©2016 KALPATARU. All Rights Reserved.
1. COMPANY INFORMATION
Kalpataru Limited is a registered company under provisions of the Companies Act, 1956 and existing under the Companies Act, 2013 having its registered office at 91, Kalpataru Synergy, Opp. Grand Hyatt, Santacruz (East), Mumbai – 400 055 (the “Company”). The expression ‘Company’, in general, means and includes all its associate companies, subsidiary companies and other companies under Kalpataru Group and in particular, means the company which has developed any particular land development project
2. INTRODUCTION AND ACCEPTANCE
Using Company’s portal, you have agreed to be bound by the terms and conditions hereinafter stated (“Terms and Conditions”) for their use (“Use Policy”) without limitation or qualification.
All references in this Use Policy to “we,” “us,” or “our” shall refer to the Company; and all references in this Use Policy to “you” or “your” “user” shall refer to you or the users of the Company’s portal, as the case may be.
3. GENERAL TERMS FOR USE OF PORTAL
|(i)||By clicking to ‘I Accept” or “I Agree”, you shall be deemed to have agreed to this Terms and Conditions of Use Policy.|
|(ii)||The use of this portal by any person other than you is strictly prohibited.|
|(iii)||You can access this portal only if you are the Company’s customer who has booked flat/s in any of the Company’s project, and the Company has provided you with the Login ID and Password to use this portal.|
|(iv)||In case the booking of any flat or unit is done by you, jointly with more than one person, then you, whose name appears first, shall be the person authorized to use this portal and only through your e-mail ID, which is/shall be registered with the Company, and through the Login ID and password provided to you by the Company. The Company shall not authorize or permit access to this portal by any e-mail ID other than the one which is registered with it.|
|(v)||In order to access certain features of the Company’s portals, you may be required to provide information about yourself (such as some personal identification detail or contact detail) as part of the one-time registration process, including to obtain an account (“account”) to enable you to access certain sections of the portal, or as part of your continued use of such portal. You agree that any information you would give to the Company during registration, shall always be accurate, correct, and up-to-date.|
|(vi)||You agree to use the Company’s portal only for the purposes that are permitted by (a) this Terms and Conditions of Use Policy, and (b) any applicable law, regulation, or generally accepted practices or guidelines (including any laws regarding the export of data or software to and from the Indian Territory or other relevant countries).|
|(vii)||You agree not to access (or attempt to access) the Company’s portal by any means other than through the interface that is provided by the Company. You specifically agree that you shall not access (or attempt to access) any part of the Company’s portal through any automated means (including use of scripts or web crawlers) and that you shall comply with the instructions set out in the portal.|
|(viii)||You agree that you will not engage in any activity that would interfere with or disrupt the Company’s website or portal (or the servers and networks which are connected to such website or portals).|
|(ix)||You agree that you will not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, modify, sell, trade, or resell the Company’s website or portal/s, or any portion, feature, or content thereof, for any purpose; provided that you may download and/or print one copy of the materials (where such downloading and/or printing is permitted) on the Company’s portal (which shall be permitted only in relation to your own account) on any single computer and for your non-commercial use only; and provided that you shall keep intact, all copyright and other proprietary notices on any such downloaded or printed materials and shall not tamper with the same. such breach.|
|(x)||You agree that you are alone and solely responsible for any breach of your obligations under the Terms and Conditions of Use Policy and for the consequences (including any loss or damage which the Company may suffer) of any such breach.|
|(xi)||You must be 18 years of age or older, in order to use the Company’s portal unsupervised. If you are under the age of 18 years, you may only use the portal in conjunction with, and under the supervision of, your parents or guardians.|
|(xii)||You agree and understand that you are responsible for maintaining the confidentiality and security of your account and Password, if any. The Company will not be liable for any unauthorized use or access of this Portal by any person or for any loss or damage caused on account of your failure to comply with this security obligation.|
|(xiii)||You agree that you will be solely responsible to the Company for all activities that occur under your account. All document/s, service request/s, referral request/s or any kind of communication made or done by you through the portal shall be marked and response in respect thereof shall be sent only to your e-mail ID which was used for logging into the portal. It shall be your responsibility to share such information and communications with the person/s who would have booked the flat or unit, as the case may be, jointly with you but whose e-mail ID have not been registered with the Company for use of the Portal, and to inform him/her/them about such information and communications.|
|(xiv)||You cannot and shall not maintain more than one account, irrespective of whether you have booked more than one unit with an intention to purchase them.|
|(xv)||If you become aware of any unauthorized use of your account or password, you agree to notify the Company in writing, immediately. The Company shall not be liable to such unauthorized use of the portal prior to the date of such notification to the Company.|
|(xvi)||You shall not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the portal.|
|(xvii)||In order to maintain security of its systems, the Company reserves the right to monitor and log all internet communications, including web and email traffic, in to and out of its servers.|
|(xviii)||You shall not use the portal in any way that causes, or may cause damage to the Company’s website or portal or impairment of its availability or accessibility or in such manner which is or may be unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.|
|(xix)||The Company, in its sole discretion, reserves the right to terminate, or to modify or discontinue, temporarily or permanently, your access to the Company’s website or portal, or your account, with or without notice, including without limitation, where (a) the Company believes that you have not acted in accordance with this Use Policy and have committed breach thereof, or (b) the Company is required to do so by law.|
|(xx)||Your access to the portal shall be permanently stopped/blocked in the event where your application or allotment, or Agreement for Sale in respect of purchase of the flat/unit, executed by you has been revoked or withdrawn or cancelled by unilateral or mutual acts, as the case may be, or upon the Company offering you possession of the flat/unit, whichever is earlier.|
|(xxi)||Although the Company is not under any obligation to provide the information contained in the portal, the portal is created by the Company only to serve its customers better.|
|(xxii)||The Company will endeavour to ensure that the information made available on the portal is, at all reasonable times, accurate. However, the Company shall not be liable for any errors or omissions. All drawings, descriptive matters, specifications and other information on the portal are for the sole purpose of giving you an approximate account of the facts regarding your transaction with the Company, only for your convenience and reference.|
|(xxiii)||You are aware that the Company shall send information and details relating to transactions and/or promotional material or messages with regard to its projects, to its customers on their mobiles through SMS or any other medium of social interaction and/or by e-mails. Any customers who do not wish to receive any material, information or messages regarding promotions on their mobiles through SMS or by e-mails, are required to intimate to the Company by writing an e-mail to firstname.lastname@example.org so as to stop receiving the same.|
|(xxiv)||None of the details or information or your access to them shall have any bearing on your financial obligations to the Company in respect of the transaction viz. your liability to pay the instalments, taxes, and other deposits and charges becoming due from time to time, which shall continue to be governed by the documents executed between the Company and you. In case of any discrepancy between the information provided in the portal and the individual documents issued by the Company or signed between the Company and you in physical form, the contents of such individual documents shall always prevail over the contents on the portal.|
4. COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Certain features within the Company’s portal may allow you to post comments, send emails and other communications, and submit suggestions, ideas, comments, questions, or other information (together “Commenting”). You agree, understand and represent that all of your Commenting: (i) is accurate, (ii) is owned or otherwise controlled by you, (iii) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third-parties, and (iv) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Commenting. The Company takes no responsibility and assumes no liability for any Commenting content posted by you or any third-party. However, the Company reserves the right (but is not obliged) to monitor and edit or remove any Commenting activity or the content thereof. If you do post Commenting content or submit Commenting material, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Commenting content throughout the world in any media, including the right to use the name that you submit in connection with such Commenting.
Company’s website and portals may be linked to other websites not maintained by the Company (“third party websites”). The Company does not control and is not responsible for the content of and policies governing use of such third party websites not maintained by the Company. The inclusion of any link to such third party websites does not imply approval of or endorsement by the Company of the websites or the contents thereof including advertising, products or other materials on or available from such third party websites or resources.
You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of the availability of links of these third party websites or external sites or resources on this portal, or as a result of any reliance placed by you on the completeness, accuracy or existence of such third party websites or resources.
6. NO WARRANTY
Although we have taken all reasonable steps to ensure the accuracy and completeness of the information on this portal related to your transaction, we give no warranty and make no representation regarding the accuracy and completeness of the contents. Further, no warranty is given that the portal shall be available on an uninterrupted basis.
7. OWNERSHIP, COPYRIGHT AND TRADEMARK
All designs and contents included on this portal, such as trademarks, service marks, trade names, text, graphics, logos, icons, button icons, images, data compilations, domain names, and software, belong to the Company, or its content suppliers, or are used with their respective permission/s. The compilation of all contents on this site is the exclusive property of the Company and may be protected by copyright laws. All software used on this site is the property of the Company or its software suppliers, as the case may be, and they may be respectively protected by copyright laws. Nothing on this site should be construed as granting you any license or right to the content or software used in this portal.
8. COPYRIGHT AND TRADEMARK COMPLAINTS
Kalpataru Limited respects the intellectual property of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement on the Company’s website or portals, please notify to us immediately in writing, posted or couriered at the address : 91, Kalpataru Synergy, Opp. Grand Hyatt, Santacruz (East), Mumbai – 400 055, India.
9. Site Technologies
Company does not provide the technologies used to build the website or portal, and therefore, neither recommends nor does it endorse the same, save and except that they are designed by the Company or by its Vendor/s for the specific use thereof by the Company. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests in the technologies of and belonging to the respective third-parties and which does not belong the Company.
10. EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY
Company’s portal contains information provided by it on “as is”, “where is” and on “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of its portal or the information, content, materials, or services included thereon, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In particular, the Company does not warrant that its portal, its servers, or emails sent from the Company are free of viruses or other harmful components.
The Company accepts no liability in any event including (but without limiting) negligence, for any damages of any kind including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses, whether in contract, tort, or otherwise, arising out of, or in connection with the use of, access to or inability to use the portal, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised or the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other third party websites from this portal.
The Company accepts no liability in respect of losses or damages caused to you on account of any changes made to the content of this portal by any unauthorized third parties.
11. NO THIRD PARTY RIGHTS
These Terms and Conditions of Use Policy are for the benefit of you and the Company, and are not intended to benefit any third party or be enforceable by or against any third party. The exercise of the Company’s and your rights in relation to these Terms and Conditions of Use Policy are not subject to the consent of any third party.
12. APPLICABLE LAW
By visiting the Company’s portal, you agree that the Indian laws, without regard to principles of conflict of laws, if any, will govern this Terms and Conditions of Use Policy.
If you choose to access this portal and information therein, it is your responsibility to comply with the applicable local, national and international laws as may be applicable to you, depending upon your location.
If any of the provisions of this Terms and Conditions of Use Policy is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Use Policy will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue to be in effect and enforceable.
13. CHANGES TO THE TERMS AND CONDITIONS
The Company reserves the right, at any time, to modify, alter, suspend or discontinue, temporarily or permanently, the portal or any part of it and also to alter, or update the Terms and Conditions of this Use Policy without prior notice, without any liability and without assigning any reasons. Such modifications shall become effective immediately upon being posted on the portal. You are, therefore responsible for regularly reviewing these Terms and Conditions. Your continued use of the portal after posting of the modifications shall constitute an acknowledgement and acceptance of the Terms and Conditions of Use Policy and its modifications. You agree that the Company shall not be liable to you or to third party for any such modification, suspension or discontinuance of the portal.
14. how to contact us
Any queries about this Terms and Conditions of Use Policy should be mailed to email@example.com or addressed to the Company and sent by post/courier at: 91, Kalpataru Synergy, Opp. Grand Hyatt, Santacruz (East), Mumbai – 400 055, India.