Terms and Conditions

TERMS OF WEBSITE USE

These terms of use set out the terms on which you may make use of our Website www.prosperty.in, and any other website or mobile application operated by us ("our sites"), whether as a guest or a registered user. Use of our sites includes accessing, browsing or registering to use our sites.

By proceeding to view our sites or any part of it, you acknowledge that you have read, understood and accepted these terms which shall constitute the entire binding agreement between you and Prosperty. These terms may be varied by Prosperty from time to time and the revised terms will be deemed to apply at the relevant time in respect of your registration and/or use of our sites.

Please read these terms carefully before you start to use our sites, as these will apply to your use of our sites. If you do not agree to these terms, you must not use our sites.

1.Introduction:

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Terms of Use, rules and regulations, Privacy Policy and User Agreement for access or usage of this Website (defined later).

This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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.

This section contains the Terms of Use of this website. By accessing www.prosperty.in (“Website” / “Site”) and any of its pages, mobile-optimized versions of the Website, digital applications, and any other media formats for the purposes of use and promotion of Prosperty (collectively referred to as the “Covered Platforms” ), and other products, software and services, from time to time, on the Covered Platforms , owned or licensed and operated by Prosperty and its affiliates, such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (together the “Services”), User hereby accepts and agrees to be bound by and to comply with (i) these Terms of Use, and (ii) the Privacy Policy available on this Website.

The website www.prosperty.in is owned and operated by Prosperty Infra And Realty Private Limited (“Prosperty”), a company incorporated under the laws of India and having its registered office located at A 418 Floor 4 Plot-Cs 286, Aurus Chambers, Shivram Seth Amrutwar Road Worli, Delisle Road, Mumbai, Mumbai-400013, Maharashtra, India. The terms Prosperty’ website, “we”, “our” and “us” in these Terms of Use refer to Prosperty.

For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '"you", "your", “User” shall mean any natural or legal person who is accessing the Website, its contents and using the Services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our" and "Property" shall mean Prosperty Infra And Realty Private Limited (www.prosperty.in) and includes its associates, affiliates and subsidiary (ies).

By using this Website, the User expressly represents that he/she has read and understood these Terms of Use and agrees to be bound by these Terms of Use. Furthermore, by using this Website, the User expressly represents that (a) he/she has the capacity to be bound by these Terms of Use; (b) if he/she is acting on behalf of a company or other entity, then he/she has the relevant authority to bind such company or entity; (c) he/she will not violate any rights of Proserty, including intellectual property rights such as copyright or trademark rights; and (d) he/she has not been or is not suspended or removed from the Website by Prosperty for any reason.

2.Sharing of Information and Confidentiality:

This Site is directed to be used only by adults i.e., persons who are above the age of 18 years. The Site is not intended or designed to attract or be otherwise used by any person under the age of 18 years or by any other person who is not competent to enter into contract in accordance with the Indian Contract Act, 1872. By using the Site, You confirm that You are either 18 years of age or more and/or are otherwise competent to contract (as understood under the Indian Contract Act, 1872). If You are under 18 years of age or otherwise incompetent to contract (as understood under the applicable law) then You should not make a purchase on the Site and should not use the Site. User also agree to provide true, accurate, current, complete and updated information about themselves as prompted by our Product’s/Service’s registration form or any information provided by User through other means of communication. If User provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate User account and refuse any and all current or future use of our Service (or any portion thereof). User undertakes to indemnify and keep indemnified Prosperty for any loss, claim, damage, costs (including legal and professional costs) or whatsoever relating to any abuse or violation including those aforesaid.

"User Information" is defined as any information provided to us by the User during the registration process, in the feedback area or through any email feature including but not limited to information regarding User’s name, address, telephone number, date of birth, gender, e-mail address, organization, etc. (“Personal Information”). We will protect User Information in accordance with our Privacy Policy (separately uploaded). Prosperty will treat all the Personal Information provided by User(s) confidential. If User use the Services/Website, User solely will be responsible for maintaining the confidentiality of User Login ID and Password and for restricting access to User computer, and User agree to accept responsibility for all activities that occur under User Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by User to protect User password or account. User undertakes to indemnify and keep indemnified Prosperty for any loss, claim, damage, costs (including legal and professional costs) or whatsoever relating to User responsibility or liability or failure including those aforesaid. User agree to notify us immediately of any unauthorized use of User account or any other breach of security. We reserve the right to refuse Services, terminate accounts, or remove or edit content in its sole discretion.

3.User Agreement:

By accessing, browsing, or using the Site, You are acknowledging, that You have read, understood, and agree, without limitation or qualification, to be bound by these Terms of Use. If You do not understand or do not agree to any of the terms enumerated in the Terms of Use, please do not use the Site. You are responsible for ensuring that Your access to this Site and material available on or through it are legal in each jurisdiction, in or through which You access or view the Site or such material.

Prosperty reserves the right to change the particulars contained in the Terms of Use from time to time and at any time, without notice to its users and in its sole discretion. If Prosperty decides to change the Terms of Use, Prosperty will post the new version of the Terms of Use on the Site and update the date specified hereinabove. Any change or modification to the Terms of Use will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes Your acceptance (without limitation or qualification) of the modified Terms of Use and Policies. For this reason, You should frequently review these Terms of Use and, understand the Terms of Use that apply to Your use of the Site and Our products, Services (including Interactive Services).

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Policies including but not limited to Privacy Policy as may be amended from time to time.

4.You acknowledge and confirm:

5.Limitations on use of our Site:

User agrees and confirms that User shall not use the Covered Platform and Services for any of the following purposes:

6.Disclaimer of Liability and Warranty:

We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and Services. The content published on this Website may include inaccuracies or errors, including but not limited to pricing errors or arithmetical errors. We expressly reserve the right to correct any pricing errors or arithmetical calculations on the Website and/or on pending reservations made under an incorrect price or calculation. Prosperty makes no representation about the suitability of the information, Software, products, and Services contained on this Website for any purpose, and the inclusion or offering of any products or Services on this Website does not constitute any endorsement or recommendation of such products or Services. All such information, software, products, and Services are provided on "AS IS" basis without express or implied warranties, representations, endorsements or conditions of any kind. Prosperty disclaims all warranties and conditions that this Website, its Services or any email sent from Prosperty, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. Prosperty hereby disclaims all warranties and conditions with regard to this information, software, products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. Prosperty and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall Prosperty and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, User’s access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, User’s reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and Services obtained through this site; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Prosperty and/or its affiliates their respective service providers have been advised of the possibility of such damages. The User understands that the Website is used by him/her solely at his/her own risk, cost and liability.

The information contained on our sites is provided for general guidance and for illustrative purposes only. It is not intended to amount to advice on which you should rely. Whilst reasonable care has been taken in providing this information, Prosperty and its related companies and their representatives, consultants and agents and, where applicable, the sellers or lessors of a property whose agents we may be, accept no responsibility for, and, to the fullest extent permitted by law, exclude any liability for, any loss or damage whatsoever arising out of or related to the accuracy or completeness of any information contained on our sites or for any action taken in reliance on such information by any person whether purchaser, potential purchaser, estate agent, advertiser, introducer or otherwise. We do not make any representation or give any warranty, guarantee, condition, undertaking or term either expressed or implied as to the condition, quality, state of readiness or fitness for purpose of any property or any other information on our sites. No person employed or engaged by or on behalf of us has any authority to make or give any representation or warranty whatever in relation to any property. our sites do not constitute, nor constitute part of, an offer, contract, warranty or guarantee.

You should take appropriate steps to verify any information contained on our sites, by inspecting the property and any other relevant documentation, and where applicable seek proper legal, tax and, if appropriate, independent financial advice, from a qualified professional adviser before taking, or refraining from, any action on the basis of the content on our sites. Nothing on our sites shall be regarded or taken as legal or financial advice.

Notwithstanding the generality of the above, please note that: (i) all descriptions, dimensions, references to condition and necessary permission for use and occupation, and other details are given in good faith and are believed to be correct, but no person, whether purchaser, potential purchaser, estate agent, advertiser, introducer or otherwise, should rely on them as statements or representations of fact, but must satisfy themselves by inspection or otherwise as to the correctness of each of them.

(ii) commentary, descriptions, figures, calculations, example financial projections (including, where applicable, examples of possible rental income and yields), plans, images and representations are illustrative only.

(iii) images and plans may include artist impressions and computer-generated images which are not to scale.

(iv) changes to the property may be made during the further planning or development stages of any development or otherwise, and dimensions, fittings, finishes, ongoing costs and specifications and representations and any other aspect are subject to change without notice.

(v) measurements provided are taken at the widest points of rooms, except on angled walls where the measurement is generally taken at the centre of the room.

(vi) apartment numbers are for sales purposes only and postal addresses may differ

(vii) all journey times stated are approximate.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our sites or any content on them, whether express or implied.

We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our sites; or use of or reliance on any content displayed on our sites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.

6a.Refund Policy:

Refunds will be processed based on the terms outlined in the Expression of Interest (EOI) submitted by the investor, which will govern the entire refund process. It is crucial that investors carefully review and understand these terms.

Refunds will only be issued for bookings where full payment has been completed. No refunds will be granted for bookings with partial payment. Refunds will be adjusted for any acquisition costs, such as agent fees, commissions, or platform fees, already incurred for the booking. Service costs initially charged at the time of booking will not be included in the refund amount.

For any questions or assistance regarding our refund policy, please contact our customer support team.

7.Indemnity:

You agree to indemnify and hold harmless Prosperty and (as applicable) its subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Prosperty, made by any third party arising out of your breach or non-performance of terms of the User Agreement, Prosperty rules and policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.

8.Payments through Net banking:

User agrees, understands and confirms that the net banking details provided by User towards subscription fees for availing of any of our Services will be correct and accurate and User shall not use the details which is not lawfully owned by User, i.e., in a transaction, User must use User’s own account.

We otherwise do not store any information related to User’s net banking details. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction.

9.Use of Cookies (as applicable):

10.Intellectual Property Right:

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of our sites are the property of Prosperty or our licensors, information providers or contributors and we reserve all our rights in the same. No part of our sites, their content or any of their underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without our prior written consent.

You may print off one copy and may download extracts of any pages from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged. You are not permitted to publish the contents of our sites including but not limited to publication on any other website or computer environment. You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites in breach of these terms, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11.Forward-looking statements/Past Performance:

Nothing herein shall be relied upon as a promise or representation as to past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "targeted," "projected," "underwritten," "estimates," "predicts," "potential," or "continue" or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Prosperty undertakes no obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. None of Prosperty, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Investors should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Website. Investments displayed on the Website are not bank deposits, are not insured and are not guaranteed by Prosperty, and may lose value. Investment opportunities posted on this website are "private placements" of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment.

12.Third Party Content and Linked Websites:

References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

13.Termination:

The following terms shall apply only if there is no other written contract or agreement between the parties with respect to the following terms:

14.Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with the applicable laws of India without giving effect to any principles of conflicts of laws. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings or disputes arising in relation to or out of these Terms of Use and its interpretation thereof. Prosperty causes the control and maintenance of this Website from India.

15.Voice Communications and SMS

All customers who register on our Website agree, acknowledge and accept as per the Terms of Use and that even if they are registered under NDNC (National Do Not Call) or DND (Do Not Disturb), by accepting the terms, Prosperty is authorised to call and assist User and/or SMS/E-Mail the customers by virtue of them having voluntarily registered in www.prosperty.in. Prosperty will not be responsible for any NDNC Registry regulation that will come into play.

16.Assignment:

You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Prosperty may transfer its rights and obligations (also known as "assign") under this User Agreement without your prior express consent.

17.Amendments and Modifications:

Prosperty reserves the right to delete, modify, change, update or discontinue any or all of the information on this Website without giving notice to any User, individual, group of individuals, institutions and any such governing bodies. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.

18.Password Protection:

We do not represent or warrant that the Website will be available and meet User’s requirements, that access will not be interrupted, that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage or loss will occur to User’s computer system. User have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.

19.Investigations:

Prosperty reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to User’s profiles, e-mail addresses, usage history, IP addresses and traffic information.

20.Reach us:

If User has any questions or comments regarding the Terms of Use, please contact us via email at info@prosperty.in

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