1. OVERVIEW
Welcome to PlayARC, operated by Zenali Innovative Technologies Private Limited ("Zenali", "we", "us" or "our").
These Terms of Service ("Terms") govern your access to and use of our website, https://www.playarc.gg/ (the "Website"), and your purchase and use of products offered through the Website, including the ARC x1 handheld gaming console and other products and accessories that may be offered by Zenali from time to time (collectively, the "Products").
By accessing, registering for an account on, or using the Website, or by placing an order for any Product, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with our Privacy Policy and Refund and Return Policy, each of which forms part of these Terms.
You must read these Terms carefully before using the Website or placing an order. If you do not agree with any part of these Terms, you should not access or use the Website or place an order for any Product.
Zenali reserves the right to update or modify these Terms from time to time in accordance with the provisions set out below. Your continued use of the Website after such changes are posted will constitute your acceptance of the revised Terms.
The Website is operated by Zenali. Payments made for Products may be processed through third-party payment service providers, including HDFC SmartGATEWAY. Such payment service providers facilitate payment processing on behalf of Zenali but are not the seller of the Products purchased through the Website. Your purchase contract for the Products is with Zenali.
2. ACCESS AND ACCOUNT
2.1 Account Registration
To purchase Products through the Website, you must create and maintain an account with Zenali ("Account"). You agree to provide accurate, current and complete information during registration and to keep such information updated as necessary. You may not create an Account using false, misleading or fraudulent information or impersonate another person or entity.
2.2 Eligibility
By creating an Account and using the Website, you represent that you are legally capable of entering into a binding agreement under applicable law.
If you are using the Website or purchasing Products on behalf of a company, organisation or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2.3 Account Security
You are responsible for maintaining the confidentiality and security of your Account credentials, including your password and any other authentication information.
You are responsible for all activities carried out through your Account, except to the extent that such activity results from a security breach or unauthorised access that is not attributable to your failure to take reasonable precautions.
You must notify Zenali promptly if you become aware of or reasonably suspect any unauthorised access to or use of your Account.
2.4 Account Restrictions
You may not sell, transfer, assign or otherwise provide access to your Account to another person without our prior written consent. You must not use another person's Account or attempt to gain unauthorised access to any Account, system or information belonging to Zenali or another user.
2.5 Suspension or Termination of Account
Zenali may suspend, restrict or terminate your Account or access to the Website where we reasonably believe that:
- you have violated these Terms or any applicable policy;
- the Account has been created or used fraudulently or unlawfully;
- the Account or transactions associated with it present a security, fraud or compliance risk;
- you have provided false, inaccurate or misleading information; or
- such action is necessary to protect Zenali, our users, our service providers or the integrity and security of the Website.
Where reasonably practicable, Zenali may provide notice of such suspension, restriction or termination. However, we may take immediate action where necessary to prevent fraud, security threats, unlawful activity or other harm.
2.6 Personal Information
Information collected when you create or use your Account will be handled in accordance with our Privacy Policy.
3. PRODUCTS
3.1 Product Information
Zenali makes reasonable efforts to ensure that the descriptions, specifications, images, colours, dimensions, features and other information relating to Products displayed on the Website are accurate and up to date.
However, actual Products may vary slightly from their images or representations on the Website, including due to differences in display devices, screen settings, manufacturing processes or other factors.
The information displayed on the Website, including product specifications and features, may be updated or changed from time to time.
3.2 Product Specifications and Features
The specifications, features, configurations and other characteristics of a Product are those stated on the applicable Product page at the time of purchase, unless otherwise communicated by Zenali.
Where a Product includes a warranty, the applicable warranty period and terms will be specified on the relevant Product page or accompanying documentation. Such product-specific warranty terms will apply to the applicable Product.
3.3 Product Availability
All Products are subject to availability. Zenali reserves the right to modify, discontinue or suspend the availability of any Product, or to limit the quantity of Products that may be purchased by a customer, at any time. Where an order has already been accepted and Zenali is unable to fulfil it due to circumstances affecting Product availability, Zenali will notify the customer and provide an appropriate resolution in accordance with applicable law and our Refund and Return Policy.
3.4 Product Pricing
Product prices displayed on the Website are those applicable at the time of purchase, unless otherwise stated. Zenali reserves the right to change Product prices from time to time. Any change in price will not affect an order that has already been accepted and paid for, except where required by applicable law or in the event of an obvious pricing or listing error.
3.5 Product Use
You agree to use the Products only for their intended purpose and in accordance with the instructions, documentation, safety information and other guidance provided by Zenali. You are responsible for ensuring that your use of the Products complies with applicable laws and regulations.
3.6 Accessories and Other Products
In addition to the ARC x1 handheld gaming console, Zenali may offer accessories and other products through the Website, including gaming accessories, protective covers, grips and other related products.
The availability, specifications and applicable terms for such Products will be as stated on their respective Product pages.
4. ORDERS
4.1 Placing an Order
To place an order for a Product, you must be logged into your Account and provide all information required during the checkout process. Before submitting an order, you are responsible for reviewing the Product details, quantity, delivery information, billing information and other order details carefully. By submitting an order and completing the payment process, you confirm that the information provided by you is accurate and that you wish to purchase the Product(s) specified in the order.
4.2 Order Acceptance
Submission of an order does not, by itself, constitute acceptance of the order by Zenali.
An order will be considered accepted when Zenali confirms the order through the Website, email or other communication. Zenali reserves the right to refuse or cancel an order in circumstances including, but not limited to:
- The product is unavailable or cannot be supplied;
- There is an apparent pricing, product or listing error;
- The information provided by you is incomplete, inaccurate or misleading;
- The transaction is suspected to be fraudulent, unauthorised or unlawful;
- The order exceeds applicable quantity or purchase limits; or
- Circumstances beyond Zenali's reasonable control prevent fulfilment of the order.
If Zenali cancels an order for which payment has already been received, the amount paid for that order will be refunded in accordance with our Refund and Return Policy, subject to applicable law.
4.3 No Cancellation After Order Placement
Once an order has been successfully placed and payment has been received, the customer cannot cancel the order.
Zenali will process the order for fulfilment and delivery in accordance with the applicable Product and order information.
This restriction on cancellation does not affect your rights in relation to Products that are defective, damaged in transit, or incorrectly delivered, which are addressed separately in our Refund and Return Policy and any applicable warranty terms.
4.4 Pre-Booking Orders
Zenali may offer Products, including the ARC X1 handheld gaming console, through pre-booking programmes conducted in one or more batches.
Each batch may have its own pre-booking opening date, pre-booking amount, refund deadline and other applicable conditions. The applicable details for each batch will be clearly displayed on the relevant pre-order page on the Website before the customer completes the pre-booking.
The pre-booking amount paid by the customer will be adjusted against the final purchase price of the applicable Product if the customer proceeds with the purchase.
A customer may request a refund of the pre-booking amount only within the refund period specified for the relevant batch. Once the applicable refund deadline has passed, the pre-booking amount will become non-refundable, subject to applicable law. After the applicable refund period closes, eligible customers will be provided with instructions to complete the remaining payment. The customer will have 76 hours from the date and time the final payment link is issued to complete the required payment, unless otherwise expressly stated in the applicable payment communication.
If the customer fails to complete the final payment within the applicable payment window, the pre-booking may be cancelled, the pre-booking amount will become non-refundable, and the relevant Product allocation may be offered to another eligible customer. Once the final payment has been successfully completed and the order has been confirmed, the purchase will be subject to the cancellation, return and refund provisions set out in the Refund and Return Policy.
4.5 Order Confirmation
After successfully placing an order, Zenali may provide an order confirmation containing details such as the order number, Products ordered, quantity, price, applicable taxes and delivery information.
You should retain your order confirmation for your records.
4.6 Order Changes
Once an order has been placed, Zenali may be unable to accommodate requests to change the Product, quantity, delivery address or other order details.
You should therefore carefully review all order information before completing the purchase.
4.7 Order Limits
Zenali may, at its discretion, limit the quantity of Products that may be purchased in a single order or by a particular customer or Account, including where necessary to prevent misuse, fraud, unauthorised resale or other activity that may adversely affect the availability of Products to customers.
4.8 Incorrect Information
If you provide an incorrect or incomplete delivery address or other information required to fulfil your order, you may be responsible for any additional costs, delays or other consequences resulting from the incorrect information, to the extent permitted by applicable law.
Zenali will make reasonable efforts to contact you where an issue with the information provided by you prevents fulfilment or delivery of your order.
5. PRICING, TAXES AND BILLING
5.1 Product Prices
The prices of Products displayed on the Website are the prices applicable at the time of purchase, unless otherwise expressly stated. Unless otherwise specified, applicable taxes, including Goods and Services Tax (GST), will be displayed or included in the price as required under applicable law. Zenali reserves the right to change Product prices, discounts and promotional offers from time to time. Any change in price will not affect an order that has already been accepted and paid for, except where required by applicable law or in the case of an obvious pricing or listing error.
Where a Product is offered through pre-booking, the applicable pre-booking amount and the final purchase price will be communicated or displayed at the relevant stage of the purchase process, and the pre-booking amount will be adjusted against the final purchase price.
5.2 Taxes
Applicable taxes, including GST and any other statutory charges required under applicable law, will be charged as applicable to the transaction. The applicable tax amount, where required, will be reflected in the invoice or other transaction documentation provided to you. You are responsible for providing accurate information necessary for invoicing and tax compliance.
5.3 Payment
Payment for Products must be made through the payment methods made available on the Website at the time of purchase.
Payments may be processed through third-party payment service providers, including HDFC SmartGATEWAY. Payment processing may be subject to the terms, conditions and privacy practices of the relevant payment service provider.
Zenali does not directly store your complete payment card credentials where payment processing is handled by the applicable payment service provider, except to the extent otherwise disclosed in our Privacy Policy or required for the provision of the Services.
5.4 Available Payment Methods
The payment methods available on the Website may include credit cards, debit cards, UPI, net banking and other payment methods made available through HDFC SmartGATEWAY or other payment service providers engaged by Zenali. The availability of a particular payment method may vary from time to time and may depend on the payment service provider, your financial institution or other applicable circumstances. Cash on delivery is not available.
5.5 Payment Authorisation and Failure
By submitting payment details, you represent that you are authorised to use the applicable payment method. If a payment is declined, fails, is reversed, or is not successfully authorised, Zenali may be unable to process or fulfil the relevant order.
Zenali is not responsible for a payment failure caused by your bank, card issuer, payment service provider, network failure or other circumstance outside Zenali's reasonable control.
If your account is debited despite an unsuccessful transaction, the applicable amount will be handled in accordance with the applicable payment service provider's processes and our Refund and Return Policy, as applicable.
5.6 Billing Information
You agree to provide accurate and complete billing and contact information when placing an order.
You are responsible for promptly updating your Account and billing information where necessary to ensure that Zenali can process your order, issue applicable invoices and communicate with you regarding your purchase.
5.7 Promotional Offers
Zenali may offer discounts, promotional pricing, coupon codes or other promotional offers from time to time.
Promotional offers may be subject to additional terms and conditions specified at the time the offer is made. Where those terms conflict with these Terms, the specific promotional terms will apply to the extent of the conflict.
Unless otherwise stated, promotional offers cannot be combined with other offers and are subject to availability and eligibility requirements.
5.8 Pricing or Listing Errors
While Zenali takes reasonable care to ensure that pricing and product information displayed on the Website is accurate, errors may occasionally occur.
If a Product is displayed with an obvious pricing or listing error, Zenali reserves the right to correct the error and, where necessary, cancel an affected order.
If payment has already been received for an order cancelled due to such an error, Zenali will refund the amount paid for the cancelled order in accordance with the Refund and Return Policy and applicable law.
6. SHIPPING AND DELIVERY
6.1 Delivery Territory
Zenali currently delivers Products only within India.
Orders placed through the Website may be delivered only to valid delivery addresses within the serviceable areas supported by Zenali and its delivery partners.
6.2 Shipping Charges
Unless otherwise expressly stated on the Website, Zenali will bear the shipping and delivery charges for Products purchased through the Website.
Any applicable additional charges, if introduced in the future, will be clearly communicated to you before you complete your purchase.
6.3 Delivery Address
You are responsible for providing a complete and accurate delivery address and contact information when placing your order.
Zenali will not be responsible for delays, failed delivery or additional costs arising from an incorrect, incomplete or inaccessible delivery address or other information provided by you.
6.4 Delivery Timelines
Estimated delivery timelines, where provided on the Website or in your order confirmation, are estimates only and may vary depending on factors including your location, product availability, order processing, logistics operations and circumstances beyond Zenali's reasonable control.
Unless expressly stated otherwise, delivery timelines are not guaranteed.
6.5 Delivery Delays
Zenali will make reasonable efforts to process and dispatch accepted orders within the applicable estimated timeframe.
Zenali will not be responsible for delays caused by events or circumstances beyond its reasonable control, including delays or disruptions affecting courier or logistics providers, transportation networks, natural events, government restrictions, strikes, technical failures or other force majeure events.
Where Zenali becomes aware of a material delay affecting your order, we may provide you with an update using the contact information associated with your Account.
6.6 Delivery Partners
Zenali may use third-party courier, logistics and delivery service providers to deliver Products.
Once a Product has been handed over to the applicable delivery partner, delivery may be subject to the terms, processes and operational limitations of that delivery partner.
6.7 Damaged or Incorrect Deliveries
You should inspect the Product and its packaging upon delivery, where reasonably possible.If you receive a Product that is damaged, defective or different from the Product you ordered, you must notify Zenali within the timeframe and in the manner specified in our Refund and Return Policy.Claims relating to damaged, defective or incorrect Products will be handled in accordance with the Refund and Return Policy and any applicable warranty terms.
6.8 Delivery Confirmation
A delivery may be considered completed when the Product is delivered to the address provided in the order and accepted by you or an authorised person at that address, or otherwise recorded as delivered by the applicable delivery partner. Zenali may rely on delivery information provided by its delivery partners when determining delivery status, subject to applicable law.
6.9 Risk in Products
Subject to applicable law, risk of loss or damage to a Product will pass to you upon delivery of the Product to you or an authorised recipient at the delivery address provided in your order. Nothing in this section limits your rights in relation to Products that are defective, damaged in transit or incorrectly delivered, as provided under applicable law, our Refund and Return Policy and any applicable warranty.
7. INTELLECTUAL PROPERTY
7.1 Ownership
The Website and all content and materials made available through it, including without limitation the PlayARC name and branding, ARC trademarks and logos, product names, product images, photographs, graphics, illustrations, designs, text, videos, audio, software, user interface elements, product descriptions and other materials (collectively, "Content"), are owned by or licensed to Zenali Innovative Technologies Private Limited and are protected by applicable intellectual property laws.
Nothing in these Terms transfers or grants to you any ownership interest in Zenali's intellectual property.
7.2 Limited Use
Subject to your compliance with these Terms, Zenali grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Website and its Content for your personal, non-commercial purposes and for purchasing and using Products lawfully.
You must not, without our prior written permission:
- copy, reproduce, modify or create derivative works from the Content;
- distribute, publish, sell, license, lease or commercially exploit the Content;
- reproduce or use Zenali's, PlayARC's or ARC's trademarks, logos or other branding;
- use Product images, photographs, videos or other Content for commercial purposes;
- remove or alter copyright, trademark or other proprietary notices;
- use automated means to systematically copy or extract substantial portions of the Website or its Content; or
- use the Website or Content in any manner that infringes or may infringe the intellectual property rights of Zenali or any third party.
7.3 Trademarks
Zenali , ARC, ARC X1, and associated names, logos, designs and other marks are or may be trademarks or trade names of Zenali Innovative Technologies Private Limited or its licensors. You may not use these marks without our prior written permission, except where such use is permitted by applicable law. All third-party names, trademarks, logos and other marks appearing on the Website remain the property of their respective owners.
7.4 No Implied Rights
Except for the limited rights expressly granted under these Terms, no licence or other right to any patent, copyright, trademark, trade secret or other intellectual property owned or controlled by Zenali or any third party is granted to you, whether expressly, by implication, estoppel or otherwise. All rights not expressly granted to you are reserved by Zenali and its licensors.
8. THIRD-PARTY SERVICES AND LINKS
8.1 Third-Party Services
The Website may use or integrate with services, platforms, software, payment providers, logistics providers and other third-party services to enable certain features or functions of the Website.
These third-party services may include payment processing services such as HDFC SmartGATEWAY, as well as other service providers engaged by Zenali from time to time.
Your use of any third-party service may be subject to the terms, conditions and policies of the relevant third-party provider. Zenali is not responsible for the independent terms, policies, systems or practices of third-party service providers, except to the extent required by applicable law.
8.2 Payment Service Providers
Payments made through the Website may be processed by third-party payment service providers, including HDFC SmartGATEWAY.
Zenali does not control the operation of third-party payment systems and cannot guarantee that a particular payment method or payment service will be available at all times.
Any issue relating specifically to the operation of a payment service may also be subject to the terms and processes of the relevant payment service provider. This does not affect your contractual relationship with Zenali in relation to the purchase of Products.
8.3 Third-Party Links
The Website may contain links to websites, applications or services operated by third parties.
Such links are provided for convenience only. Zenali does not control and is not responsible for the content, availability, accuracy, security, privacy practices or policies of third-party websites or services.
If you choose to access a third-party website or service through a link on our Website, you do so at your own risk and should review the applicable terms and privacy policies of that third party.
8.4 No Endorsement
The inclusion of a third-party service or link on the Website does not necessarily constitute an endorsement, sponsorship or recommendation by Zenali.
Any transaction or interaction you undertake directly with a third party is between you and that third party, subject to applicable law.
9. PRIVACY AND PERSONAL INFORMATION
9.1 Privacy Policy
Your privacy is important to us. Zenali's collection, use, storage, disclosure and other processing of personal information in connection with your use of the Website and purchase of Products is governed by our Privacy Policy, which forms part of these Terms.
By creating an Account, accessing or using the Website, or placing an order, you acknowledge that you have read and understood our Privacy Policy.
9.2 Information Required for Orders
To create an Account, place an order and receive Products, you may be required to provide certain personal and transactional information, including information necessary for account creation, payment processing, invoicing, delivery and customer support.
You agree that the information you provide to Zenali is accurate, current and complete, and you will update such information where necessary.
9.3 Payment and Service Providers
Where necessary to process payments, deliver Products, provide customer support, operate the Website or otherwise fulfil our obligations to you, Zenali may share relevant information with third-party service providers in accordance with our Privacy Policy.
This may include payment service providers such as HDFC SmartGATEWAY, logistics and delivery providers, technology providers and other service providers engaged by Zenali.
9.4 Privacy Policy Updates
Our Privacy Policy may be updated from time to time in accordance with applicable law. You should review the Privacy Policy periodically to remain informed about how Zenali handles personal information.
10. FEEDBACK AND REVIEWS
10.1 Feedback
If you submit, provide or otherwise communicate to Zenali any suggestions, ideas, comments, recommendations, product feedback or other feedback relating to the Products or Website ("Feedback"), you agree that Zenali may use such Feedback to operate, maintain, evaluate and improve its Products, Website and services.
You understand that Zenali is not required to keep Feedback confidential, compensate you for Feedback, or respond to Feedback, unless otherwise agreed in writing.
10.2 Reviews and User Content
If the Website provides functionality that allows you to submit product reviews, ratings, photographs, comments or other content ("User Content"), you are responsible for ensuring that your User Content is accurate and does not:
- contain false, misleading, defamatory, abusive, unlawful or obscene material;
- infringe the intellectual property, privacy or other rights of another person;
- impersonate another person or entity;
- contain malicious code, viruses or other harmful material; or
- violate these Terms or applicable law.
You retain ownership of User Content that you lawfully own. By submitting User Content to the Website, you grant Zenali a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, publish and distribute that User Content for the purposes of operating, promoting and improving the Website and Products, subject to applicable law.
Zenali reserves the right, but not the obligation, to remove or refuse to publish User Content that it reasonably believes violates these Terms, applicable law or the rights of another person.
11. WEBSITE INFORMATION AND ERRORS
11.1 Accuracy of Information
Zenali makes reasonable efforts to ensure that information available on the Website is accurate, complete and up to date. However, the Website may occasionally contain typographical errors, inaccuracies or omissions relating to Product descriptions, specifications, availability, pricing, promotional offers, delivery information or other content.
11.2 Correction of Errors
Zenali reserves the right to correct, update or modify any errors, inaccuracies or omissions on the Website at any time.
Where an error or omission affects an order that has already been placed, Zenali may take appropriate action, including contacting you, correcting the relevant information or cancelling the affected order where reasonably necessary and permitted by applicable law. Where an order is cancelled due to an error and payment has already been received, Zenali will refund the amount paid in accordance with our Refund and Return Policy and applicable law.
11.3 Website Changes
Zenali may modify, update, suspend or discontinue any part of the Website, including features, functionality, content or availability of particular Products, from time to time.
We will make reasonable efforts to minimise disruption to customers, but we do not guarantee that the Website or any particular feature will always be available or unchanged.
12. PROHIBITED USES
You may use the Website and your Account only for lawful purposes and in accordance with these Terms.
You must not, directly or indirectly:
12.1 Unlawful or Fraudulent Activities
use the Website for any unlawful, fraudulent or unauthorised purpose;
place an order using false, stolen or unauthorised payment information;
engage in fraudulent transactions, payment abuse or any activity intended to obtain Products or services without lawful payment;
- provide false, inaccurate or misleading information to Zenali;
- impersonate another person or entity or falsely represent your relationship with any person or entity;
- create or use an Account for fraudulent or deceptive purposes.
12.2 Account and Order Abuse
You must not:
- create multiple Accounts to circumvent restrictions, purchase limits, promotional conditions or other controls;
- use another person's Account without authorisation;
- attempt to circumvent an Account suspension, restriction or termination;
- abuse promotional offers, discounts, coupon codes or other incentives;
- place orders for the purpose of exploiting pricing, availability or system errors;
- use the Website to engage in unauthorised commercial resale of Products where such activity is prohibited by Zenali or applicable law.
12.3 Website and System Misuse
You must not:
- interfere with or attempt to interfere with the operation, security or integrity of the Website;
- gain or attempt to gain unauthorised access to any account, system, server, network or data connected to the Website;
- introduce or transmit viruses, malware, malicious code or other harmful material;
- use automated systems, bots, crawlers, spiders, scraping tools or similar technologies to access, copy, monitor or extract substantial portions of the Website or its Content without our prior written permission;
- bypass, disable or circumvent any security, authentication, access-control or other protective measures implemented by Zenali;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying structure of any software or technology forming part of the Website, except to the extent such restriction is prohibited by applicable law.
12.4 Intellectual Property and Rights
You must not use the Website or its Content in a manner that:
- infringes or violates Zenali's or any third party's copyright, trademark, patent, trade secret, privacy or other legal rights;
- reproduces or commercially exploits Zenali's Content without permission; or
- falsely suggests an affiliation, partnership, sponsorship or endorsement by Zenali.
12.5 Harmful or Abusive Conduct
You must not use the Website to transmit, publish or communicate material that is unlawful, threatening, abusive, defamatory, obscene, discriminatory or otherwise harmful to Zenali, its employees, customers, service providers or other persons.
12.6 Enforcement
Zenali reserves the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating an Account, cancelling affected orders, restricting access to the Website or taking other action permitted by applicable law.
Where an order or transaction is reasonably suspected to involve fraud, unauthorised activity or other unlawful conduct, Zenali may delay, restrict or cancel the relevant transaction and may cooperate with payment service providers, financial institutions, law-enforcement authorities or other competent authorities where required or permitted by law.
13. SUSPENSION AND TERMINATION
13.1 Suspension or Restriction
Zenali may suspend, restrict or limit your access to the Website or your Account, temporarily or permanently, where we reasonably believe that:
- you have violated these Terms or any applicable policy;
- you have provided false, inaccurate or misleading information;
- your Account or activity presents a fraud, security or other material risk;
- your use of the Website is unlawful or unauthorised;
- suspension is necessary to protect Zenali, our customers, service providers or the Website; or
- suspension is required by applicable law, a competent authority, payment service provider or other legitimate third party.
Where reasonably practicable, Zenali will provide notice of the suspension and the reason for it. However, we may suspend access without prior notice where immediate action is reasonably necessary to prevent fraud, security threats, unlawful activity or other harm.
13.2 Termination by Zenali
Zenali may terminate your Account or your access to the Website where we reasonably determine that you have materially breached these Terms, engaged in fraudulent or unlawful activity, or otherwise used the Website in a manner that may materially harm Zenali, our customers or our service providers.
Zenali may also discontinue the Website or any part of its services, subject to applicable law and any obligations relating to orders or payments already accepted.
13.3 Termination by You
You may request closure of your Account by contacting Zenali through the customer support contact details provided on the Website.
Closing your Account does not cancel or otherwise affect any order that has already been placed, any payment obligation, refund claim, warranty right or other obligation or right that accrued before the Account was closed.
13.4 Effect of Termination
Upon termination or suspension of your Account, you may no longer be permitted to access or use certain features of the Website.
Termination or suspension does not release either party from obligations or liabilities that arose before the effective date of termination.
Any amounts properly due to Zenali will remain payable, and any rights or remedies that accrued before termination will remain unaffected.
13.5 Survival
The provisions of these Terms that by their nature should continue after termination will survive termination, including provisions relating to intellectual property, privacy, prohibited uses, disclaimers, limitation of liability, indemnification, governing law, dispute resolution and any accrued rights or obligations.
14. DISCLAIMER OF WARRANTIES
14.1 Website and Services
Zenali makes reasonable efforts to maintain the Website and provide the services made available through it. However, to the fullest extent permitted by applicable law, Zenali does not warrant or represent that:
- the Website will always be available, uninterrupted or error-free;
- the Website or its Content will always be accurate, complete, current or free from errors;
- defects or technical issues will always be corrected immediately;
- the Website will be free from viruses, malware or other harmful components; or
- the Website will meet every particular requirement or expectation you may have.
Your use of the Website is at your own risk, subject to the rights and protections available to you under applicable law.
14.2 Third-Party Services
Zenali does not guarantee the continuous availability, performance or uninterrupted operation of third-party services used in connection with the Website, including payment processing, banking, telecommunications, hosting, logistics or other third-party services.
Zenali is not responsible for interruptions, failures or delays attributable to third-party services to the extent such matters are outside Zenali's reasonable control.
14.3 Products
Product descriptions, specifications and other information are provided on the applicable Product page and accompanying documentation.
Any warranty applicable to a Product will be as stated on the relevant Product page, warranty documentation or other materials provided with the Product.
Nothing in these Terms is intended to exclude, restrict or limit any warranty, guarantee, consumer right or other protection that cannot lawfully be excluded or limited under applicable law.
14.4 Disclaimer to the Extent Permitted by Law
Except as expressly provided by Zenali, in the applicable Product warranty, or as required by applicable law, the Website and its Content are provided on an "as available" basis without guarantees that the Website will be uninterrupted, timely, secure or error-free.
Nothing in these Terms limits any rights or remedies that you may have under applicable law.
15. LIMITATION OF LIABILITY
15.1 Website and Third-Party Services
To the fullest extent permitted by applicable law, Zenali will not be liable for any loss or damage arising solely from:
- temporary unavailability, interruption or technical failure of the Website;
- delays or failures caused by third-party payment service providers, banks, telecommunications providers, logistics providers, hosting providers or other third parties;
- events or circumstances beyond Zenali's reasonable control; or
- unauthorised access to your Account resulting from your failure to maintain the confidentiality of your Account credentials.
15.2 Indirect or Consequential Loss
To the fullest extent permitted by applicable law, Zenali will not be liable for indirect, incidental, special, consequential or punitive losses arising from your use of the Website or Products, including loss of profits, revenue, business opportunity or data, except where such liability cannot lawfully be excluded or limited.
15.3 Product-Related Liability
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law, including applicable consumer protection rights, product liability obligations, statutory warranties, guarantees or remedies.
Nothing in these Terms limits any rights or remedies available to you under applicable law in relation to a defective, unsafe or incorrectly supplied Product.
15.4 Maximum Liability
To the fullest extent permitted by applicable law, where Zenali is found liable for a claim arising directly from your purchase or use of a Product or use of the Website, Zenali's aggregate liability in respect of that claim will not exceed the amount actually paid by you to Zenali for the specific Product or transaction giving rise to the claim.
This limitation will not apply to the extent that such limitation is prohibited by applicable law or to liabilities that cannot legally be limited.
15.5 No Exclusion of Non-Excludable Liability
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or any other liability that cannot be excluded or limited under applicable law.
Nothing in these Terms is intended to deprive you of any mandatory rights or remedies available to you under applicable law.
16. INDEMNIFICATION
16.1 Customer Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Zenali Innovative Technologies Private Limited, its directors, officers, employees, agents, contractors, service providers and affiliates from and against third-party claims, losses, liabilities, damages, costs and reasonable expenses, including reasonable legal fees, arising out of or relating to:
- your material breach of these Terms or any policy incorporated into these Terms;
- your violation of applicable law or regulation;
- your fraud, wilful misconduct or unauthorised use of the Website or your Account;
- your infringement or violation of the intellectual property, privacy or other legal rights of any third party; or
- your misuse of the Website, Products or services provided by Zenali.
16.2 Indemnification Process
Zenali will, where reasonably practicable, provide you with notice of any third-party claim for which it seeks indemnification. Zenali may participate in the defence of such claim and may appoint its own legal counsel. You agree to provide reasonable cooperation and information necessary to defend the claim. Zenali will not agree to a settlement that imposes a material non-monetary obligation on you without your prior consent, unless such consent is not reasonably required under applicable law.
16.3 Limitations
Your indemnification obligations under this section apply only to the extent that the relevant claim, loss or liability results from your acts, omissions, breach, misconduct or violation of law. Nothing in this section requires you to indemnify Zenali for losses arising solely from Zenali's own negligence, wilful misconduct or violation of applicable law.
Nothing in these Terms limits any rights or remedies available to you under applicable law.
17. SEVERABILITY
If any provision of these Terms is determined by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and the remaining provisions of these Terms will continue in full force and effect.
If necessary, the affected provision will be interpreted or modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent as far as reasonably possible.
18. WAIVER AND ENTIRE AGREEMENT
18.1 Waiver
If Zenali does not immediately exercise or enforce any right or provision under these Terms, that will not constitute a waiver of that right or provision. Any waiver by Zenali will be effective only if expressly provided and will apply only to the specific instance for which it is given.
18.2 Entire Agreement
These Terms, together with the Privacy Policy, Refund and Return Policy, applicable Product-specific warranty terms and any other terms expressly incorporated by reference, constitute the entire agreement between you and Zenali regarding your use of the Website and purchase of Products, except to the extent otherwise required by applicable law.
These Terms supersede any prior or contemporaneous communications, representations or understandings relating to the same subject matter, except where such prior terms are expressly incorporated into a separate agreement or are required to remain applicable by law.
18.3 Interpretation
If there is a conflict between these Terms and a specific Product warranty or other specific terms applicable to a particular purchase, the specific terms will govern to the extent of the conflict, unless applicable law requires otherwise.
Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or restricted.
19. ASSIGNMENT
You may not assign, transfer, delegate or otherwise dispose of your rights or obligations under these Terms without Zenali's prior written consent.
Zenali may assign, transfer or delegate its rights and obligations under these Terms to an affiliate, successor, purchaser of substantially all of its business or assets, or another entity in connection with a merger, reorganisation or similar corporate transaction, subject to applicable law.
Any purported assignment or transfer in violation of this section will be ineffective to the extent permitted by applicable law.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1 Governing Law
These Terms, your use of the Website and your purchase of Products from Zenali will be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.
20.2 Customer Support and Resolution
If you have any question, complaint or dispute relating to the Website, your Account, an order, payment, delivery or a Product, you should first contact Zenali using the customer support and grievance contact details provided on the Website.
Zenali will make reasonable efforts to review and resolve complaints and disputes through its customer support and grievance redressal process.
20.3 Jurisdiction
Subject to any rights or remedies available to you under applicable consumer protection or other mandatory laws, the courts having jurisdiction over Bengaluru, Karnataka, India will have jurisdiction over disputes arising out of or relating to these Terms, the Website or your purchase of Products from Zenali.
Nothing in this section is intended to prevent a consumer from exercising any statutory right to approach a competent consumer commission, court, authority or other forum that has jurisdiction under applicable law.
20.4 Mandatory Rights
Nothing in these Terms limits or excludes any right, remedy, jurisdiction or protection available to you under applicable law that cannot lawfully be waived or restricted by contract.
21. HEADINGS
The headings and section titles used in these Terms are provided for convenience and reference only. They do not form part of the substantive provisions of these Terms and will not affect the interpretation or meaning of any provision.
22. CHANGES TO THESE TERMS
Zenali may update, modify or replace these Terms from time to time to reflect changes to our Products, Website, services, business practices, legal or regulatory requirements, or other legitimate business needs.
The most current version of these Terms will be made available on the Website, together with the date on which the Terms were last updated.
Where required by applicable law, Zenali will provide notice of material changes through appropriate means.
Unless otherwise required by applicable law, changes to these Terms will apply prospectively from the effective date stated in the updated Terms and will not affect orders that have already been accepted by Zenali.
Your continued use of the Website or placement of an order after the effective date of revised Terms constitutes your acceptance of the revised Terms.
If you do not agree to the revised Terms, you should stop using the Website and may request closure of your Account, subject to any rights or obligations relating to orders already placed.
23. CONTACT INFORMATION AND GRIEVANCE REDRESSAL
23.1 Customer Support
If you have any questions, concerns or requests relating to your Account, an order, Product, payment, delivery or these Terms, you may contact Zenali using the contact details provided below:
Zenali Innovative Technologies Private Limited
Registered Office: 2nd Floor, Building No. TC 98/3633, Asiatic Business Centre, BY PASS ROAD, Pallippuram Thiruvananthapuram, Thiruvananthapuram, Kerala, 695582 Website: https://www.playarc.gg/ Customer Support Email: support@playarc.gg
23.2 Changes to Contact Information
Zenali may update its customer support and grievance contact details from time to time. The most current contact information will be made available on the Website.