TERMS AND CONDITIONS
Please read this document carefully. By accessing or using iProp91, you agree to be bound by the terms and conditions set forth below. If you do not agree with any of these terms and conditions, you should not access or use iProp91. If you have any questions about these terms, please contact support@iprop91.com
The domain name www.iProp91.com (hereinafter referred to as "Website" or “Site” or “Platform”) is owned by iProp91 Technologies Private Limited, a company registered under the provisions of the Companies Act, 2013 having its registered office at 3025, 3rd Floor, Sector 46, Gurgaon, Haryana – 122003 (hereinafter referred to as the "Company/ We/ iProp91 or Us"). These terms ("Terms") constitute a legally binding agreement between you and iProp91 regarding the use of the Website or the domain or subdomain thereof and any service offered or deemed to be offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service").
Your use of the Site and services and tools are governed by the following Terms which are incorporated herein. By mere use of the Site, you shall be contracting with iProp91, the owner of the Site. These Terms including the policies constitute your binding obligations, with iProp91. Therefore, it is imperative that before using the Site you acquaint yourself and understand the applicability and consequential application of these Terms.
When You browse the Site or use any of the services, either provided directly or indirectly by Us and/or any third party, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, which shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Privacy Policy, which may be amended from time to time.
We hold the sole right to modify the Terms without prior permission from You or informing You. The relationship creates on You, a duty to periodically check these Terms and stay updated on its requirements. If You continue to browse/use the Site following such a change, this is deemed as consent by You to the so amended policies. iProp91, reserves its right to withdraw wholly or partly, without assigning any reason, any of Services offered through the Website with or without any notice. iProp91 reserves the right to suspend the operations for support or technical upgradation, maintenance work, in order to update the content or for any other reason without intimating any user in advance.
If you utilize the Website in a manner inconsistent with these Terms, We may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
Services
iProp91 provides numerous services, either directly or through third party service providers, including the following, which can be either be provided free or purchased through various methods of payments offered and at all times be governed by specific policies of sale, like subscription terms, fees, payment, refund policy, cancellation policy etc.:
- Digitally saving all real estate /property related documents in a safe format
- Review and analysis of key terms of property documents
- Providing a common platform to verified users to share their ownership experience
- Creating a platform for verified users to connect and interact with their neighbors, society residents and other persons having common interests and issues. This may also include services which will enable you to communicate with other iProp91 users including through messages, voice and video calls, sending images and video only when you choose to use such services
- Proving or facilitating expert services, either directly or through third parties, including legal, financial, commercial and any other service relating to real estate sector
- Listing of properties for the purpose of sale/rental of property, and related real estate services
- Real estate management services
- Sending or facilitating advertisements or promotional messages through media or electronic channels
Third Party Services
The Website may provide links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that iProp91 is not responsible for the availability/accuracy of content including but not limited to opinions, advice, statements and advertisements provided on third party web sites and You shall bear all risks associated with the use of such content and for acting upon such content. You are requested to peruse the policies posted by respective web sites regarding privacy policy and terms of use before usage of the said third party web sites. iProp91 is not responsible for any loss or damage of any sort You may incur from usage of contents of third party websites. iProp91 makes no representations or warranties as to the functioning of any third party website. A link to a third party web site from the Website does not constitute endorsement by iProp91 of the owner of the other site, the content of its site, or its products or services.
Legal Status
You hereby represent and warrant to iProp91 that you are at least 18 (eighteen) years of age and are legally competent to enter into a valid and binding contract as per applicable laws and performance thereof. In order to use any of the services made available on or through the Website, You shall be required to register your account and provide all necessary details and documents prior to uploading any content and / or comment and any other use or services of the Website. These details shall include but not be limited to complete name, age, email address, residential address, contact number, property details and ancillary documents. You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You.
You agree: a) to provide true, accurate, current and complete information about yourself as prompted at the time of registration; b) to maintain and promptly update the information provided during the registration process to keep it true, accurate, current, and complete at all times; c) that any data entered on the Website will be subject to mandatory verification process by Us; d) that any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service(s) shall be obtained by You at your cost; e) that any and all payments made by You for availing the Services will be subject to applicable taxes which shall be your sole responsibility; f) that You shall be solely responsible and liable for any activity on Your account; g) that by sharing or posting any information, detail or document on the Website, You have granted to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right to exercise all copyright and publicity rights in relation to such information, detail or document, which can be saved, used and commercially exploited by iProp91 as deemed fit by them, other than any personally identifiable information as may be restricted under applicable law; and h) at all times to comply with the communications or instructions as may be issued by iProp91 from time to time for the use of the Website/Services. In the event You provide us with false and inaccurate details or iProp91 has a valid reason to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account, levy penalty and also notify/inform the other members of Website.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You agree not to use the Website (including, without limitation, any Services you may obtain through your use of the Website): a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; b) to stalk, harass, or harm another individual or organization; c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; d) to interfere with or disrupt the Website or servers or networks connected to the Website; e) to list or sell any prohibited / banned product and/or service.
Right to communicate
As part of the Services offered to all users, we may need to communicate with You via text/ e-mail. You agree to receive such texts/e-mails which are specific to Your account and necessary for the normal functioning of the Services, including one or more welcome texts/e-mails which help inform new users about various features of the Services. By becoming a registered member of iProp91 and/or using the Services, you agree to receive certain communication from iProp91 from time to time. You hereby confirm that, you do not have any objection to receiving such emails, messages (SMS or any other mode) or calls from iProp91, its group companies, affiliates, subsidiaries or third party service providers. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
Intellectual property rights & use of data
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express written permission from Us. You may use the trademarks of our affiliated companies only with their prior written permission.
In order to operate and provide our Services, You grant iProp91 a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services.
To report claims of third-party copyright, trademark, or other intellectual property infringement, please notify us at support@iprop91.com. We may take action with respect to Your account, including disabling or suspending Your account, if You clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons.
Disclaimers and Release
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “IPROP91 PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE IPROP91 PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IPROP91 SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL, DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER) DUE TO ACCESS, DOWNLOAD OR USAGE OF CONTENTS FROM THE WEBSITE. THE CONTENT OF THE WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE.
Limitation of Liability
THE IPROP91 PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE IPROP91 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE THOUSAND RUPEES OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
If anyone brings a claim ("Third-Party Claim") against iProp91 Parties related to Your actions, information, or content on the Website, or any other use of our Services by You, You will, to the maximum extent permitted by applicable law, indemnify, and hold the iProp91 Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) Your access to the Website or use of the Services, including information and content provided in connection therewith; (b) Your breach of our Terms or applicable law; or (c) any misrepresentation made by You. You will cooperate as fully as required by Us in the defense or settlement of any Third-Party Claim. Your rights with respect to iProp91 are not modified by the foregoing indemnification if the laws of Your country or territory of residence, applicable as a result of Your use of the Services, do not permit it.
Governing Law
There is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between iProp91 and any User of the Service.
The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within 30 days after such claim or cause of action arose or be forever barred. These Terms and any dispute or matter arising from incidental use of the Website or the Services is governed by the laws of India and the User and iProp91 hereby submit to the exclusive jurisdiction of the courts at Gurgaon, Haryana, India.
If any dispute arises between a user/users and iProp91 arising out of use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Gurgaon, Haryana. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
Miscellaneous
- Unless a mutually executed agreement between You and Us states otherwise, our Terms shall constitute the entire agreement between You and Us regarding use of the Website and our Services, and supersede any prior agreements.
- We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, You may separately consent).
- Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.
- Our Terms are written in English. Any translated version is provided solely for Your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
- All of Our rights and obligations under the Terms are freely assignable by Us to any of Our affiliates, to any third party or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and We may transfer Your information to any of Our affiliates, successor entities, assignee or new owner. In the event of such an assignment, these Terms will continue to govern Your relationship with such third-party. If You do not agree to such an assignment, You must stop using the Services by deleting Your account.
- You will not transfer any of Your rights or obligations under the Terms to anyone else without Our prior written consent.
- If We fail to enforce any of the Terms, it will not be considered a waiver.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions of the Terms, and the remaining portion of the Terms will remain in full force and effect.
- We reserve all rights not expressly granted by Us to You.
Grievances
In case You have any complaints and/or grievances in relation to any Services, You can send Your complaints via our grievance address located at support@iprop91.com.