a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.squareyards.com ("Website"), is owned and operated by Square Yards Consulting Pvt. Ltd. ("Company") a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at 9th Floor, Good Earth Business Bay, Sector 58, Gurgaon -122011, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms 'We', 'Us' & 'Our' shall mean the Website and/or the Company, as the context so requires.
iii) The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
iv The domain name www.squareyards.com is also used for mobile application and these Terms & Conditions shall apply Mutatis Mutandis to the mobile application. Further, the meaning of Website includes the Mobile application.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that user's acceptance of the terms & policy has made it binding on the User.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
i) These Terms and Conditions apply to a user (whether guest user or registered user) who subscribes to our Services from the website currently located at the URL www.squareyards.com and / or the mobile application.
We are professional real estate consultants offering a 360-degree services towards real estate investments. Below mentioned are the list of services:
Property Identification- We provide assistance in property search through our technical research and analysis to match customer requirement.
Transactional Support - The sales team helps during Site visits, Pricing / Inventory Negotiation.
Financial & Administrative Support - We have a dedicated team which aids the customer for Mortgage & Financial services, Administrative & Legal support.
Product Portfolio - We cater into all kinds of properties; categorized as Residential (primary & resale), Commercial, Leasing, Land, Global projects, Affordable Housing, Investor Projects, Structured offerings etc.
Portfolio Structuring & Management- We help diversify our clients' real estate portfolios around the globe and are pioneers in bringing Global Properties with the best payout options to Indian investors.
Service for Life We assign a "Dedicated Relationship Manager" for customer assistance for life.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.
Whichever is later. The Parties agree that certain portions of these Terms ("Sections"), such as Sections 12, 13, 14, 15, 16 & 17, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
5. ONLINE SERVICE PLATFORM
The Website is an online service platform that gives advises and recommendations regarding real estate properties across the globe.
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to [[email protected]] with the subject [Query regarding square yard website use]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained herein above, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, such as browsing the Website is free of cost. The User is only required to pay for the services availed by the User of the Website and/or mobile application. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
8. MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of 'checkout'.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of. Third party payment gateways will be used for facilitating any payment services on our website. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the product / services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the site or over the phone, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated websites where reference to such affiliated websites or any other platform or mobile application has been specifically made. After the user makes his request for the service the user will be asked for his contact information and payment related information. Once the payment transaction has been successfully completed, the user's order will be processed on receipt of the funds from the user's bank or credit card company. It is at this stage that the user's order is successfully placed. Thereafter necessary steps will be taken to execute the order.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
10. USER OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User's access to the Website & initiation of legal proceedings under relevant laws, as detailed below. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company's Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User's access to the Website may also be permanently revoked, at the sole discretion of the Company.
d) Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Unless otherwise permitted by the company in writing, User may only possess one account for using the services on this website/application.
xiv. User of the App/Website shall not violate any applicable law or regulation.
xv. User shall be responsible for all activity that occurs under user account.
xvi. All registration information user submits is truthful, complete, and accurate and you agree to maintain accurate, complete and up-to-date account information in user account.
xvii. User shall be responsible for maintaining the confidentiality of the access credentials of user account and fully responsible for all activities that occur under user account. User agrees to immediately notify the company of any unauthorized use of user ID/Password or account or any other breach of security.
xviii. User agrees that he is aware and responsible for all transactions taking place through user account. User shall continue to be responsible for the transactions in user account, if user knowingly or negligently (i) grant any other person access to the user account on website/app. (ii) permit them to transact on user account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
xix. User shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the website/app, including company copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
xx. User shall not access or use the Website/App in any manner that (i) may be harmful to the operation of the Website/app or its content; (ii) may be unlawful; (iii) maybe harmful to website/app or to any other User; (iv) may hinder the other User’s enjoyment of the Website/App; or (v) to defraud other Users, the company, or its Commercial Partner.
xxi. User shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component, or malicious content, or otherwise impair or damage the Website/App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website/App.
xxii. User shall not delete or modify any content of the Website/App.
xxiii. User shall provide consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the company services. Please note that user’s continued use of the website/app following such updates would mean deemed acceptance by user of the same.
xxiv. User understand and accepts that not all products, services and rewards offered on the Website/App are available in all geographic areas and user may not be eligible for all the products, services and rewards offered by the company on the Website/app or on any other company Platforms. Company reserves the right to determine the availability and eligibility for any product, services and rewards offered on the Website/App or any other platform.
xxv. User shall request the company, to block the Account and change the passcode immediately for the account, if user’s device has been lost or stolen.
xxvi. User agrees to use website/app features only for the intended purposes and not for earning any fraudulent cash back, money laundering, terrorist financing, illicit payments or any other use which is either prohibited by law or is unethical.
xxvii. In particular you also agree not to use the website/application for any prohibited transactions as mentioned below:-
a. The Merchants providing services that have the potential of casting the Payment Gateway Facilitators/Aggregator in a poor light and/or any other act leading to the liability including but not limited to unwarranted payment gateway/aggregator fees/charges, interest, penalties, chargeback and fraud losses;
b. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
c. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
xxviii. Violate any applicable laws, rules or regulations currently in force within or outside India
xxix. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise
xxx. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation
xxxi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xxxii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xxxiii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company
xxxiv. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
e) The User hereby expressly authorizes the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
f) The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
11. Violation of User Obligation
b) If the company has a reason to believe that there is suspicious or unusual activity being carried out through user account, company can take following actions against user:-
• Ask user to Immediate Refund to the company of any scheme benefits in any name, paid/provided to the user, earlier for the transaction; and
• Ask user to Immediate refund of an amount equivalent to any unwarranted charges paid by the company to any other payment gateway/bank due to such fraudulent transactions entered/acts committed by the user.
• Charging of an amount equivalent to 3% as penalty of the amount transacted to the user. Further, company reserves the right to increase the penalty amount, depending upon the severity/scale of the violation/fraud/misuse.
• Temporarily or permanently suspend user access to the Website/application Services.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User's access and/ or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend / terminate the User's membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User's actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
13. INDEMNITY AND LIMITATIONS
a) The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User's obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
b) In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User's use of or access to the Website and/or the products, services or materials contained therein.
c) The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14. INTELLECTUAL PROPERTY RIGHTS
a) Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
b) The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
c) The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.
d) The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
15. DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The Company makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
c) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
d) The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
e) The Company does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website.
f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
17. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai in the state of Maharashtra, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
19. MISCELLANEOUS PROVISIONS
a) Entire Agreement These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Azuro is providing an option to its tenant for making their rental payments to their landlord’s account through our payment gateway(s) offered/provided by Azuro/Square Yards. We are not a bank and do not offer any banking or related services, we only provide a platform to our respective tenants for their rental payment and to process the transactions. The tenants shall be responsible to provide complete Bank Account, credit card account etc. details and need to comply with relevant regulations if any related to such payments and shall be responsible for any non – compliance or defaults in such payments. In case, the transaction is not processed due to incomplete details being provided by you then we shall not hold liable for the failed transactions. In case of amount of remittance exceed (INR 50000) submission of Landlord’s PAN is mandatory without which payment will not be processed to landlord’s account.
Tenant authorize us to make a rental payment through our third party payment gateway in accordance with your payment’s instructions, provided to us directly. Your authorization permits us (a) to debit or credit your Balance, a Bank Account, any credit card, debit card, or other payment cards that we accept ("Cards"), for making the rental payment to respective landlord’s account. Your authorizations will remain in full force and effect while you maintain your payment(s) with us and for any Bank Account.
2. Transactions terms:
The tenant would be responsible for entering the correct bank accounts details at the time of making the transaction and in no circumstances, Azuro/Square Yards shall be held responsible for any wrongful credit due to incorrect bank details. Tenant would be responsible for any fraudulent transactions happened through his bank account, credit card account etc. by any third party due to his negligence and / or providing your bank or card details to any third party. In no circumstances, Azuro/Square Yards shall be held responsible for any such fraudulent transactions and no refund shall be made by the Azuro/Square Yards once the money is successfully credited to the designated bank account of the Landlord. We may delay, suspend or reject a payment(s) transaction for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute or otherwise unusual.
The tenant agrees not to hold Azuro/Square Yards responsible and/or liable for any issue or claim arising out of any dispute whatsoever between you and/or the recipient and/or any financial institution. Tenant agree to hold harmless Azuro/Square Yards for any transaction done by you with incorrect details etc. which gets credited in any wrong account. Tenant agree to fully indemnify and hold harmless Azuro/Square Yards, its affiliates and employees against any claim or action by any person or regulatory authorities.
4. User Obligations:
5. Violation of User Obligations:
6. Suspicious / Fraudulent transactions:
The Tenant is supposed to immediately notify us in case any suspicious / fraudulent transaction is observed by him. It is the tenant responsibility to keep his financial details strictly confidential and not share them with any other person. As soon as any suspicious / fraudulent transactions get reported, we shall take the necessary measures and try to stop the same. However, we shall under no circumstances be liable for any refund etc. to any person / Authority for such transactions if the money is credited to the designated bank account of the landlord as provided by the tenant.
In case, Azuro/Square Yards is not able to transfer the rent amount to the designated bank account of the Beneficiary due to any technical issues, then we shall refund the amount in the same account from which the remittance was initiated. You are advised not to transfer the rent directly to the landlord until a refund ID is generated and sent to you through email and SMS. Azuro/Square Yards shall under no circumstances be liable to repay / refund the amount to the tenant once the amount has successfully been credited in the designated bank account of the Landlord. Chargebacks: The amount of a transaction may be charged back or reversed (a "Chargeback") from the Beneficiary if the transaction is either:
(a) is disputed by the Remitter,
(b) is reversed for any reason,
(c) was not authorized or we have reason to believe that the transaction was not authorized, or
(d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
In such cases, the Recipient of the amount will immediately pay us the amount of any such Chargeback and any associated fees, fines, or penalties assessed by our associated Payment Network Gateways / Financial Institutions. The tenant shall assist us when requested, at their own expense, to investigate any of the disputed transactions processed through our Platform. For any such Chargebacks associated with Cards, we will assist the tenant to contest the Chargeback with the Network or issuing banks in case the Beneficiary chooses to contest any of such Chargeback. In case of the Beneficiary’s failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 3 business days of our request, may result in an irreversible Chargeback. Any Chargeback shall be the sole responsibility of the Beneficiary and we shall not be liable in any manner whatsoever for the same.
Notwithstanding this policy, any specific terms, and conditions as mentioned related to transactions and/or as agreed with a tenant before/during/after the transaction, will override the terms and conditions mentioned here in case of a conflict.
We reserve right to make changes to our associated terms & conditions on refund and cancellation policy from time to time. A tenant is advised to refer to our latest terms and conditions before making a transaction.
Square Connect shall mean a smartphone app owned and operated by Square Yards Consulting Pvt Ltd that can be used on Smartphone device(s). It should be used by Square Connect Application User who has signed up for the Square Connect program and has downloaded the application. This also includes the Platform Uses Fee which will grant the user access to premium and additional features of the app. Square Yards Consulting Pvt Ltd is a real advisory estate firm with its corporate office at Good Earth Business Bay, 9th Floor, Sector 58, Gurgaon - 122011
2. Enrolment & Usage
Square Connect user should share the correct details with Square Yards at the time of enrolling into the program. If it is found that given details are incomplete or incorrect, then enrolment to the application may be refused without assigning any reasons. Square Yards team shall reserve the right to offer the application by invitation to any prospective Square Connect users as it may deem fit.
3. Pre-condition regarding Payment of Commission to Members
In case of any Booking done with the Company by Channel Partner themselves as the purchaser or their close relative, then Channel Partner can claim his commission only after successfully completing atleast one Booking in the past. In case of a new Channel Partner, he is required to complete second booking successfully to claim his commission over First Booking.
4. Termination of Membership
The membership may be terminated in three conditions: First, if user uninstalls the application; Second, if a user acts in a manner inconsistent with any central/state/local laws, statutes or ordinances and Third, the user may be disqualified to use the app, arising out of his/her misconduct, fraud and misuse of the application.
Termination of Subscription to Platform Uses Fee:
• In the event of cancellation of subscription, the user will be able to access the service till the end of the billing period.
• Subscription amount once paid is non-refundable.
• Partial usage or non-usage of the service after the payment will not be considered as cases for refund.
The subscription fee can be paid by various means like UPI, credit/debit card, net banking, digital wallets etc. The Users can also utilize a debit mandate/standing instruction for continuous availability of membership.
5. Intellectual Property Rights: Service Content, Software and Trademarks
Square Connect user acknowledges and agrees that the membership may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. He/she further agrees not to copy, modify, rent, lease, distribute or sell the membership or the content, in a whole or in part.
In connection with the use of the membership user shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The software is the sole property of Square Yards. You agree not to copy, modify, reverse engineer or other attempts to discover any source code in order to sell, rent or sublicense to any other third person.
All the settlement of disputes shall be governed by the laws of India only and shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the member shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts in New Delhi only.
All the claims and disputes should be notified to Square Yards within (Fifteen) 15 working days from the date of event, after that no Square Connect user shall have any claim against Square Yards.
Square Yards shall have the right to transfer, assign and sell, in whole or in part, the Square Connect App to any third party without any reference or intimation to the Square Connect users. All logos and trademarks are the sole property of Square Yards.
7. Disclaimer of Warranties
The use of the membership is at the user's sole risk. Square Yards expressly disclaims all warranties of any kind, whether express, implied or statutory, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Square Yards makes no warranty that the membership will adhere to member's requirement, the membership will be uninterrupted, timely, secure or error free, the results obtained from the use of membership will be accurate or reliable.
8. Limitation of Liability
Square Connect users should understand and agree that Square Yards shall not be liable for any indirect, incidental or exemplary damages for loss of profits, goodwill, data or other intangible loss resulting from the inability to use the service, conduct of any third party on the service, unauthorized access to member's transmissions or data or any other matter relating to the service.
We are committed to protecting the privacy of our members and their transactions. The following section explains what information we collect, how we use and protect your information in safe and secure manner.
10. Information We Collect
During the signing process, Square Yards may collect personal data and other information as described below:
• When users interact through the application, we also receive and store personally non-identifiable information. The stored information cannot be used to specifically identify a member. Square Yards may store such information in databases owned and maintained by Square Yards affiliates or service providers.
• Square Yards may use the information to track, for example, the total number of visitors, the number of visitors to each page of our website, the domain names of our visitors' internet service providers and how our users use and interact with the application.
• To serve the users of the application in a better way, Square Yards may conduct research on user's demographics, interests and behaviour based on the personal data provided to us.
• Square Yards may share this information with its affiliates, agents and business partners, but this information does not identify a user personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
• We will collect data through cookies with your prior permission.
11. Use of Member's Personal Data and Other Information
Square Yards and its subsidiaries and affiliates may also use your personal data and other non-identifiable information to improve the content and functionality of the program, to better understand our users, and to improve the Square Connect application. We may also contact you in the future to tell you about services we believe will be of interest to you.
12. Our Disclosure of Your Personal Data and Other Information
Square Yards will not sell your personal information. Instead, we consider this information as a vital part of our relationship with application users. However, we may share your personal data with third parties without any prior notice to you, as set forth below -
• Agents and Consultants: We may share your personal data with other agents and consultants that are hired to perform certain business related functions. For instance, to send emails and SMS messages, maintaining databases, offering and developing certain features of the application, and maintenance and security.
• Legal Requirements: Square Yards may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation or assist government enforcement agencies, protect and defend the rights or property of Square Yards or our users, act in urgent circumstances to protect the personal safety of users of the services or the public and protect against legal liability.
We do not share your personal data for marketing or promotional use without your consent except as part of a specific or feature for which you will have the ability to opt-out.
Square Yards takes necessary steps to protect personal data provided by you from loss, misuse and unauthorized access. However, transmission through internet is not fully secure, so you should take special care in deciding what information you should submit via electronic transmission.