Terms and Conditions
Terms of Subscription Model
(Leasing/ Renting-out of Movable Asset)
Welcome to www.aruva.in (the “Website”). By accessing or using this Website, you agree to comply with and be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, please do not use this Website.
- Use of Website
You agree to use the Website solely for personal, lawful, and legitimate business purposes related to the leasing or renting of movable assets by ARUVA. You agree not to:
- Engage in any activity that is unlawful, fraudulent, or harmful to the Website or its users;
- Attempt to gain unauthorized access to the Website, user accounts, or computer systems connected to the Website;
- Disrupt or interfere with the security, integrity, or performance of the Website;
- Upload or distribute any viruses, malware, or other harmful software;
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
ARUVA reserves the right to suspend or terminate access to the Website for any user who violates these Terms or engages in any prohibited activities.
- Applicability
These Terms shall apply to the following persons:
- Visitor
- Subscriber
- Lessor
- Lessee
- Client / Prospect / Prospective Client
Note: Please refer to the Appendix to the instant Terms for the relevant definitions and interpretations.
- Terms of Lease: The terms of lease shall be defined and crystalized as per the duly executed Lease Agreement between the Lessor and the Lessee.
- Payment Terms
- Lease Rent: The Lessee shall pay the Lessor a Lease Rent in accordance with the terms set-forth under the respective Lease Agreement.
- Currency: The currency in which payments will be made is INR for all Indian Customers. .
- Tax Responsibilities: The Lessee/ Client shall be solely responsible for the payment of all applicable taxes, including but not limited to service tax, GST, or any other statutory tax obligations arising from their use of ARUVA's services. ARUVA shall not be held liable for any tax dues, penalties, or liabilities incurred by the Lessee/Client.
The Client/ Subscriber agrees to provide accurate, complete, and up-to-date information required for GST compliance. ARUVA shall be entitled to rely on the information provided and shall not be held responsible for any consequences, including penalties or legal issues, resulting from incorrect, incomplete, or misleading information submitted by the Client/Subscriber.
- Payment Adjustments: ARUVA reserves the right, at its sole discretion, to rectify any payment discrepancies, including but not limited to overpayments, underpayments, or computational errors made by the Lessee. Such adjustments may be applied against future payment obligations or refunded, as deemed appropriate by ARUVA. All adjustments will be duly communicated to the concerned parties in writing.
- ARUVA reserves the right to modify its fee structure at any time, provided that notice is given to Subscribers holding an active Agreement, via the Website and Application.
- Continued use of the platform by Visitors, Clients, or Subscribers after notification of any fee changes shall constitute acceptance of the revised fee structure.
- Lock-in-Period & Security Deposit
- The Lease shall include a mandatory lock-in period as per the respective Lease Agreement executed, during which the Lessee shall not be entitled to unilaterally terminate the Lease Agreement. In the event of a breach of any terms by the Lessee, any advance payment made shall be liable to forfeiture without further notice or obligation on the part of the Lessor.
- The Lessee shall pay a refundable security deposit as mutually agreed upon at the time of signing the Lease Agreement. The Security Deposit shall be held by ARUVA as security for the performance of the Lessee’s obligations under the instant Terms. However, the Security Deposit shall be forfeited in the event of a breach of any of the Terms.
- Upon maturity or termination of the contract, the Security Deposit shall be refunded to the Lessee, subject to deductions for any unpaid dues, damages, or breaches of contract.
- If the Lessee terminates the Lease Agreement within the lock-in period, the refund of the Security Deposit shall be calculated as per the sole discretion of ARUVA on case to case basis.
- Any deductions or adjustments shall be communicated in writing to the Lessee before the refund is processed. The refund, if applicable, shall be made to the lessee within 15 days of such communication.
- Ownership of the Equipment
- Entitlement: It is expressly agreed that all equipment, systems, and installations provided under this Lease Agreement remain the sole property of the Lessor at all times. The Lessee shall have no ownership, title, or claim over the equipment, regardless of the duration of use or any payments made under the instant Terms.
- Right to Withdraw: The Lessor reserves the absolute right to terminate the Lease Agreement and reclaim its equipment at its sole discretion. In the event of termination, the Lessor and its authorized representatives shall have unrestricted access to the premises to uninstall, remove, or shut down the system as deemed necessary.
- Access & Enforcement: Under no circumstances, the Lessee shall obstruct or deny access to the Lessor’s team for equipment removal. If the Lessee refuses entry, the Lessor shall have the right to override such refusal, including shutting down the system remotely or through other necessary means.
- Liability for Structural Damages: The Lessee acknowledges that the Lessor shall not be responsible for any damages to civil, electrical, or other structures arising from the installation / uninstallation or removal of equipment. The Lessee shall bear repair costs, if any.
- Indemnification: The Lessee agrees to indemnify and hold the Lessor harmless at all times against any claims, losses, liabilities, or disputes arising from the exercise of the Lessor’s rights under this clause.
- Subscribers’ Obligations
- Account Creation: The Subscriber shall create a profile with the necessary information (name, bio, portfolio, contact details, etc.) and submit a valid Know Your Customers (KYC) details.
- Account Verification: The Subscriber shall require to comply with the verification process for ensuring the authenticity of the Subscriber’s credentials or identity.
- Accurate Information: The Subscriber must provide accurate and truthful information during registration.
- Account Security: The Subscriber is responsible for maintaining the security of their account and must notify ARUVA if they suspect unauthorized access.
- Lessees’ Obligations
- Payment of Consideration: The Lessee agrees to pay the Lessor a Lease Rent in accordance with the duly executed respective Lease Agreement.
- Payment Mode: The payment mode in order to disburse the professional fees of the Lessor such as payment method, schedule, invoicing process shall require to be maintained.
- Use of Leased Assets: The Lessee agrees to:
- Use the Assets only for their intended purposes;
- Maintain the Assets in good working condition;
- Not transfer, sublease, or assign the Assets without prior written consent from the Lessor.
- Co-ownership of Leased Asset: In cases where the Party comprises multiple co-owners, it is hereby agreed that any one duly authorized co-owner or representative shall have the authority to sign and accept the Lease Agreement on behalf of all other co-owner. Such authorization shall be deemed to be binding upon all associated parties, who shall be jointly and severally liable under the Terms.
- License to display the Content: The Lessee grants ARUVA a non-exclusive, worldwide, royalty-free license to display, promote, sell, and market the content on ARUVA in order to promote its business. This license is limited to the use of the videos/ pictures on ARUVA and shall not be transferred without the lessor’s explicit consent.
- Liability and Indemnification: The Lessee shall be liable for any damages, losses, or injuries caused by the improper use of the Assets. The Lessee agrees to indemnify and hold harmless the Lessor from any claims, liabilities, or damages arising from the Lessee's use of the Assets.
- Lessor’s Obligations
- Entitlement of Leased Asset: The Lessor shall retain the legal entitlement for their Leased Assets under all possible circumstances, till the agreement holds true.
- Repair & Maintenance: The Lessor shall be responsible for the routine maintenance and minor repairs, as part of the agreement.
- Insurance: The Lessor shall obtain and maintain insurance coverage for the Assets against loss, theft, or damage.
- Inspection Right: The Lessor reserves the right to inspect the Assets at reasonable intervals upon prior notice to the Lessee.
- License Grant: The Lessee shall grant ARUVA a non-exclusive, worldwide, royalty-free license to display, promote, sell, and market the Lessor’s Leased Assets on ARUVA for the purpose of providing the Lease services. This license is limited to the use of the videos/ pictures on ARUVA and shall not be transferred without the lessee’s explicit consent.
- Description of Assets: The Lessor is responsible for accurately describing their assets to be leased out, which includes providing truthful information about the medium, dimensions, model number, and any other details about the Leased Assets.
Communication by Clients/Subscribers
Professional Conduct: Clients and Subscribers are expected to communicate with ARUVA and its staff in a professional, courteous, and respectful manner at all times. This applies to all forms of communication, including but not limited to phone calls, emails, text messages, and in-person interactions.
Prohibited Behaviour: Clients and Subscribers must not engage in any form of threatening, abusive, harassing, discriminatory, or otherwise inappropriate behaviour toward ARUVA or its staff. Such conduct will not be tolerated and may lead to immediate termination of services, along with potential legal action.
Accuracy of Information: Clients and Subscribers are required to provide accurate, complete, and truthful information in all communications with ARUVA. Any misrepresentation, withholding of relevant information, or provision of false information may result in service cancellation and may also subject the Client/Subscriber to legal consequences.
Monitoring of Communication: ARUVA reserves the right to monitor, record, and review all communications between Clients/Subscribers and its staff for quality assurance, training, and compliance purposes.
Upgradation or Amendment of the instant Terms
- The Parties acknowledge that circumstances may arise where the supplied equipment may be insufficient or unsuitable for its intended purpose. In such cases, the Parties shall have the right to re-negotiate the instant Terms, including but not limited to, equipment specifications, rental terms, and associated costs.
- The respective Lease Agreement shall also be subject to amendment or modification in the event of the following:
Any change in system requirements, including upgrades, expansions, or modifications necessary for continued operation.
Any change in the ownership of the property, requiring the transfer, continuation, or termination of the Lease Agreement.
Except aforesaid events, the respective Lease Agreement shall be subject to amendment or modification at the sole discretion of ARUVA.
Any amendment or modification to the Lease Agreement shall be made in writing and mutually agreed upon by both Parties. Until such amendment is formally executed, the original terms of the Lease Agreement shall remain in full force and effect.
Compliance with Platform Policies
- Adherence to Terms: The Parties shall agree to comply with all of ARUVA’s rules, regulations, and policies, including any updates or modifications to those policies, which would be updated on the ARUVA's Platform (website & application), as and when required.
- Cooperation: The Parties agree to cooperate with ARUVA in any investigations or inquiries into potential violations of ARUVA’s terms and conditions, including providing any necessary documentation or access to their account information.
- Termination
Termination by Mutual Agreement: The instant Terms may be terminated at any time upon mutual written agreement between the Lessor and the Lessee by giving a notice of 30 days, subject to completion of lock-in-period.
Termination at Option: The instant Terms shall stand terminated and null and void without cause by providing 30 days’ prior written notice, subject to completion of lock-in-period and payment of any applicable early termination fee and return of the leased assets in good working condition (reasonable wear and tear excepted).
Termination for Cause: Either party may terminate the instant Terms with immediate effect by providing written notice to the other party in the event of any of the following:
- A material breach of any provision of the instant Terms and/ or any of the term specified in the respective Lease Agreement that is not remedied within 15 days of written notice;
- Insolvency, bankruptcy, or liquidation of the other party;
- The Lessee uses the leased assets in a manner contrary to applicable laws of the instant Terms;
- or any other reason specified to the lessee over email.
Upon termination of the Lease Agreement, the Lessee shall immediately return all leased assets to the Lessor and any unpaid lease payments or other amounts due under the Lease Agreement shall become immediately due and payable.
Further, the Lessor may inspect the assets to assess their condition and may invoice the Lessee for any damage beyond normal wear and tear.
Furthermore, it is to be noted that clauses regarding payment obligations, indemnity, liability, and dispute resolution shall survive the termination of the Lease Agreement.
ARUVA may retain and continue to display the digital content submitted by the Lessee/Client on the platform even after the subscription or lease period ends, unless the Lessee/Client specifically requests the removal of such content.
- Maintenance of Transparency
The Parties shall confirm their commitment to implement the transparency except for any information which is exempt from disclosure in accordance with the instant Terms. In addition, the Parties shall endeavour to inform each other at an early stage of proposals to modify or introduce any amendment, suggestion, idea and/or standard that is/are especially relevant to business between the Parties.
- Dispute Resolution
In case of any claim/dispute/differences/disagreement, arising out of or in connection with or relating to or incidental to or pertaining to instant Terms or its performance or dealing in accordance with the instant Terms including any question regarding its existence, validity or interpretation the Parties hereto shall first endeavour to reach a settlement through mutual consultations and negotiations. If the parties are unable to reach settlement within reasonable time from the date on which the claim/ dispute/ differences/ disagreement arose.
The Client/Subscriber hereby acknowledges and agrees not to initiate any chargebacks, payment reversals, or other payment disputes without first making a genuine and reasonable effort to resolve the issue directly with ARUVA. The Client/Subscriber further agrees to cooperate in good faith with ARUVA to resolve any such disputes amicably.
It is also clarified that ARUVA shall not be held liable for any third-party fees or charges associated with payments made through the platform, including but not limited to bank fees, currency conversion fees, or any other transactional costs. All such fees shall be the sole responsibility of the Client/Subscriber.
In the event that a resolution cannot be reached within a reasonable period of time, either Party may refer the matter to arbitration, in accordance with the arbitration provisions contained in the Lease Agreement. The Party initiating arbitration shall notify the other Party in writing of such reference.
Subject to provisions of aforesaid sub-clause of this Clause hereof, all such claims/ dispute/ differences/ disagreements shall be finally adjudicated by arbitration of a sole arbitrator in accordance with the provisions of Arbitration and Conciliation Act, 1996 as amended from time to time or any other applicable Indian Law relating to Arbitration for the time being in force. The sole arbitrator shall be appointed in accordance with the rules of Indian Council of Arbitration, New Delhi.
The place of arbitration shall be New Delhi and the arbitration shall be conducted in English or Hindi language. For the avoidance of doubt, questions regarding the interpretation, performance, effectiveness or the terms of the instant Terms shall be decided by the arbitration tribunal according to the applicable Indian laws.
When any dispute occurs, which is submitted to arbitration, except for the matter under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining obligations under the instant Terms.
- Undertaking
As the respective Party, you agree to use ARUVA only for its intended purposes, including but not limited to searching for, booking, and paying for Lease. You agree not to use ARUVA for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations in your use of ARUVA.
- Assignment
Neither party may assign any of its rights or transfer any of its rights and obligations under the instant Terms without the written consent of the other.
- Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which can be found at Privacy Policy page. By using the Website, you consent to the practices described in the Privacy Policy.
- Links to Third-Party Sites
The Website may contain links to third-party websites that are not owned or controlled by ARUVA. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these websites. You access such third-party websites at your own risk.
- Force Majeure
Neither Party shall be held liable for failure to perform any obligation due to events beyond their reasonable control, including but not limited to natural disasters, strikes, and government actions.
- Confidentiality
The Parties to this instant Terms agree that each Party shall treat all information provided by a Party to the others regarding such Party’s business and operations as confidential. All confidential information provided by a Party hereto shall be used by any other Parties hereto solely for the purposes of rendering services pursuant to the instant Terms and, except as may be required in carrying out the terms of the instant Terms, shall not be disclosed to any third Party without the prior consent of such Party who has provided the information.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the Receiving Party with respect to any portion of Confidential Information which:
- was at the time received or which thereafter becomes, through no act or failure on the part of the Receiving Party, generally known or available to the public;
- is at the time of receipt, known to the Receiving Party as evidenced by written documentation then rightfully in the possession of either Party;
- was already acquired by the Receiving Party from a third party who does not thereby breach an obligation of confidentiality to the Disclosing Party and who discloses it to the Receiving Party in good faith;
- is developed by the Receiving Party without use of the Disclosing Party’s Confidential Information in such development; and
- has been disclosed pursuant to the requirements of Applicable Law, any Governmental Authority, provided however, that the Disclosing Party shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
Remedies: Parties acknowledge that irreparable damage may occur on breach of the terms and provisions of this Clause. Accordingly, if a Party breaches or threatens to breach any of the provisions of this Clause, then the other Party shall be entitled, without prejudice, to seek all the rights and remedies available to it, including a temporary restraining order and an injunction restraining any breach of the provisions of this Clause. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity.
- Headings and Sub-headings
The headings in the instant Terms are for convenience only and shall not affect the meaning or interpretation of any provision of the instant Terms.
- Changes to Terms
ARUVA reserves the right to modify or replace these Terms at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
- Governing Law
These Terms shall be governed by and construed in accordance with the jurisdiction of Delhi, without regard to its conflict of law principles.
- Contact Us
If you have any concerns about the Terms or privacy or grievances with Us, please contact us with a thorough description and we will try to resolve the issue for you.
Contact Details:
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Address: Krubinox Technologies Pvt. Ltd. Suite no 155, Tower - B2, Spaze iTech Park, Sector 49, Sohna Road, Gurugram, Haryana-122018 |
Email Address: info@aruva.in |
Appendix/ Annexure I
Requisite Definitions and Interpretations
- ARUVA: ARUVA is an online platform which is being operated and owned by Krubinox Technologies Private Limited.
- Client / Prospect / Prospective Client: Any Visitor who accesses ARUVA and undertakes the necessary procedures to become a subscriber shall be deemed a Prospect, Client, or Prospective Client.
- Effective Date: The Effective Date means the date from which the respective Lease Agreement shall come into force.
- Lease Agreement: A Lease Agreement is a legally binding contract between two parties—the lessor (owner) and the lessee (user)—in which the lessor grants the lessee the right to use a Leased Asset for a defined period, in exchange for regular payments, usually called rent. A Lease Agreement shall be executed by the subscriber upon finalization of Lessor, Leased Assets, Lease Rent and other terms of Lease.
- Leased Asset: Leased Asset shall include the electronic devices or IOT supported AV devices & accessories or systems designed to capture, process, reproduce, or transmit both sound (audio) and visuals (video). These instruments are commonly used in entertainment, communication, broadcasting, education, and content creation such as electronic musical instruments, audio system, speakers, monitors, projectors, audio recorders, etc.
Further, following factors shall also be considered while leasing out the assets and entering into the Lease Agreement:
- Description of Assets: [Detailed description, including make, model, serial number, etc.]
- Quantity: [Specify number of units]
- Condition: [New/Used/Refurbished]
- Location of Use: [Specify location where assets will be used]
- Lease Rent: Lease Rent refers to the periodic payment to be made by a Lessee to a Lessor for the use of a Leased Asset under a Lease Agreement. It is essentially the rent paid for the right to use a Leased Asset over an agreed period.
- Lessee: A Lessee is a party who obtains temporary possession or use of leased asset from Lessor, ARUVA herein, in exchange for agreed-upon periodic payments (rent), without owning the asset.
- Lessor: A Lessor is a person who leases or rents out Leased Asset, ARUVA herein under a legally binding Lease Agreement, while retaining legal entitlement of the asset.
- Person: A person includes:
- An Individual – A natural human being.
- A Hindu Undivided Family (HUF)
- A Company
- A Firm
- An Association of Persons (AOP) or Body of Individuals (BOI)
- A Local Authority
- Every Artificial Juridical Person not falling under the above categories.
- Security Deposit: A Security Deposit is a sum of money paid in advance by the Lessee to the Lessor at the beginning of a lease term, as a financial guarantee for the proper use and return of the leased asset.
- Service: Service means the provision of temporary access and use of Leased Assets in exchange for payment, under agreed-upon terms and conditions. This includes not only the act of leasing the Leased Asset itself but may also cover related support, maintenance, and technical assistance.
- Subscriber: A Subscriber is a person who signs up / register itself at ARUVA with an intent to receive a service, particularly leasing/ renting out the movable assets, in the instant case.
- Terms: The terms and conditions of this documents shall be construed as Terms.
- Visitor: The Person whosoever will visit the Website (ARUVA) shall be regarded as Visitor irrespective of the fact that whether any services are being availed by such Person.
- Website: www.aruva.in