DIGILLENCE SOLUTIONS PVT LTD

TERMS AND CONDITIONS

LAST UPDATED ON 01.06.2023

This Terms of Service (“Agreement”) is a legally binding agreement between you (the “User,” “you,” or “your”) and Digillence Solutions Pvt Ltd (“Company,” “we,” “us,” “our”). The company has developed a new website, i.e., the Website and a WAP site platform. The Website and WAP site is a consumer-facing platform.

TERMS AND CONDITIONS

Home4us.in and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with 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 Home4us.in. If you have any questions about these Terms, please contact [email protected].

1. INTRODUCTION TO THE COMPANY AND ITS PLATFORM

The website is Home4us.in, including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet, and other smart device applications, and application program interfaces etc, (hereinafter collectively referred to as "Home4us") are owned, hosted, and operated by Digillence solutions Pvt Ltd, a company incorporated in India under the Companies Act, 1956, and having its Registered Office at 1st Floor, B-3/414, Paschim Vihar, New Delhi, North West Delhi, Delhi, 110063. These Terms and Conditions constitute a legally binding agreement between Home4us.in and the user (the “Agreement”).

The User acknowledges and agrees that they have read the document carefully and that their use of the Company Website., www.Home4us.in(the Website and the WAP site) will be governed by this Agreement, the Company Privacy Policy and any related terms.

2. MODIFICATIONS

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement.

Such modifications shall be effective immediately upon posting of the modified Terms and Conditions on Home4us.in. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of Home4us.in, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. Home4us.in may also suspend the operation of Home4us.in for support or technical upgradation, maintenance work, in order to update the content, or for any other reason.

If you utilize Home4us.in, in a manner inconsistent with these Terms and Conditions, Company 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.

ATTENTION:

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY USING AND NAVIGATING THROUGH OUR WEBSITE AND THE SERVICES, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; AND (C) YOU ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY REFERENCED HEREIN. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE WEBSITE, AND/OTHER SERVICES.

3. TERRITORIAL RESTRICTION

The Website, WAP site and the Services are available for use and download in India only. If you are a resident of any other country besides India, please do not download, register and/or use the Website. If you are a resident outside India, please ensure compliance with all local laws prior to using the Website and WAP site

4. PRIVACY POLICY

Our Privacy Policy describes how we handle the information you provide to us when you use the Website and WAP site. You understand that through your use of the Website and WAP site, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Company and its trusted partners.

5. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, personal, non-exclusive, revocable, and non-sublicensable license to access and use the Website and Services. If you access the Services via the WAP site, we grant you a limited, non-exclusive, revocable, non-exclusive, non-sub licensable, and non-transferable license to: (a) to access, stream, download and use on such Mobile Device content and Services made available in or otherwise accessible through the Website and WAP site, strictly in accordance with this Agreement.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, WAP site and Services, except as expressly permitted in this Agreement. The Website, WAP site and Services are provided to you AS IS. When accessing the Website, WAP site and Services, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs and other fees that might apply.

6. DEFINITIONS

(i) The term “subscriber” would include any person, whether an individual or a legal entity who has subscribed to the services of Home4us.in (whether on a paid or free basis) and to whom the access to Home4us.in is restricted using a sign-in user name and a password. The username and password are either allotted by Home4us.in or chosen by the subscriber or agreed upon by Home4us.in. It is made abundantly clear that only the authorized user has the right to access the services so offered by home4us.

(ii) The term “browser/visitor” will mean and include a person who utilizes any of the services offered by Home4us.in, without the need or a requirement to create an account i.e., visits non-restricted portions of Home4us.

(iii) The terms ‘user’ and ‘customer’ would include both the subscriber/advertiser(s) and browser/visitor(s)

(iv) The terms ‘service’ or ‘services’ would mean to include the interactive online information service offered by Home4us.in on the internet through which the user may access information carried by Home4us.in in the database maintained by it. The terms would also include meaning the search tools through which the user can search through the hosted databases and information using several search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to Home4us.in acting as an agent either express or implied on behalf of any user/customer and is merely acting as a medium of information exchange.

(v) The term RERDA shall mean and include the real estate (regulation and development) act, 2016 (http://mhupa.gov.in/user_panel/userview.aspx?typeid=1535) as amended read with any rules or regulations that might be framed thereunder.

(vi) The term “LMA” shall mean and include the legal metrology act, 2009 (https://consumeraffairs.nic.in/acts-and-rules/legal-metrology/the-legal-metrology-act-2009) as amended read with any rules or regulations that might be framed thereunder.

The use and access to Home4us.in shall be subject to these Terms and Conditions. For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorized user’ and will nevertheless be subject to the Terms and Conditions regulating the usage of Home4us.in, and expressly so with respect to respecting the Intellectual Property Rights of the Home4us.in, and abiding by Terms and Conditions mentioned hereby.

7. PAYMENT

Accessing and using the Website, App or the Services is currently free of cost. In the event that Company modifies this clause to include a subscription fee in the future, Company will provide communicate such modification to the User as per the procedure detailed under Section 2.

8. COMPANY COMMUNICATIONS

You understand and agree that you may receive information and push notifications from Company and 99acres via text messaging or through email. You hereby consent to receive communications via the text message, WhatsApp messages or for calls to your mobile number. You acknowledge that you may include additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not us.

Email Contact: Company will send promotional messages to your email ID. If you would not like to receive any promotional messages from us, please send us an email at [email protected]. When you send us a query email on [email protected], you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email ID, you agree with our Terms of Service and Privacy Policy.

Push Notification: You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Website, WAP site and Services.

9. ACCESS RIGHTS

You can access our Website at www.Home4us.in. When browsing through the website or the WAP site, you are required to provide us with any registration information including any Personal Data, while filling the lead form. Please do note that the Company will not be liable for any loss or damage arising from your failure to comply with this Section 8. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement including, without limitation, the terms of this Section 8. You agree to cooperate with us if the security of our Services is compromised by you or another person through the use of the website, WAP site and services. 

10. RESERVATION OF RIGHTS

You acknowledge and agree that the Website, WAP site or the Services are provided for your use, and not sold to you. Except to the extent necessary to access and use the Website, WAP site or the Services, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the Website and the Services whether expressly, by implication, estoppel or otherwise. Company and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the Website and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

11. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

12. SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

User agrees not to submit any property descriptions, photographs, financial, contact, or other information contained in each property’s data to Home4us.in, unless the user submitting such a listing/advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said property(s) on the user’s website or on Home4us.in. 

Similarly, Home4us.in does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of the sale of space by Home4us.in & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. 

In case a user is covered under the RERDA, it shall have to ensure adherence to all compliance necessary, including but not limited to obtaining the necessary registrations, etc. The user shall disclose all material information as required by LMA and in respect of their registrations under RERDA and all such property(ies) submitted, including the present status and nature of such property, and shall also disclose whether the property is free from all encumbrances or not. 

The user in addition shall furnish a brief background of such property in respect of title, ownership, and possession, Home4us.in may also require the user to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The user may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Home4us.in may, at its sole discretion, but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. 

In addition, Home4us.in may require additional evidence of compliance with this provision from users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. Home4us.in will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or intentionally violates these terms and conditions. 

Additionally, the user agrees to allow the property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the user’s website or the Home4us.in website. Home4us.in shall have the sole authority to choose the way any property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Home4us.in and Home4us.in shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms, the user agrees

(i) To represent and warrant that all properties and associated information provided by the user will be accurate;

(ii) That the user will not permit the posting of a property on Home4us.in under a name other than the name of a Real Estate Agent who has been duly authorized and engaged by the owner of the property in this regard;

Home4us.in shall place the information relating to properties at defined sections of Home4us.in or such other mirror or parallel site(s). Home4us.in reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties posted on the user’s website or on Home4us.in without notice. Home4us.in accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the user. 

While Home4us.in shall take all reasonable efforts for data backup and business resumption, the user will be solely responsible for retaining backup copies of all information, photographs, and other materials furnished/submitted to Home4us.in.

Users, who are buying properties through Home4us.in, must verify details of the property/properties as well as its right, title, ownership, lien, etc. On their own.

13. USE OF INFORMATION

User agrees to treat all information obtained from the service, including listings, member directory, and any information otherwise made available to user in the service (“content”) as proprietary to Home4us.in. The user agrees that content reserved for members will be maintained as confidential and shall be protected as a trade secret of Home4us.in. Home4us.in does not ensure the accuracy of, endorse or recommend any content and a user uses such content at the user’s own risk. A user may access the listings/advertisements in the service solely to obtain initial information from which further evaluation and investigation may commence. 

User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any content that is obtained from the service, or that is otherwise made available to user in the service, for or in connection with any other listing/advertising service or device. User further shall not use the service provided by the company in any other manner for or in connection with any other listing service or device. Users violating these specific terms, specifically those users searching the service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

14. INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks, and service marks (“marks”) appearing in Home4us.in are the properties either owned or used under license by Home4us.in and/or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Home4us.in / its associates. The access to Home4us.in does not confer upon the user any license or right to use in respect of these marks and therefore the use of these marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.

Home4us.in respects the Intellectual Property (IP) Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Home4us.in shall protect and respect the IP   Rghts of the users as well as third parties to the best of its ability. In a case where a user(s) is found to be using Home4us.in as a platform to infringe the IP  Rights of others, Home4us.in will be free to terminate this agreement forthwith without any notice to the user.

15. USER DO’S AND DON’T’S 

As a condition to access the Website, Apporthe Services, you agree to this Agreement and to strictly observe the following Do’s and Don’ts. 

DO’s

(i) Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;

(ii) Provide accurate information to us and update from time to time as may be necessary;

(iii) Review the Privacy Policy;

(iv) Review and comply with notices sent by us, if any, concerning the Services

DONT’S

(i) Utilise the services offered by Home4us.in in any manner to impair the interests and functioning of Home4us.in and which is non-compliant with laws and regulations including RERDA

(ii) Access data not intended for you or log into a server or account that you are not authorized to access

(iii) Attempt to probe, scan, or test the vulnerability of a system or network;

(iv) Attempt or breach security or authentication measures without proper authorization;(v)Attempt to interfere with, access to any other user including but not limited to submitting a virus of any kind or trojan horse to Home4us, overloading, flooding, mail bombing, or crashing

(v) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in home4us except as permitted;

(vi) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. On Home4us to any other system. No reproduction of any part of Home4us may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or Home4us, whether in hard copy or electronic format, including postings to any other Home4us; or

(vii) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Home4us.in or link to Home4us.in, without our express written consent

(viii) the user shall not utilize the services offered by home4us in any manner so as to impair the interests and functioning of home4us. The user undertakes not to duplicate, download publish, modify, and distribute material on Home4us.in unless specifically authorized by Home4us.in, in this regard. 

(ix) The user undertakes not to establish any deep link or other connection to any specific page of Home4us.in other than the home page without obtaining the prior consent of Home4us.in. Home4us.in strictly forbids copying, or duplicating web pages or content using any automated process such as spiders, crawlers, etc., or through any manual process for a purpose that has not been authorized in writing.

(x)Users undertake that the services offered by Home4us.in shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Home4us.in is not obligated to but reserves the right to filter and monitor and block the emails sent by you/the user using the servers to maintained by Home4us.in to relay emails. All attempts shall be made by Home4us.in and the user to abide by international best practices in containing and eliminating spam.

(xi) The user/subscriber/visitor to home4us or affiliated site(s) is prohibited from uploading, posting, transmitting, updating, or sharing any information that:

a. Belongs to another person and to which the user does not have any right to;

b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;

b. Harm minors in any way;

c. Infringes any patent, trademark, copyright, or other proprietary rights;

d. Violates any law for the time being in force;

e. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

f. Impersonate another person;

g. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

h. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

i. Violations of system or network security may result in civil or criminal liability.

16. LINKS TO THIRD-PARTY WEBSITES

Home4us.in may provide links to other third-party world wide web sites or resources. Home4us.in makes no representations whatsoever about any other website you may access through Home4us.in.

17. DISCLAIMER AND WARRANTIES

Home4us.in is an intermediary as defined under sub-clause (w) of section 2 of the information technology act, 2000.

Your access to and use of the Website, WAP site or the Services or any content are at your own risk. You understand and agree that the content of Home4us.in Website, WAP site or the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. basis, without warranties or representations of any kind, either express or implied COMPANY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Home4us.in and any third party providing materials, services, or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of Home4us.

Views expressed by the users are their own, Home4us.in does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy or otherwise improper content is sighted by you on the website, WAP site or the services, you are required to bring the same to the attention of the Company by contacting us on [email protected] report abuse.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, real estate, and other related information listed on the website. Home4us.in does not warrant that access to the website will be uninterrupted or error-free or that defects in the website will be corrected. Home4us.in offers no guarantee no warranties that there would be a satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Home4us/Home4us.in are solely for the purposes of display of the property advertised.

Users are strongly advised to independently verify the authenticity of any pre-launch offers received by them. Home4us.in does not endorse investment in any projects which have not received official sanction and have not been launched by the builder/promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in Home4us.in or any of its affiliates. Further, nothing contained in Home4us.in should be construed as a recommendation to use any product, process, equipment, or formulation, in conflict with any patent, or otherwise and Home4us.in makes no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.

Home4us.in is controlled and operated from India and Home4us.in makes no representation that the materials are appropriate or will be available for use in other parts of the world. If you use Home4us.in from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

Home4us.in offers products, services, content, and various other functionalities through Home4us.in and its affiliate sites to specific regions worldwide. The services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments, and other considerations/factors. Home4us.in does not make any warranty or representation that a user in one region may also obtain the services as provided in another region. Information on Home4us.in may contain references to products, programs, or services that are not announced or available in your country. Such references do not in any manner imply that Home4us.in intends to announce, launch or provide such products, programs, or services in your country.

18. LIMITATION OF LIABILITY

THE COMPANY, AS A DATA AGGREGATOR, DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR WARRANTY FOR THE ACCURACY, COMPLETENESS, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE REAL ESTATE LISTINGS PROVIDED THROUGH ITS WEBSITE, WAP SITE AND PLATFORM. THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES, OR DISPUTES ARISING FROM OR RELATED TO THE ACTUAL PURCHASE OF REAL ESTATE FACILITATED THROUGH ITS WEBSITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY EXCEED THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE WEBSITE, WAP SITE OR THE SERVICES. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE WEBSITE, WAP SITE OR THE SERVICES (II) YOUR USE OF THE WEBSITE, WAP SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM,WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE USE OF THE WEBSITE, WAP SITR OR THE SERVICES, (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, (IV) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT COMPANY IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS, (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, (VI) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION, (VII) YOUR WILLFUL MISCONDUCT, OR (VIII) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, APP OR THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE HOME4US.IN, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, LOSS OF PROFIT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY INCLUDING FORCE MAJEURE, AND WHETHER OR NOT, SUCH ORGANIZATIONS OR ENTITIES WERE INTIMATED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HOME4US.IN ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S DATA/INFORMATION. HOME4US.IN SHALL NOT BE RESPONSIBLE FOR ANY PROBLEM OR TECHNICAL MALFUNCTION ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO ANY USER AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS/INFORMATION FROM THE WEBSITE.

UNLESS OTHERWISE SPECIFIED AND NOTWITHSTANDING ANYTHING CONTAINED IN ANY OTHER AGREEMENT OR ARRANGEMENT, BY WHATEVER NAME CALLED, THE PERFORMANCE OBLIGATION OF HOME4US.IN (SERVICE PROVIDER) IS TO PROVIDE ACCESS TO ITS ONLINE PORTAL TO THE CUSTOMER FOR THE DURATION OF THE SUBSCRIPTION PERIOD & REFERENCE TO ANY USAGE, BY WHATEVER NAME CALLED OR ANY OTHER PERFORMANCE OBLIGATION, IF ANY, IS TO PROVIDE THE UPPER LIMIT FOR CONSUMPTION, WHICH BY ITSELF, DOES NOT CREATE ANY ADDITIONAL PERFORMANCE OBLIGATION UPON HOME4US.

19. TERMINATION

Home4us.in may, without notice, in its sole discretion, and at any time, terminate or restrict your use or access to Home4us.in (or any part thereof) for any reason, including, without limitation, that Home4us.in, based on its judgment and perception believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or any applicable law.

20. INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on Home4us.in may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto, and other applicable laws, statutes, and its rules and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password.

You agree to defend, indemnify, and hold harmless, Company, Home4us.in and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners, and agents, (the “Company Indemnified Parties”) from and against any and all claims, suit, actions, demand or proceeding brought by any third party against Company Indemnified Parties arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, gross negligence or wilful misconduct of you or your employees, agents or contractors; (iii) incorrect information provided by you in your account or elsewhere ; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations, including (but not limited to), without limitation reasonable legal and accounting fees, resulting from any claim, suit, action, demand or proceeding, alleging or resulting from your use of Home4us.in material or your breach of these Terms and Conditions or any applicable law.

Company will not be a party to any legal proceedings between parties contracted through these services. In case Company is sought to be implicated in any legal proceedings, costs will be recovered from the party that names the Company, Home4us.in as a party, to such proceedings. Company shall abide by any court order served on it through due process.

21. PRIVACY POLICY

The user of Home4us.in is subject to Company’s Privacy Policy.

22. ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

If any dispute arises between a user/users and Company arising out of the use of the website or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The decision of the arbitrator shall be final and binding on both parties to the dispute. The seat of Arbitration shall be Delhi. The Arbitration & Conciliation act, 1996, shall govern the entire Arbitration proceedings.

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

You and Company agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by certified mail or courier to Company Inc., Attn: Notice of Informal Dispute Resolution, [605, 6th floor, Vipul square, Sushant Lok Phase I, Sector 43, Gurugram, Haryana 122009]. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Company may, as appropriate and in accordance with this Section 21, commence an arbitration proceedings. 

23. SEVERABILITY OF PROVISIONS

This agreement between Home4us.in and you. It governs your use of Home4us.in. If any provision of these Home4us.in Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order, or regulation of any government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.

24. WAIVER

The failure of Home4us.in to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

25. GOVERNING LAW

By accessing Home4us.in you agree that this Agreement shall be governed by the law of India, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Delhi, India, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 21. The laws prevailing in India shall be the governing laws in all matters relating to Home4us.in as well as these Terms and Conditions.

26. JURISDICTION

Courts at New Delhi, India alone shall have exclusive jurisdiction in all matters relating to Home4us.in and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to Home4us.in. 

Home4us.in does not routinely monitor your postings to the website but reserves the right to do so. However, if Home4us.in becomes aware of inappropriate use of Website, WAP site and/or any of its services, Company will respond in any way that, in its sole discretion, Company deems appropriate. You acknowledge that Company will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Company will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Company reserves all other rights.

27. VIOLATIONS

Please report any violations of these terms and conditions to the Company at [email protected].

28. MISCELLANEOUS

This Agreement along with the Privacy Policy, constitutes the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavour to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree 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 Website, WAP site or the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Company shall be given by certified mail, postage prepaid and return receipt requested to Company Inc. at [605, 6th floor, Vipul square, Sushant Lok Phase I, Sector 43, Gurugram, Haryana 122009]. Any notices to you shall be provided to you through our Website, App or the Services or given to you via the email address or physical address you provide to Company during the registration process.