Website Terms and Conditions - Vaibhavlaxmi Builders and Developers

INTRODUCTION

These Terms and Conditions (“T&C”) constitute a legally binding agreement (“Agreement”) between you / end customer (“User”) and Vaibhavlaxmi Builders and Developers, including all its affiliate / group entities (hereinafter referred to as “VLBD”, “We”, “Us” or “Our”) governing your access to and use of Our application program interfaces, including any sub-domains thereof, and any other websites through which VLBD makes its services available (collectively, the “Platform”), Our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Application”) and all associated services (collectively, the “Services”).

The Platform, Application and Services together are hereinafter collectively referred to as the “Platform/Portal”.

1. USE OF THE PLATFORM

Please read these T&C carefully before using the Platform. By accessing and / or using the Platform, the User becomes a registered user of the Platform, and such access and/or use constitutes a binding legal agreement between the User and VLBD, whereby the User signifies his/her/its agreement to be bound by these T&C.

VLBD reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C at any time without any prior written notice to the User. It is the User's responsibility to review these T&C periodically for changes/updates. The User's continued use of the Platform following the posting of changes/updates will mean that the User accepts and agrees to the revisions.

As long as Users comply with these T&C, VLBD grants Users a personal, non-exclusive, non-transferable, limited privilege to use and enter the Platform. Users agree that the User's use of the Platform shall be strictly governed by these T&C.

2. ACCOUNT

If the User uses the Platform, the User is responsible for maintaining the confidentiality of the User's account and password and for restricting access to the User's computer/device to prevent unauthorized access to the User's account. The User agrees to accept responsibility for all activities that occur under the User's account or password and shall take all necessary steps to ensure that the password is kept confidential and secure, and shall inform VLBD immediately if the User has any reason to believe that the password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

The User shall ensure that the details provided to VLBD are correct and complete and shall inform VLBD immediately of any changes to the information that the User provided when registering. The User can access and update much of the information provided in the “Your Account” area of the website / Application.

The User agrees and acknowledges that the User will use the User's account on the Portal only for personal use and not for business purposes (unless VLBD separately permits such use in writing). VLBD reserves the right to refuse access to the Portal, terminate account(s), remove or edit content at any time without notice.

3. REGISTRATION

The User shall be entitled to use the Platform upon completion of the registration process as provided on the Platform. The registration process may involve creation of a login ID which shall be generated upon successful submission of an OTP sent to the User's registered mobile number, after providing basic information such as name, sex, email, age, address, telephone, etc., and accordingly an account shall be created (“Account”). Only after completing the registration process, a person becomes a registered User who shall be entitled to use the Platform.

The Users understand and agree that VLBD may screen and verify the information provided by the User and, at its sole discretion, increase the amount or nature of information required for the registration process and may ask for further information even after registration. VLBD may, in its sole discretion, close the Account of any User if any information provided is found to be false or not sufficient. The User shall ensure that the registration data provided is accurate, complete, current, and true. VLBD shall bear no liability for false, incomplete, old, or incorrect registration data provided by the User.

The User hereby expressly consents to receiving communications from VLBD through the User's registered phone number and/or e-mails ID, including via phone calls/SMS/notifications, and agrees that such communication shall not amount to spam or unsolicited communication.

The User's Account is non-transferable and is not capable of being sold to a third party. VLBD shall not be liable for any loss incurred by the User as a result of someone else using the User's password or Account, either with or without the User's knowledge. VLBD reserves the right to suspend or terminate the User's account with immediate effect and for an indefinite period if VLBD has reason to believe that the registration data or any other data provided by the User is incorrect or false, or that the security of the User's account has been compromised in any way.

4. USING THE PORTAL

1. The Users agree to receive email / SMS / phone calls / electronic messages from VLBD / other registered Users (as the case may be) in order to use the Platform and avail Services provided by VLBD.
2. The Users agree that the Services under the Platform are non-transferable. Additional terms or requirements may apply to specific features or offerings, and such additional terms will form part of these T&C.
3. The User accepts these T&C by providing the mobile number / email ID on the Platform to receive an OTP for login and further agrees that VLBD may notify the User via WhatsApp / SMS / email about new project(s), schemes and other communications from time to time.
4. The User agrees and permits VLBD to access files/photos/contacts and other media, and location via GPS or similar technology, solely for rendering Services, subject to the Privacy Policy. VLBD shall not be liable for any issues arising from such technology or permissions, or any damage or injury arising therefrom.

5. The User consents that VLBD may access or use biometric data, facial recognition, pattern lock key and password solely to safeguard the access to the Platform and protection of data, as applicable and permitted by law.

   VLBD assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, the User's equipment on account of the User's access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform.

   Any data/information provided on the Portal, including pricing of project(s), area of land, number of customers, average appreciation, images of the property, location details, nearby landmarks, distance from landmarks, and any related information, is subject to change depending on various external factors beyond VLBD's control and is approximate in nature. VLBD shall not be liable for any inaccuracy therein and the User is solely responsible for conducting independent due diligence before making any decision or investment.

   The Platform is provided on an “as is” and “as available” basis without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement). VLBD does not guarantee the accuracy or completeness of any content available on the Platform and disclaims all liability arising out of the User's use or reliance upon the Platform, the Services, representations, and information provided therein to the fullest extent permitted by applicable law.

   This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The User specifically acknowledges that VLBD is not liable for the defamatory, offensive or illegal conduct of other users or third parties; the risk of injury from the foregoing rests entirely with the User.

   The Platform may be linked to websites of third parties, affiliates, and business partners. VLBD has no control over and is not liable or responsible for content, accuracy, validity, reliability, or quality of such websites and the inclusion of any link on the Platform does not imply endorsement by VLBD. Users may use such links at their own risk.

5. PROHIBITED ACTIVITIES

In connection with the User's use of the Platform and the Services, the User agrees and undertakes not to, among other things:

1. Violate any applicable law or regulation or court order.
2. Uses automated tools (robots, scripts, crawlers, etc.) to access or scrape the Platform.
3. Use the Platform for any commercial purposes not expressly permitted by these T&C or in a manner that falsely implies VLBD's endorsement or partnership.
4. Dilute or otherwise harm VLBD's brand, or infringe any Intellectual Property Rights, privacy rights, publicity or contractual rights of VLBD or any third party.
5. Interfere with or damage the Platform or Services (including via viruses, denial-of-service attacks, hacking, etc.).
6. Use the Platform for spam, stalking, harassment, or collection of personal information of other users other than for legitimate purposes permitted by the Platform.
7. Post or transmit any content that is unlawful, infringing, defamatory, obscene, offensive, discriminatory, or otherwise objectionable, or that promotes illegal activities.
8. Systematically retrieve data or other content from the Platform to create a database, compilation, directory, or the like without VLBD's prior written consent.
9. Display, mirror or frame the Platform, or any VLBD trademarks or proprietary information, without VLBD's express written consent.

10. Access non-public areas of the Platform or attempt to test the vulnerability of any system or network or breach security or authentication measures.

    VLBD has the right to investigate and prosecute violations of any of the above and may take a range of actions including deactivating or cancelling the User's Account, and may access, preserve and disclose information where required by law or for enforcement, fraud prevention, risk assessment, investigation, or protection of rights, property or safety of VLBD, its Users or the public.

6. KYC (KNOW YOUR CUSTOMER) POLICY

This KYC policy shall apply in case of any monetary transaction done with VLBD through the Platform. Due to the involvement of booking or purchase of project(s) / units, the User may be required to provide KYC details including identity proof, bank account details, PAN, and residence proof in accordance with applicable law.

VLBD presumes that all the data given for KYC verification is true to the fullest knowledge of the User and VLBD shall not be liable if such data is proved otherwise. VLBD reserves the right to terminate any Account or transaction if KYC documents/information are found to be incorrect or of doubtful authenticity. KYC data may be disclosed where required by law, court order or authority. The KYC policy is subject to change with applicable law.

7. ELIGIBILITY

Use of the Services is available only to persons who can, under applicable laws, enter into a legally binding contract and are not barred by any law in force (including minors, undischarged insolvents, etc.). The User must be at least 18 years of age to register, and by registering and using the Platform, the User represents that the User has the right, authority and capacity to do so. Parents/guardians may register on behalf of minors where applicable.

VLBD reserves the right to refuse, restrict, suspend, limit or terminate any or all Platform Services provided to any User at any time for any reason, and Users who violate these T&C may have their access blocked or membership revoked.

8. DISCLAIMER - PRICING AND GROWTH STATISTICS

Information and statistics presented on the Platform (including any growth projections, appreciation projections or price trends) are of a general nature only and do not take into account the particular needs or circumstances of individual investors. No warranty (express or implied) is given as to the accuracy, reliability or completeness of such information, and VLBD accepts no liability for any loss or damages suffered as a result of reliance on such information, to the maximum extent permissible by law.

Material displayed on the Platform is solely representative in nature and is not intended to provide investment, accounting, tax or legal advice. Nothing on the Platform should be deemed as a recommendation to buy, sell or hold any asset or that the User pursue any specific investment strategy. Users should consult their own advisors before making any decisions, and decisions based on material displayed on the Platform are the sole responsibility of the User.

9. LICENSE TO USE

VLBD, by way of its Services and the User's use of the Platform, provides a nonexclusive, revocable, non-assignable license to use the Platform. The rights granted are personal and the User shall not, without VLBD's prior written consent, assign, transfer, grant any sub-license to, or otherwise dispose of any part of the User's right, title, and interest in respect of the Platform to any third party.

10. PLATFORM AVAILABILITY

VLBD shall not be responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension due to technical reasons or for any reason beyond VLBD's control, and does not commit that the Platform will be available at any particular time. While VLBD shall use best endeavours to ensure proper functioning of the Portal, VLBD shall not be liable for any loss or inconvenience suffered due to unavailability of features or Services.

The VLBD has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the VLBD has the right to amend these Terms from time to time without prior notice to you. The VLBD makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the VLBD shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.

11. RESTRICTIONS ON USE

As a condition of access to and use of the Portal, the User agrees to comply with all applicable laws and to use the Platform solely for private and internal purposes. The User shall not copy, reproduce, download, re-publish, sell, distribute or resell any data, services or information, including content, images, graphics, audio or video, available on or through the Portal, nor use the same to operate a business that competes with VLBD or otherwise commercially exploit such content.

By posting or displaying any information or content for registration or otherwise (“User Content”), the User grants VLBD an irrevocable, perpetual, worldwide, royalty-free, sub-licensable license to use, display, transmit, distribute, reproduce, publish, adapt, modify, translate, create derivative works from, and otherwise use such User Content in any form or media for operation of the Platform, and warrants that the User has all rights necessary to grant such license.

12. PAYMENT ON THE PORTAL

Where the Platform allows Users to make payments (for example, for booking units, paying installments, fees, or other charges), such payments shall be in Indian Rupees and may be made through permitted payment methods including credit/debit cards, net banking or other RBI-approved methods. The payment facility provided is a facilitation service and not a banking or financial service, and is enabled through authorized banking infrastructure and payment gateway networks.

Users agree to pay the amounts and milestones set out on the Platform or in the relevant booking / allotment / sale documents and provide accurate billing information. Where third-party payment processors are used, the User will be subject to their terms and privacy policies.

13. CANCELLATIONS AND REFUNDS

Cancellations and refunds, if any, will be governed by the specific cancellation and refund terms applicable to the relevant project, unit, service or product, as set out in the applicable expression of interest, application form, booking form, allotment letter, agreement for sale or similar document, and/or the specific cancellation and refund policy communicated for that project.

14. INDEMNITY

The User agrees to indemnify and keep indemnified VLBD, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any claim or demand, including reasonable attorney fees and court costs, made by any User or third party arising out of or in relation to User Content or information submitted by the User, use of any Services, violation of these T&C, breach of representations and warranties, violation of any rights of another (including IP rights), or violation of any applicable law.

15. INTELLECTUAL PROPERTY

VLBD is the sole owner or lawful licensee of all rights and interests in the Platform and data therein. The Platform embodies VLBD's Intellectual Property Rights protected under copyright, trademark and other laws, and all title, ownership and such rights shall remain with VLBD and its affiliates. Unauthorized copying, modification, use or publication of these rights is strictly prohibited.

Project designs, specifications and other documents prepared by VLBD are instruments of service for use solely with respect to the relevant project(s). VLBD shall be deemed the author and owner of such works and shall retain all rights, including copyrights. The User shall indemnify and hold VLBD harmless for any loss or damage caused by unauthorized use of such designs.

16. LIMITATION OF LIABILITY

In no event shall VLBD be liable for any indirect, consequential or special damages, loss of profits or unrealised savings, or for acts and omissions of auxiliary persons or suppliers, whether contractual or non-contractual. Any advice, recommendation, information, assistance or service provided by VLBD in relation to projects or services is given in good faith and shall be deemed accepted without imputation of liability, and the User shall be responsible for confirming its accuracy and suitability for the User's purposes.

VLBD shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.

In no event shall VLBD its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

17. TERMINATION

In the event of Your breach of these Terms, You agree that the VLBD will be irreparably harmed and may not have an adequate remedy in money or damages. The VLBD therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The VLBD's right to obtain such relief shall not limit its right to obtain other remedies.

Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the VLBD can avail. In such instances, the VLBD may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

18. JURISDICTION

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai and You hereby accede to and accept the jurisdiction of such courts.

19. DISCLAIMER:

THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE VLBD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/ PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE VLBD SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/ APPLICATION/ SERVICES/ PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

20. USER CONFIRMATIONS

The User will provide authentic and true information in all instances where such information is requested, and VLBD reserves the right to confirm and validate the information at any time. If, upon confirmation, such details are found not to be true (wholly or partly), VLBD has the right, in its sole discretion, to reject registration and debar the User from using the Services without prior intimation. The User accesses the Services at the User's sole risk and is using the User's prudent judgment before entering into any transaction through the Platform.

THE USER HAS READ THESE TERMS OF USE AND AGREES ALL OF THE PROVISIONS CONTAINED ABOVE.

21. CUSTOMER CARE

We make all best endeavors to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at 022 45399074