TERMS AND CONDITIONS
INTRODUCTION
These Terms constitute a legally binding agreement (“Agreement“) between you / end
customer (collectively “Users”) and Sharpskill Infra Developers Private Limited with a
brand name of HOABL (“House of Abhinandan Lodha”) including all it’s affiliate
companies governing your access to and use of the HOABL application program
interfaces, including any sub-domains thereof, and any other websites through which
HOABL makes its services available (collectively, Platform“), our mobile, tablet and
other smart device applications, and application program interfaces (collectively,
Application) and all associated services (collectively, Services“). The Platform,
Application and Services together are hereinafter collectively referred to as the
Platform/Portal”.
When these Terms mention HOABL,” “we,” “us,” or “our,” it refers to the HOABL
company you are contracting with having its registered office at 7
th
Floor, Lodha
Excelus, Apollo Mills Compound, N.M. Joshi Marg, Mahalaxmi, Mumbai, Maharashtra
- 400011 (hereinafter referred to as “HOABL”,We”, “Usor “Our”).
This document is an electronic record in terms of the Information Technology Act,
2000 and Rules thereunder 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.
MERELY A PLATFORM
By using the Platform, Users agree to comply with and be legally bound by this T&C
and become a registered User of the Platform. These T&C govern Users access to the
Platform and use of the Platform and constitute a binding legal agreement between
Users and HOABL. Accessing or otherwise using the Platform indicates Users
agreement to all the terms and conditions under these T&C. So please read the T&C
carefully before proceeding.
Users acknowledge and agree that through the Platform HOABL provides Users with
access to a variety of resources and services including but not limited to showcasing
various properties/projects/sites which are acquired, constructed and being
developed by HOABL (collectively referred as “Investment Projects”) which shall be
showcased on its Application for the Users to enquire and research upon the
Investment Projects. Further, Users who have already invested or invest in the
Investment Projects of HOABL shall have an exclusive access to various
resources/features on the Application which will provide such Users to keep a track
of their Investment Projects digitally.
We reserve the right, at our sole discretion, to change, modify, add or remove portions
of these T&C, at any time without any prior written notice to Users. It is the User’s
responsibility to review these T&C periodically for changes updates/changes. Users
continued use of the Platform following the posting of changes will mean that Users
accept and agree to the revisions. As long as Users comply with these T&C, we grant
Users a personal, non-exclusive, non-transferable, limited privilege to use and enter
the Platform. Users agree that Users use of the Platform shall be strictly governed by
this T&C.
Our Platform and Services may have different features and offerings in future. In lieu
of the same, additional terms or requirements may apply to Users use of those
features or offerings. If additional terms are available for the specific services of the
Users use, those additional terms become part of these T&C.
REGISTRATION
The User shall be entitled to use the Platform upon completion of the registration
process as provided on the Platform. The registration process involves creating of a
login id which shall be generated upon successful submission of an OTP sent to each
User’s registered mobile number, after providing basic information about themselves
as name, sex, email, age address, telephone etc., and accordingly create an
account (“Account”).
Only after completing the registration process, a person becomes a registered User
with HOABL who shall be entitled to use the Platform.
The Users understand and agree that HOABL may screen and verify the information
provided by the User and at its sole discretion, increase the amount or number of
information for the registration process and may ask for further information even after
the registration process. HOABL may in its sole discretion, close the account of any
User, if any information provided is found to be false or the information provided is
not sufficient.
You shall ensure that the registration data provided by You must be accurate,
complete, current, and true. We shall bear no liability for false, incomplete, old, or
incorrect registration data provided by You.
You hereby expressly consent to receive communications from Us through Your
registered phone number and/or e-mail id. You consent to be contacted by Us via
phone calls/SMS notifications. You agree that any communication so received by You
from Us will not amount to spam, unsolicited communication or a violation by Us.
You are solely responsible for maintaining the confidentiality of Your registration data
and will be liable for all activities and transactions that occur through Your account,
whether initiated by You or any Third Party. The password and other details of the
account should not be shared with any Third Party. Your account is non-transferable
and is not capable of being sold to a Third Party. We shall not be liable for any loss
that You may incur as a result of someone else using Your password or account, either
with or without Your knowledge.
In the event of any change in the said information, You agree to promptly update Your
account information to ensure that the communications We intend to send to You are
promptly delivered to You and are not sent to any other entity/third party.
We reserve the right to suspend or terminate Your account with immediate effect and
for an indefinite period, if We have a reason to believe that the registration data or any
other data provided by You is incorrect or false, or that the security of Your account
has been compromised in any way.
We allow You to open only one account in association with registration data provided
by You. In case of any unauthorized use of Your account please immediately reach Us
at the Email: care@hoabl.in. In case, You are unable to access Your account please
inform Us at Email: care@hoabl.in and make a written request for blocking Your
account. We will not be liable for any unauthorized transactions made through Your
account prior to You making a request in writing for blocking and We shall require at
least 72 (Seventy Two) hours to process your request unless in case of force majeure
events which are beyond Our reasonable control.
USING THE PORTAL
1. The Users agree to receive email/SMS/phone calls/letters from Us/ other
registered Users (as the case may be) in order to use the Platform and avail
Services provided by Us.
2. The Users agree that Our services under the Platform are non-transferrable.
The Users further agrees that We may put further terms and conditions in
relation to the use of our Portal.
3. The User herby accepts the terms and conditions by providing the mobile
number/ email-id on the Platform to receive an OTP for login, the user agrees
that we may notify the user by the means of WhatsApp/ SMS/ E-Mail about
new Investment Project and any other schemes from time to time on their email
id and/ or their mobile number.
4. The User agrees and permits Us to accesses files/photos/contacts and other
media for the purpose rendering Services to the User. The User hereby
acknowledges and confirms that any and all media shared by such User to Us
shall be true and accurate. It shall bear no liability on Us if any such
files/photos/contacts or media content is proved to be misleading or violates
any provisions of the applicable law.
5. The User agrees and consents that in order for Us to accesses files and photos
or any media, the User permits the accesses to camera and files of the User. We
declare that such media shared by the User shall be governed as per Our Privacy
Policy
6. The User further consents and agrees to permit Us to accesses the User’s
location via GPS or any other similar technology for the purpose of rendering
Services, We shall not hold any liability or responsibility in case of any issues
arises with such a technology or if such a permission is disallowed, for the
proper rendering of Services or from any damage or injury arising therefrom.
7. The user consents and allows Us to acquire biometric data, facial recognition,
pattern lock key and password for the purpose of security of the User himself
to safeguard the access of the platform and thereby protection of the concerned
data.
8. We assume no responsibility, and shall not be liable for, any damages to, or
viruses that may infect User’s equipment on account of 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.
9. The User agrees that any data/information provided on the portal is subject to
change depending on various external factors beyond our control. Such
information includes but is not limited to the Pricing Investment Projec, area of
land, number of customers, average appreciation, images of the property, and
any related or unrelated information provided thereof.
10. The User agrees and acknowledges that any representations made in the portal
such as but not limited to images of the Investment Project, Description of
HOABL, its directors any other information provided by HOABL on the Portal,
are true to the fullest knowledge of HOABL and the user shall not dispute the
same.
11. The user is solely responsible to do a background check/ due diligence of the
Investment Projects before making any investments. HOABL shall not be
responsible for any liability arising out of lack of due diligence on the part of
the User.
12. The User acknowledges and frees HOABL from any liability arising out of any
mathematical, financial, statistical and /or analytical data provided in the
portal, as such data is merely for reference and should be understood as an
approximate projection. This data does not in any manner represent accurate
value to its fullest extent and is also subject to change on external factors
beyond the control of HOABL.
13. The details about the Investment Project provided on the portal such as but not
limited to location details, nearby landmarks, distance from landmarks etc, are
for reference and approximate in nature. HOABL cannot be held liable in case
of any inaccuracy realized therein.
14. Any representations made in the portal by HOABL regarding RERA details are
true to the fullest extent of the HOABL’s knowledge. HOABL cannot be held
liable for any misrepresentations which we believe to be true.
15. The User agrees and acknowledges that any brand promises provided on the
portal are not legally binding guarantees and therefore have no legal effect of
enforceability.
16. If a User is dissatisfied with the Portal, the User’s sole remedy is to discontinue
using the Platform. If We determine that You have provided fraudulent,
inaccurate, or incomplete information, including through feedback, We reserve
the right to immediately suspend your access to the Platform or any of your
Accounts with Us.
17. The User shall be liable to indemnify HOABL for any losses incurred as a result
of your misrepresentations or fraudulent feedback that has adversely affected
HOABL.
18. The Platform is provided by HOABL on an “as is” and “as available basis, and
without any warranties or conditions (express or implied, including the implied
warranties of merchantability, accuracy, fitness for a particular purpose, title,
and non-infringement, arising by statute or otherwise in law or from a course
of dealing or usage or trade). HOABL does not provide or make any
representation, warranty, or guarantee, express or implied about Platform or
Services.
19. HOABL does not guarantee the accuracy or completeness of any content
available on the Platform. To the fullest extent permitted by Applicable Law,
HOABL disclaims all liability arising out of the Users use or reliance upon the
Platform, the Services, representations, and warranties made by Users, the
content or information provided by the Users on the Portal.
20. 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 behavior, negligence, or under any other cause
of action.
21. User specifically acknowledges that HOABL is not liable for the defamatory,
offensive or illegal conduct of other users or third parties and that the risk of
injury from the foregoing rests entirely with the User.
22. In addition to the terms set forth above, HOABL, nor its affiliates, information
providers or content partners shall be liable regardless of the cause or duration,
for any errors, inaccuracies, omissions, or other defects in the information
contained within the website, or for any other claims or losses arising therefrom
or occasioned thereby.
23. The Platform may be linked to the website of third parties, affiliates and
business partners. HOABL has no control over, and is not liable or responsible
for content, accuracy, validity, reliability, or quality of such websites or made
available by/through its Platform.
24. The inclusion of any link on the Platform does not imply that HOABL endorses
the linked site. Users may use the links and the Services at their own risk.
HOABL reserves the right to store, share and display the information provided
by the User in accordance with its Privacy Policy.
You understand and agree that You are solely responsible for compliance with any and
all laws, rules, regulations, and tax obligations that may apply to Your use of the
Platform and Services. In connection with Your use of the Platform and the Services
You may not, and You agree that You will not:
1. violate any local, state, national, or other law or regulation, or any order of a court,
including, without limitation, tax regulations;
2. use manual or automated software, devices, scripts, robots, backdoors or other means
or processes to access, “scrape,” “crawl” or “spider” any web pages or other services
contained in the Platform;
3. use the Platform for any commercial or other purposes that are not expressly
permitted by these T&C or in a manner that falsely implies HOABL’s endorsement,
partnership or otherwise misleads others as to Your affiliation with HOABL;
4. dilute, tarnish or otherwise harm the HOABL’s brand in any way, including through
unauthorized use of Data, registering and/or using HOABL or derivative terms in
domain names, trade names, trademarks or other source identifiers, or registering
and/or using domains names, trade names, trademarks or other source identifiers
that closely imitate or are confusingly similar to HOABL domains, trademarks,
taglines, promotional campaigns or
5. infringe the rights of HOABL or the rights of any other person or entity, including
without limitation, their Intellectual Property Rights, privacy, publicity or contractual
right
6. interfere with or damage Platform or Services, including, without limitation, through
the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-
service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail
address information or similar methods or technology;
7. Use Our Platform in connection with the distribution of unsolicited commercial email
(“spam)
8. “stalk” or harass any other User of Our Portal, or collect or store any personally
identifiable information about any other User other than for purposes of transacting
as a User;
9. register for more than one Account or register for an Account on behalf of an individual
other than Yourself;
10. engage in disruptive, circumventive, abusive or harassing behavior in any area or
aspect of Our Platform or Platform Services;
11. post, upload, publish, submit or transmit any information that: (i) infringes,
misappropriates or violates a Third Party’s patent, copyright, trademark, trade secret,
moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any applicable law or
regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading
(directly or by omission or failure to update information) or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is
violent or threatening or promotes violence or actions that are threatening to any other
person; or (vii) promotes illegal or harmful activities or substances;
12. systematically retrieve Data or other content from Our Platform to create or compile,
directly or indirectly, in single or multiple downloads, a collection, compilation,
database, directory or the like, whether by manual methods, through the use of bots,
crawlers, or spiders, or otherwise;
13. use, display, mirror or frame the Platform or any individual element within the
Platform, HOABL’s name, any HOABL trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page in the
Platform without HOABL’s express written consent;
14. access, tamper with, or use non-public areas of the Platform or Platform Services,
HOABLs computer systems, or the technical delivery systems of HOABLs providers;
15. attempt to probe, scan, or test the vulnerability of any HOABL system or network or
breach any security or authentication measures;
16. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by HOABL or any of HOABLs providers or any
other Third Party (including another User) to protect the Platform and Platform
Services.
17. It is possible that other Users (including unauthorized Users or “hackers”) may post
or transmit offensive or obscene materials on the Platform and that You may be
involuntarily exposed to. It also is possible for others to obtain information about You
due to Your use of the Portal, and that the recipient may use such information to
harass or injure You. We do not approve of such unauthorized use, but by using the
Platform You acknowledge and agree that We are not responsible for the use of any
information that You publicly disclose or share with others on the Portal. Please
carefully select the type of information that You publicly disclose or share with others
on the Portal.
18. You will compensate and defend Us fully against any claims or legal proceedings
brought against Us by Third Parties or any other person as a result of Your actions
and/or breach of these T&C.
19. HOABL has the right to investigate and prosecute violations of any of the above. In
addition, and as set in these T&C, HOABL may take a range of actions against You,
including but not limited to deactivating or cancelling Your Account, for a violation of
these T&C.
20. HOABL may access, preserve and disclose any of Your information and User Content
if we are required to do so by law, or if we believe in good faith that it is reasonably
necessary to (i) respond to claims asserted against HOABL or to comply with legal
process (for example, summons or warrants), (ii) enforce or administer Our
agreements with users, such as these T&C, (iii) for fraud prevention, risk assessment,
investigation, customer support, product development and debugging purposes, or
(iv) protect the rights, property or safety of HOABL, its Users, or members of the public.
KYC (Know Your Customer) POLICY
1. This KYC policy shall apply in case of any monetary transaction done with
HOABL or any platform/portal/ application thereof. The KYC policy would be
applicable due to the involvement of the purchase of Investment Projects.
2. User hereby agrees to provide its KYC details including identity proof, Bank
account details, Pan number/Card, and residence proof in accordance with the
concerned law.
3. HOABL presumes that all the given data for KYC verification is true to the
fullest knowledge of the user, and for which HOABL will not be liable to any
extent if the validity of data is proved otherwise. In such a case the sole
responsibility would be that of the User.
4. The User authorizes HOABL to make such enquiries as they may feel necessary
to satisfy themselves about the validity of the User’s identity or KYC details.
5. HOABL reserves the right to terminate any account or transaction thereof, with
or without notice to the User, in the event the KYC documents / information
are found to be incorrect, or the authenticity of the documents / information is
found to be doubtful, pursuant to the KYC Policy in this Terms & Conditions.
6. The data of the User collected by HOABL under the KYC policy is subject to
disclosure in case of any law of the land, order/direction/judgement of a court
of law requiring HOABL to disclose such data/information to the concerned
authorities.
The KYC policy if HOABL is subject to change at any point of time with the
respective law in force and for the same HOABL shall not be held responsible.
ELIGIBILITY
1. Use of the Services, through Portal, or by any other means, is available to persons
who can under Applicable Laws in India enter into a legally binding contract under
Indian Contract Act, 1872, and/ or are not barred by any law for the time being in
force. Persons who are “incompetent to contract” within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to
use the Portal.
2. You must be 18 years of age or older to register, in addition to being duly qualified for
the intended use of the Services in any manner. By registering and using the Platform
or accepting this T&C, you represent and warrant to HOABL that you are 18 years of
age or older, and that you have the right, authority and capacity to use the Platform
and the Services available through the Portal. In case of minor, the parent or guardian
can do registration on his/her behalf.
3. You may avail the Services only if You fulfill the conditions as mentioned in this
Clause. If You are not Eligible, please immediately abandon any and all attempts to
register with Us or use Our Services.
4. You acknowledge that We rely completely on the information provided by You and We
shall not be held liable if You or anyone who uses Your account to access the Platform
Services on the Platform is not Eligible to use the same.
5. We reserve the right to refuse, restrict, suspend, limit or terminate any or all Platform
Services provided to any User at any time for any reason. User/ Users who violate any
of the provisions of this T&C will have their access blocked/ members if applicable
revoked and/ or be excluded from Our network.
LICENSE TO USE
1. HOABL by way of its Services and Your use of the Platform provides a nonexclusive,
revocable, non-assignable license to use the Platform of HOABL.
2. The rights granted under the Platform by Us to You are personal in nature and
character and therefore You are not permitted without the prior consent in writing
from Us, to assign, transfer or grant any sub license to, or otherwise dispose of the
whole or any part of Your right, title, and interest in respect of this Platform to any
Third Party.
PLATFORM AVAILABILITY
1. HOABL shall not be held responsible for non-availability of the Platform and Platform
Services during periodic maintenance operations or any unplanned suspension of
access to the Platform that may occur due to technical reasons or for any reason
beyond HOABL’s control.
2. We do not commit to ensuring that, the Platform will be available at any particular
time.
3. While We shall make best endeavors to ensure proper functioning of the Portal, you
shall not hold Us liable for any loss, or inconvenience suffered due to the unavailability
of features or Platform Services provided on the Portal.
RESTRICTIONS ON USE
1. As a condition of your access to and use of the Portal, you agree that you will comply
with all Applicable Laws and regulations when using the Portal.
2. You agree to use the Platform solely for your own private and internal purposes. You
agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or
resell any Data, services or any information, text, images, graphics, video clips, sound,
directories, files, databases or listings, etc. available on or through the Portal, and (b)
you will not copy, reproduce, download, compile or otherwise use any content or Data
for the purposes of operating a business that competes with HOABL, or otherwise
commercially exploiting the content. Systematic retrieval of content from the Platform
to create or compile, directly or indirectly, a collection, compilation, database or
directory without written permission from HOABL is prohibited. Use of any content
Data or materials on the Platform for any purpose not expressly permitted in this T &
C is prohibited.
3. You must read the Privacy Policy on the Website which governs the protection and
use of personal information about Users in the possession of HOABL and our affiliates.
You accept the terms of the Privacy Policy and agree to the use of the personal
information about yourself in accordance with the Privacy Policy.
4. You agree not to undertake any action to undermine the integrity of the computer
systems or networks of the Platform and/or any other User nor to gain unauthorized
access to such computer systems or networks.
5. You agree not to undertake any action which may undermine the integrity of the
Portal’s feedback system.
6. By posting or displaying any information, content or material required for registration
and creation of an Account; or in the event any data, files pertaining to You are
uploaded on the Platform in lieu of any new services/features made available to You
in future (“User Content”), You agree to grant Us an irrevocable, perpetual, worldwide,
royalty-free, and sub-licensable (through multiple tiers) license to HOABL to display,
transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create
derivative works, and otherwise use any or all of the User Content in any form, media,
or technology now known or not currently known in any manner and for any purpose
which may be beneficial to the operation of the Portal. You confirm and warrant to
HOABL that you have all the rights, power and authority necessary to grant the above
license.
7. You shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and Rules thereunder as applicable and as
amended from time to time and also all Applicable Laws, domestic laws, rules and
regulations statutes, ordinances and regulations regarding Your use of Our service.
8. We reserve the right, but have no obligation, to monitor the materials posted on the
Portal. We shall have the right to remove or edit any content that in Our sole discretion
violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of this
T & C.
OTHER TERMS AND CONDITIONS
INDEMNITY
1. The Users agree to indemnify and hold HOABL, its officers, subsidiaries, affiliates,
successors, assigns, directors, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fee and court
costs, made by any User/Third-Party due to, or arising out of the User Content,
registration data and any information submitted by the Users, use of any Services by
the User, violation of this T&C, Privacy Policy, breach by the User of any of the
covenants, representations and warranties herein, User’s violation of any rights of
another (including infringement of Intellectual Property Rights) or User’s violation of
any Applicable Law, rules or regulations.
2. The User hereby undertakes to indemnify and keep indemnified HOABL against any
and all losses, claims, liabilities costs etc, which arise out of or relating to the User’s
failure to identify him/herself and validate its account promptly and / or due to
incorrect KYC documents / information.
THIRD-PARTY PRODUCTS
PLEASE NOTE: Along with the other terms and conditions these additional terms are
applicable in case you have bought any products not manufactured by HOABL. In
other words these additional terms and conditions are applicable in case you buy
products sold on the Platform by third party vendors. You understand and agree that
there may be certain products, which will be sold on the Platform by third party
vendors (Vendors”). HOABL may not be able to control the transactions or the acts
and omissions of the Vendors in such transactions. When you buy such products from
Vendors on the Platform the following additional terms and conditions will become
applicable: HOABL is not responsible for any non-performance or breach of any
contract entered into between you and the Vendor. HOABL cannot and does not
guarantee that the Vendors will perform any transaction concluded on the Platform.
HOABL does not make any representation or warranty as to the attributes (such as
quality, worth, marketability etc.) of the items or services proposed to be sold on the
Platform by the Vendor. In particular, HOABL does not implicitly or explicitly support
or endorse the sale of any items or services on the Platform. HOABL accepts no liability
for any errors or omissions, whether on behalf of itself or third parties.
You release and indemnify HOABL and/or any of its officers and representatives from
any cost, damage, liability or other consequence of any of the actions of the Vendors
on the Platform and specifically waive any claims that you may have in this behalf
under any applicable law. Notwithstanding its reasonable efforts in that behalf,
HOABL cannot control the information provided by other Vendors, which is made
available on the Platform. You may find other Vendor’s information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense, and practice
safe trading when using the Platform. Please note that there are also risks of dealing
with foreign nationals, underage persons or people acting under false pretense.
All other terms and conditions of this User Agreement are applicable to such
transactions.
INTELLECTUAL PROPERTY
1. HOABL is the sole owner or lawful licensee of all the rights and interests in the
Platform and the Data therein. The Platform embodies HOABL’s Intellectual Property
Rights protected under worldwide copyright, trademark and other laws. All title,
ownership and Intellectual Property Rights in the Platform and Data shall remain with
HOABL and its affiliates, as the case may be. All rights not otherwise claimed under
this T&C and Privacy Policy or by US are hereby reserved.
2. The Portal, and related icons and logos are registered trademarks or trademarks or
service marks of HOABL and related icons and logos are registered trademarks or
trademarks or service marks of HOABL, in various jurisdictions and are protected
under applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks is strictly
prohibited.
3. Investment Projects, designs, specifications and other documents (“Designs”),
prepared by HOABL are instruments of service for use solely with respect to this
project. This includes documents in electronic form. HOABL shall be deemed the
author and owner of the Investment Projects and shall retain all common law,
statutory and other reserved rights, including copyrights. Customer shall indemnify
and hold HOABL harmless for any loss or damage caused by any unauthorized use of
the Investment Project by the Customer and the Customer shall be liable for the same.
LIMITATION OF LIABILITY
HOABL’s lability in connection with or arising out of the contractual relationship with
the User, regardless of the ground (contract or tort or otherwise) shall be limited to the
total fees received by HOABL in respect of the Investment Project. Any additional claim
for damages based on default shall be excluded. In no event shall HOABL be liable for
(i) any form of negligence (including gross negligence to the extent permitted by law)
by HOABL or by any of HOABL’s employees, executives or affiliates; (ii) indirect
damage, consequential damage and/or loss of profits or unrealised savings; and (iii)
any acts and omissions on the part of auxiliary persons of HOABL or the
suppliers/vendors, be this contractual or non-contractual.
Any provisions specified or implied by herein or elsewhere notwithstanding, any
advice, recommendation, information, assistance or service provided by HOABL in
relation to the Investment Project or in respect of their use or application is given in
good faith, shall be deemed accepted by the User without imputation of any liability to
HOABL, and it shall be the responsibility of User to confirm the accuracy and reliability
of the same in light of the use of which User makes or intends to make of the products
and services.
YOU AGREE AND CONFIRM
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong
name or address or any other wrong information) any extra cost incurred by HOABL
for redelivery shall be claimed from you.
2. You will provide authentic and true information in all instances where such
information is requested of you. HOABL reserves the right to confirm and validate the
information and other details provided by you at any point of time. If upon
confirmation your details are found not to be true (wholly or partly), HOABL has the
right in its sole discretion to reject the registration and debar you from using the
Services of HOABL without prior intimation whatsoever.
3. That you are accessing the services available on this Platform at your sole risk and
are using your best and prudent judgment before entering into any transaction
through this Platform.
DISCLAIMERS
1. If You choose to use the Portal, Platform Services You do so at Your sole risk. You
acknowledge and agree that HOABL does not have an obligation to conduct
background or character checks on
2. any User but may conduct such background or character checks in its sole discretion.
If We choose to conduct such checks, to the extent permitted by Applicable Law, we
disclaim warranties of any kind, either express or implied, that such checks will
identify prior misconduct by a User or guarantee that a User will not engage in
misconduct in the future.
3. No advice or information, whether oral or written, obtained from HOABL or through
the Portal, will create any warranty not expressly made herein.
TERMINATION
1. You can stop using Our Platform and the Platform Services at any time. HOABL may
also restrict Platform access by You or add or create new limits to Platform Services
provided to You at any time.
2. HOABL reserves the right, in its sole discretion, to terminate the access to the Platform
and the related Services or any portion thereof at any time, by giving You 15 (fifteen)
days’ notice via email to Your registered email address provided to us.
3. Causes for termination may include, but shall not be limited to, breach by the User of
this T&C, General Terms, Privacy Policy or Applicable Laws, requests by enforcement
or government agencies, requests by the User, etc.
4. Should the User object to any terms and conditions of this T&C or become dissatisfied
with the Platform in any way, the User’s only recourse is to immediately: (a)
discontinue use of the Platform and Platform Services; and (b) notify HOABL of such
discontinuance. HOABL shall not be liable to the User or any Third Party for
termination of this T&C.
5. Upon termination, the User’s right to use the Platform and Platform Services shall
immediately cease. The User shall have no right and HOABL shall have no obligation
thereafter to execute any of the User’s uncompleted tasks. Once the User’s registration
is terminated, cancelled or suspended, any User Content that the User has stored on
the Platform may not be retrieved later.
6. If You or we terminate this T&C, the clauses of these Terms that reasonably should
survive termination of the T&C will remain including indemnity, ownership of
Intellectual Property Rights etc.
APPLICABLE LAW AND DISPUTE RESOLUTIONYou agree that this T&C and any
contractual obligation between HOABL and User will be governed by the laws of India.
The courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of
or in relation to this T&C, your use of the Platform.
CONTACT INFORMATION AND GRIEVANCE OFFICER
If a User has any questions concerning the Platform and this T&C related to any of
the foregoing, a customer support can be reached at the following email address:
care@hoabl.in
MISCELLANEOUS
1. HOABL shall have no liability of any nature, whether in contract, or otherwise, for any
losses whatsoever and howsoever caused, from or in any manner connected with any
of the Services provided by Us.
2. HOABL reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Platform Services (or any part thereof) provided by Us
with or without notice. You agree that HOABL shall not be liable to You or to any Third
Party for any modification, suspension or discontinuance of such Platform Services.
It is Your responsibility to review these T&C periodically for updates/changes.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the information, Data provided by Us, including any
Intellectual Property Rights of HOABL or any person firm or corporation having posted
information for availability through the Services provided by us.
4. You agree that in the event Your post, User Content, registration data or Your
information violates any provision of this T&C, We shall have the right to refuse to
provide You or any person acting on Your behalf, access to the Platform and Platform
Services, terminate and/ or suspend Your access if applicable in the future.
5. If any provision of this T&C is held by a court of competent jurisdiction to be
unenforceable under applicable law, then such provision shall be excluded from this
T&C and the remainder of the T&C shall be interpreted as if such provision were so
excluded and shall be enforceable in accordance with its terms; provided however
that, in such event, this T&C shall be interpreted so as to give effect, to the greatest
extent consistent with and permitted by Applicable Law, to the meaning and intention
of the excluded provision as determined by such court of competent jurisdiction or
arbitral tribunal.
6. Our failure, delay or omission to exercise or enforce any rights or provisions of these
T&C will not constitute a waiver of such rights or provisions. A waiver on any one
occasion will not be construed as a bar or waiver of any rights or remedies on future
occasions. Any claim in relation to this T&C should be filed within 3 (Three) months
from when the cause of action arose. Any claims filed beyond this time period shall be
barred.
7. Neither party hereto shall be responsible for delays or failures in performance
resulting from acts beyond its reasonable control and without its fault or negligence.
Such excusable delays or failures may be caused by, among other things, strikes,
lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and
similar occurrences.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE
PRIVACY POLICY
This Privacy Policy describes how M/s Sharpskill Infra Developers Private Limited
with the brandname of HOABL (“House of Abhinandan Lodha”) along with all its affiliate
companies consisting of its related subdomains and websites (the “Site” or “we” or “Us”)
collects, uses, and discloses the Customer’s (“your” or “you”) Personal Information when
you visit our website, web application or any other platform (“Site” or “Platform”)
designed by Us to provide services to you.
Collecting Personal Information
When you visit the Site, we collect certain information about your device, your
interaction with the Site, and information necessary to process your enquiries. We
may also collect additional information if you contact us for customer support. In this
Privacy Policy, we refer to any information that can uniquely identify an individual
(including the information below) as “Personal Information”. See the list below for more
information about what Personal Information we collect and why.
Device information
Examples of Personal Information collected: version of web browser, IP
address, time zone, cookie information, what sites or products you view, search
terms, and how you interact with the Site.
Purpose of collection: to load the Site accurately for you, and to perform
analytics on Site usage to optimize our Site.
Source of collection: Collected automatically when you access our Site using
cookies, log files, web beacons, tags, or pixels
Examples of Personal Information collected: name, address, phone number,
media, files, photographs, password for login to our Platform, contacts, SMS,
location, phone pattern, etc.
Purpose of collection: to provide services to you, communicate with you, screen
our platform for potential risk or fraud, and when in line with the preferences
you have shared with us, provide you with information or advertising relating to
our products or services.
Source of collection: collected from you through your usage of Site and other
platform.
Minors
We do not intentionally collect Personal Information from children below 18 years
directly. All the information about the Minor and Child is collected from either Parent/s
or Guardian. If you are the parent or guardian and believe your child has provided us
with Personal Information, please contact us at the address below to request deletion.
Sharing Personal Information
We share your Personal Information with our service providers to help us provide
services, as described above. We may also share your Personal Information with any
regulatory authority such as:
We may share your Personal Information to comply with applicable laws and
regulations, to respond to a subpoena, search warrant or other lawful request for
information we receive, or to otherwise protect our rights.
How we secure your Personal Information
We understand that the confidentiality, integrity, and availability of your information
are vital to our business operations and our own success. We employ appropriate
technical and organizational security measures at all times to protect the information
we collect from you. We use multiple electronic, procedural, and physical security
measures to protect against unauthorized or unlawful use or alteration of information,
and against any accidental loss, destruction, or damage to information. However, no
method of transmission over the Internet, or method of electronic storage, is 100%
secure. Therefore, we cannot guarantee its absolute security. Further, you are
responsible for maintaining the confidentiality and security of your login id and
password, and may not provide these credentials to any third party.
Behavioural Advertising
As described above, we use your Personal Information to provide you with targeted
advertisements or marketing communications we believe may be of interest to you. For
example:
We use Google Analytics to help us understand how our customers use the Site.
You can read more about how Google uses your Personal Information here:
https://policies.google.com/privacy?hl=en.You can also opt-out of Google
Analytics here: https://tools.google.com/dlpage/gaoptout.
We share information about your use of the Site, and your interaction with our
Services provided on the Site and platform.
Lawful basis
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of
the European Economic Area (“EEA”), we process your personal information under the
following lawful bases:
Your consent;
The performance of the contract between you and the Site;
Compliance with our legal obligations;
To protect your vital interests;
To perform a task carried out in the public interest;
For our legitimate interests, which do not override your fundamental rights and
freedoms.
Retention
When you place an order for our services through the Site, we will retain your Personal
Information for our records unless and until you ask us to erase this information.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device
when you visit our Site. We use a number of different cookies, including functional,
performance, advertising, and social media or content cookies. Cookies make your
browsing experience better by allowing the website to remember your actions and
preferences (such as login and region selection). This means you don’t have to re-enter
this information each time you return to the site or browse from one page to another.
Cookies also provide information on how people use the website, for instance whether
it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our
services.
The length of time that a cookie remains on your computer or mobile device depends on
whether it is a “persistent” or “session” cookie. Session cookies last until you stop
browsing and persistent cookies last until they expire or are deleted. Most of the cookies
we use are persistent and will expire between 30 minutes and two years from the date
they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing
or blocking cookies can negatively impact your user experience and parts of our website
may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to
accept cookies through your browser controls, often found in your browser’s “Tools” or
“Preferences” menu. For more information on how to modify your browser settings or
how to block, manage or filter cookies can be found in your browser’s help file or through
such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share
information with third parties such as our advertising partners. To exercise your rights
or opt-out of certain uses of your information by these parties, please follow the
instructions in the “Behavioural Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to
respond to “Do Not Track” signals, we do not alter our data collection and usage
practices when we detect such a signal from your browser.
Changes
We may update this Privacy Policy from time to time in order to reflect, for example,
changes to our practices or for other operational, legal, or regulatory reasons.
Contact
For more information about our privacy practices, if you have questions, or if you would
like to make a complaint, please contact by mail using the details provided below:
M/s Sharpskill Infra Developers Private Limited
3
rd
Floor, Lodha Excelus, N.M. Joshi Marg,
Mahalaxmi, Mumbai, Maharashtra - 400011