This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 including its amendments as per the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of ofwww.flatettes.com, its mobile app (if any)and other integrated systems (“Flatettes”)
Flatettes and its digital assetsare owned by Flatettes Realty Private Limitedhaving its registered office at F-3 SAHAJANAND COMPLEX NR PANCHAWATI PETROL PUMP C.G. ROAD, NAVRANGPURA AHMEDABAD. This is an agreement between Flatettes and user which shall be binding on the User.
These terms of services apply to all users which use Flatettes including but not limited to including but not limited to visitors, customers, real estate brokers/agents, real estate developer and other users.
By using this site/app, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to "we" or "us"“web” or“site” or “app” or “Company” are references to Flatettes and “you” as user of Flatettes.
User Agreement
This User Agreement contains rules and regulations, policiesand termsconditions and agreements applicable to any person who may access or use Flatettes, including any sub domains, web pages or extension of Flatettes and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Flatettes and the services provided are subject to the rules and regulations, policies (privacy policy, intermediary policyand other polices), notices, terms and conditions set forth in this User Agreement.
Amendment
The Company reserves the right to change this site/app and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the site/app on publicly accessible links and you agree by accessing, browsing or using this site/app that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the site/app. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the site/app and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Flatettes Rules and Policies as provided from time to time.
Eligibility
This site/app may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the site/app. A minor is not allowed to access or register as a user on the site/app. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
Registration and Communication
Registration:
You may register on our site/app to create your Flatettes account. By completing registration, you hereby clearly agree, acknowledge and grant us to access your personal information available in your account as per our privacy policy.
You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the site/app will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You shall not use this site/app for any other purpose other than as mentioned on the site/app or for products/services that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while transacting or registering or for any other purpose when prompted to do so on the site/app. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the site/app to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Companyreserves the right to indefinitely suspend or terminate or block your use or access to the site/app in any manner whatsoever.
Electronic Communication: You agree and acknowledge to keep yourself updated with all data, information and communication pertaining to you including but not limited to correspondence email id, mobile number and other relevant details. You further agree that your use of the site/app or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
License:
Subject to the terms and conditions of this agreement, we grant to you a non-exclusive, non-transferable license to use Flatettes. You shall use the Licensed Program of Flatettes for your own use only. You shall not, however, transfer or sublicense the same to any third party, in whole or in part, in any form, whether modified or unmodified.
Technical requirements
User may only register and transact with Flatettes if you have the necessary technical requirements at your disposal. You shall have PC/smart phonehaving at least 2G internet connection. You clearly agree and acknowledge that the availability and the proper functioning of technical requirement is your sole responsibility.
The instructions (step by step procedure displayed on various forms) “How to use” Flatettes will be available on the homepage/relevant pages of the site/app. All users are to ensure that they read and adhere to these instructions (steps) for accessing Flatettes. The user agrees that Flatettes shall not be held responsible in event of any occurrence due to the non-adherence of these instructions (steps) which prevents the user from using the site/app as designed or due to any reasons over which Flatettes have no control.
Further, you also give permission to the Company to store details and records of your usage of the site/app indefinitely subject to amendments in data privacy laws. However, this does not constitute any obligation on the part of the Company or the site/app to do so.
Payment Policy
Payment shall be made as per the differentplans and price lists available on Flatettes subject to offers available on the site/app from time to time.
Further, the Company reserves the right to introduce new products/services or modify/upgrade the existing products/services provided on the site/app. Additionally, the Company at its sole discretion may introduce new charges for the new or modified/upgraded products/services provided. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the site/app and such changes shall automatically become effective immediately after they are posted on the site/app. Further, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your registration with the site/app and disallow access to the site/app.
Online Paymentsmust be made using payment software of a payment gateway service provider in accordance with the terms and conditions, privacy policy and other policies of Razorpay Payment Gateway. The user clearly agrees and acknowledges that Company shall not be held responsible in event of any delays, errors and frauds in processing of payment by entities outside the control of Company.
Company uses Payment systems as may be authorized by the Reserve Bank of India.The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Cancellation Policy: In case user wants to cancel the subscription plan by any reason then user may be entitled to get approx. 70% refund of subscription fees after deduction of processing charge subject to approval by the Management. This cancellation policy will be applicable only in case user raises the refund request within 07 working days from the date of his/her registration. There shall not be any refunds for requests made after 07 working days from the date of registration. It may take 15 working days time from the date of approval. Refund amount will be sent back in user’s bank account directly.
Maintenance
Site/app access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that Company shall never be held responsible for any problems and related damages that may arise due to the internet malfunction/connectivity issues and when the site/app is closed for maintenance / updating with or without prior notice.
User account and security
To register/transacton Flatettes, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including but not limited to your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
User Obligations
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the site/app without any notice and any such violative information that is displayed or submitted on the site/app can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data that belongs to you. You hereby agree that you will not expect the site/app to restore or keep back up of your information and data and not hold the site/app or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the site/app or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the site/app and also for taking appropriate legal actions.
If you choose to provide feedback on the site/app which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the site/app in any manner. Further, you shall not use the site/app to promote any other person’s business or interests on the site/app unless permitted by the Company in writing.
You agree and acknowledge that
Your representations and warranties
By registering on the Flatettes, you represent and warrant the following:
- You are at least eighteen (18) years of age.
- You have the legal ability and authority to enter into these Terms and Conditions with Flatettes.
- The information you have provided to Flatettes in your registration is accurate and complete.
- You will comply with any and all laws applicable to your use of the web/app.
- You will not interfere with a third party's use and enjoyment of the web/app
- You will not interfere with or disrupt Flatettes or its vendors' security measures.
- If any information you provide to Flatettes becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Flatettes.
- You acknowledge that access to the healthcare services provided through the web/app are not "insured services" under any health plans of any country.
- You acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Flatettes or its representatives that such property related services will be made available to you.
- You are accessing the web/app for yourself or a child under the age of eighteen or other person for whom you are the legal guardian.
Message Boards/Chat Rooms
The app/site provides message boards & chat rooms for communication between different users. We expect our users to exercise due caution before transacting on any message posted on the boards/chat rooms. We request the users not to misuse the boards & chat rooms by posting malicious & ill intention messages. The messages posted on chat rooms & message boards are the views of the individual posting them. We shall not assume any liability on account of the message posted on message boards &chat rooms.
Privacy of Data
All details of Flatettes will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and reasonable security practices & procedures.
We may choose from time to time to provide links to various third-party site/apps from the site/app. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such site/apps. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content or services available through such site/apps.
Contents of Flatettes
Information, reports, training materials, tutorials, videos, blogs, newsletters and every other feature (Collectively known as “online contents of Flatettes”) may be added to and removed from the service without notice. The Information, reports, training materials, tutorials,videos, blogs, newsletters and other details included in the service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. Flatettes unequivocally states that the contents provided in the site/app shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform Flatettes about the same through all available means provided in the site/app of Flatettes along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that Flatettes shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with Flatettes and providing Flatettes an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
Publicity
User agrees and acknowledges that we shall use the name and other personal details of userforour promotion, marketing or announcement or press release without any prior consent of the user.
Indemnity
You shall fully indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any other User Agreement, law, rules or regulations or the rights of a third party.
Intellectual Property Rights (IPR)
Other products/services, names of companies and brand namesdisplayed (if any) on the site/app may be the trademarks or copyrights of their respective owners.
Restrictions:
Users shall not:
Termination of services
Initial term of this Agreement shall start from the date specified in the activation email/sms.
If, at any time, we have reasonable grounds to believe that the user is not using the site/app in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the data by persons other than the users identified in the subscription, we may suspend the provision of the service to the user by terminating this agreement. You agree and acknowledge that we shall have no obligation to reinstate the registration until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the registration. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.
On termination of this agreement for any reason:
Limited Liability
You agree and acknowledge that in no event shall the Company or its directors, partners, managers, staff members, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the site/app, the Pay Facility, or any other products/services under this Agreement. Further, you clearly agree and acknowledge that the Company’s liability in any circumstance is limited to the amount of charges, if any, paid by you to the Company. The Company, its directors, partners, associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, services, text, graphics, links or communications provided on or through the use of the site/app or that the operation of the site/app or Pay Facility will be error free and/or uninterrupted. Also, the Company assumes no liability whatsoever for any monetary damages, health problems, mental agony, bodily injury, death or other damages suffered due to use of any information/services/products of site/app or on account of any delay, failure, interruption, or corruption of any information/services transmitted in connection with use of the site/app or Pay Facility.
Breach
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide you with access to the site/app or initiate any legal action it may deem fit, particularly in the event:
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the site/app or use the site/app in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the site/app, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your subscription or right to use the site/app, you should promptly raise such grievance or complaint with the designated Grievance Officer at support@flatettes.comand provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the site/app as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
Consent
The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
You consent to receive information from us through hard copy documents and electronic or telecommunication mediums from time to time.
You are accepting these terms and conditions (after having read, understood and accepted the brochure/ prospectus/ sales literature/ terms and conditions of the Policy as available on the Flatettes site/app) and declare and confirm that all the statements made by you herein/ documents submitted, if any, are complete and accurate and you have complied with the need to disclose all the material facts for considering your acceptance which shall be the basis of contract with the Company.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
Language
Injunction
You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
Non-Poaching
You clearly agree and acknowledge that while this Agreement is in force and for a period of Twenty Four (24) months thereafter, you shall not directly or indirectly solicit or offer employment to any of the Flatettes’s officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the Flatettes’s prior consent. You clearly understand and agree that Twenty Four (24) months period is reasonable after considering training and grooming time as well as investments made by Flatettes.
Confidentiality
Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication and every other material of Flatettes shall be kept completely confidential.
General
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to support@flatettes.comand any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
Arbitration
If any dispute arises between you and the Company during your use of the site/app or any service incidental to the site/app or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings without any conflict of laws. The arbitration proceedings shall be in the English language.
Governing Laws
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat shall have exclusive jurisdiction without any conflict of laws. Further, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officerunder I.T.Act, 2000 shall be made applicable.
This document is an electronic record in terms of Indian Information Technology Act, 2000 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 signatures.
Assignment
This Agreement may not be assigned or sublet by the user without the prior consent of Company.
In the Event of Merger, Sale etc.
In the event that Flatettes is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to controlhow your personal information is treated, transferred, or used.Please direct any questions that you may haveat any time tosupport@flatettes.com.
Taxes
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
Entire Agreement
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
Waiver
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
Heading
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
Force majeure
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, pandemics, lock-outs, technical black-outs like power failures, internet failures, API failures, uncontrolled security attacks etc. and industrial disputes.
Survival
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.
Contra Proferentem
No rule of construction shall apply in the interpretation of this Agreement to the disadvantage of one Party on the basis that such Party put forward or drafted this Agreement or any provision thereof.
Contract Interpretations
In this agreement unless otherwise specified:
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