of Contractor Services does not mean we are restricted in any way from allowing another seller to list the same or similar Contractor Services. 

• Archipal Services

1. 1. We will provide the Archipal Services with reasonable skill and care, and are fit for the purpose disclosed by us in relation to the relevant Archipal Services. The Archipal Services shall consist of the elements and parts set out upon our Site, and shall provide the results and outputs set out upon our Site. We may engage subcontractors to provide the Archipal Services.
   2. Additional terms relating to our provision of Archipal Services may be set out upon our Site, including the following: https://archipal.io/in/terms-of-use

1. By requesting Archipal Services from us you agree to be bound by these additional terms.

• Purchasing Services

1. 1. 1. When you submit a request to purchase Services via our Site, that request may be accepted at any time after submission. Once it is accepted a binding contract comes into being in relation to the provision and purchase of the Services. If you wish to withdraw a request before acceptance you must do so as soon as possible, via the means set our upon our Site at https://archipal.io/in/terms-of-use
      2. When submitting a request to purchase Services, and during the course of provision of Services, you must provide all information which is relevant to the provision of the Services, or which is required from you, including any information relating to known or potential risks to health and safety, and any information relating to third party consents or permissions required to enable provision of the Services. Please ensure that all information is true, accurate, complete and correct. 
      3. REMEMBER – MORE DISCLOSURE IS BETTER THAN LESS DISCLOSURE. IF YOU ARE UNSURE WHETHER SOMETHING IS RELEVANT, PLEASE MENTION IT IN ANY CASE.
      4. You must provide all access to your property and premises, and to persons located there or responsible for those locations, to allow Services to be provided upon agreed dates, or as may be otherwise reasonably required. You must provide all access to heat, light, power and water as is set out in the relevant contract, or as may be reasonably required.

• Personal Data

You have various rights, and we have various obligations, in relation to your personal data. Please see our privacy policy at https://archipal.io/in/privacy-policy/ (our “Privacy Policy“) for further information on how we use your personal data. We are the data controller in respect of personal data submitted through our Site.

• General terms relating to our Site

1. 1. 1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our Site. 
      2. Whilst we will try to make sure our Site is available and functions properly at all times, we do not guarantee that our Site will be available all the time, or at any particular time, that our Site will function properly, or that any functionality upon our Site will be available at all, or any, times. Further, we may suspend or terminate operation of the Site at any time as we see fit. If you need to buy Services through our Site for a particular time or event, or to enable you to meet other plans, please do this as far in advance as possible, in case our Site is unavailable at the time you need to access it.
      3. WHILE WE TRY TO MAKE SURE THAT OUR SITE IS ACCURATE AND UP-TO-DATE, WE CANNOT PROMISE THAT IT WILL BE. FURTHERMORE, WE CANNOT PROMISE THAT THE SITE WILL BE FIT OR SUITABLE FOR ANY PURPOSE. WHILST WE MAKE CERTAIN REQUIREMENTS AS REGARDS THOSE LISTING CONTRACTOR SERVICES UPON OUR SITE AS REGARDS THE INFORMATION THEY SUBMIT, WE HAVE NOT VERIFIED THAT INFORMATION, AND SHALL NOT BE LIABLE TO ANY BUYER FOR ANY ERROR OR MISREPRESENTATION IN THAT INFORMATION. 
      4. Where the Site allows you to login you must keep your password and other account details confidential. Please let us know immediately in the case that you suspect or know your password or other details have become known to any other person.
      5. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at https://archipal.io/in/contact/ and/or use the website accessibility tools available at https://archipal.io/in.
      6. We may prevent or suspend your access to the Site if you do not comply, or we suspect you have not complied, with any part of these terms or any applicable law. This shall be without prejudice to our other rights and remedies in respect of such breach. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these terms.
      7. If your failure to comply may endanger the rights, property or interests of any other person, or we suspect that may be the case, we may disclose your details and any other relevant information we hold about you, to help prevent any damage being suffered. 

• Our Interactive Facilities

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and social networking features which may allow you to post, transmit or submit information. We may or may not actively monitor the information you submit via these services. As such, you may be exposed to content upon these services that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable, and is not endorsed by us. Further, you should not post any information upon these services from which you can be identified, as this may cause you risk, for example in relation to the receipt of unsolicited correspondence or identity impersonation. We may remove any of the information upon these services, or restrict your ability to use these services, as we see fit. Your use of these services is at your own risk. 

1. 1. Restrictions on Misuse
      1. You must not misuse our Site. The following are examples of misuse:
         1. using the Site for any improper, unlawful, or immoral purpose,
         2. causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
         3. using the Site to create, host, or transmit any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, sexual orientation or otherwise;
         4. using the Site to harm or attempt to harm other people (including children) in any way;
         5. using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
         6. using the Site to create, host, or transmit material which infringes the copyright, trade mark, patent, trade secret, privacy, right of publicity, or other rights of any other party;
         7. using the Site to create, host, or transmit unsolicited advertising material to other users;
         8. using the Site to create, host, or transmit any material that harasses another person;
         9. using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
         10. using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate or breach anyone’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
         11. using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
         12. using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking; and/or
         13. impersonating any person or entity or using a false name that you are not authorised to use.

• Intellectual Property

1. 1. When you submit content to our Site you grant us the right to use that content in connection with our business. This includes storing that content, and making that content available via our Site. We may permit other people to do this on our behalf. These rights shall be free (you won’t be able to charge us for these rights) and irrevocable, and shall exist perpetually. You agree that we do not have to identify you as the author of that material, and that you shall have no right to object to our treatment of that material. This does not affect your rights under laws relating to personal data. However, where any personal data is contained in that content, you consent, and must have any other identified person’s consent, to submit that content.
   2. This Site and all intellectual property in it is owned by us and or licensors or both (as applicable). Intellectual property includes the copyright in our Site, our trade marks and domain names, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration). 
   3. We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of their intellectual property and remain free to use them as we (and they) see fit.
   4. You have the right to access and use our Site, to purchase and sell Services, and to find out information about us and available Services, and subject always to these terms. Nothing in these terms or otherwise grants you any other right, title or interest in or to the Site. 
   5. Where software is made available through our Site, or by us through any platform such as the Apple App Store or Google Play, please note that your download, installation and use of this software shall be subject to additional terms and conditions, which will be brought to your attention when accessing that software.
   6. Please note that the following are trade marks owned by us or our licensors:

ARCHIPAL

1. If you think any part of our Site, or anything available through our Site, infringes your rights, please contact us at https://archipal.io/in/contact/. When contacting us please provide:
   1. your address, telephone number, and email address;
   2. description of the rights that you claim have been infringed;
   3. a description of the alleged infringing activity;
   4. a statement by you that you have a good faith belief that infringing activity is not authorised by you, the rights owner, its agent, or the law; and
   5. a statement by you, made under penalty of perjury, that the information is accurate and that you are the rights owner or authorised to act on the rights owner’s behalf.

• Security

1. 1. 1. We may apply security measures and certain restrictions to our Site. You agree not to tamper with or try to circumvent, avoid or negate such security measures or restrictions, or ask or help any other person to do so, including by the submission of false information, or using means which obscure the identity of the devices or persons visiting our Site, such as using VPN providers or the TOR browsers. 
      2. Our Site contains important notices (including intellectual property notices) including in particular in any digital rights or other security technology embedded or contained within the Site. You must not tamper with or remove any of these notices, including in any printout of our Site.
      3. Communication via the Internet is not secure. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us. 
      4. Further, we recommend that you have in place up to date antivirus and personal firewall software when accessing and using our Site. 

• Third Party Sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site, not these terms.

• End of the contract

If our contract with you is ended it will not affect our right to receive any money which you owe to us under the contract.

• The Limits of our Liability

1. 1. 1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable when you accessed our Site, or for any loss, cost, expense or damage that was not caused by any breach of these terms or any duty on our part. We exclude to the fullest extent permitted by law, and except as expressly stated hereunder, any and all express and implied warranties, conditions, representations and guarantees. 
      2. What we say we will do, and what say we won’t do, what we and will not guarantee, and what we recommend or require you to do, in these terms is therefore very important. Please read these terms carefully and let us know if you don’t understand any point.

• AS WE DO NOT OFFER FOR SALE OR SELL CONTRACTOR SERVICES OURSELVES, AND BECAUSE OUR SITE IS A MEANS WHEREBY AGREEMENTS FOR THE SALE OR PURCHASE OF CONTRACTOR SERVICES MAY BE REACHED BETWEEN USERS, AND BECAUSE WHEN YOU PURCHASE OR SELL CONTRACTOR SERVICES ON OUR SITE A CONTRACT IS MADE BETWEEN THE BUYER AND SELLER, NOT WITH US, WE ARE NOT LIABLE FOR CONTRACTOR SERVICES AND THEIR SALE IN ANY MANNER, INCLUDING ANY FAILURE OF CONTRACTOR SERVICES TO MEET THEIR DESCRIPTION. THE CONTRACT FOR THE SALE AND PURCHASE OF THOSE CONTRACTOR SERVICES IS DIRECTLY BETWEEN THE SELLER AND THE BUYER, AND IF YOU ARE DISSATISFIED IN RESPECT OF ANY CONTRACTOR SERVICES, YOU MUST TAKE ACTION AGAINST THE SELLER AND NOT US. PLEASE NOTE, THOUGH, THAT SELLERS AND BUYERS MAY ENFORCE THESE TERMS AGAINST EACH OTHER, AS SET OUT THESE TERMS.

1. 1. 1. We shall have no liability for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; failure of any third party; restriction due to a public health concern; change in laws and compliance therewith; government action or compliance with any government guidance; or flood, fire, explosion or accident.
      2. Except as explicitly set out in these terms, no third party may enforce these terms.

• Variation

These terms are dated 25-Sep-2023. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms from time to time. 

• Disputes

1. 1. We will try to resolve any disputes with you quickly and efficiently.
   2. If you are unhappy with us please contact us as soon as possible.
   3. If you want to take court proceedings, the relevant courts of the India will have jurisdiction in relation to these terms, and relevant India law will apply to these terms.
   4. In the event of a dispute between a seller and a buyer, we will endeavor to assist in the settlement of that dispute. Both the seller and the buyer shall use all good faith efforts to reach a settlement in accordance with any recommendations or requirements made by us.