- 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”) governing your access to and use of the HOABL Platform program interfaces, including any sub domains thereof, and any other websites (collectively, “Platform”) through which HOABL makes its real-estate project available for sale to the customers/ users (“Services”). The Platform 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 7th Floor, Lodha Excelus, Apollo Mills Compound, N.M. Joshi Marg, Mahalaxmi, Mumbai, Maharashtra – 400011 (hereinafter referred to as “HOABL”, “We”, “Us” or “Our”).
This document is an electronic record in terms of 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.
- 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 User’s responsibility to review these T&C periodically for 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 into the Platform. Users agree that User’s 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 User’s use of those features or offerings. If additional terms are available for the specific services of the User’s 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 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
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. The Users agree that Our services under the Platform are non-transferrable. The Users agree that We may put further terms and conditions in relation to the use of our Portal. 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. If a User is dissatisfied with the Portal, 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. You shall be liable to indemnify HOABL for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected HOABL. 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. 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. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. 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. 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. The Platform may be linked to the website of third parties, affiliates and business partners. HOABL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through its Platform. 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:
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
- 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;
- 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;
- 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
- 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
- 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;
- Use Our Platform in connection with the distribution of unsolicited commercial email (“spam“)
- “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;
- register for more than one Account or register for an Account on behalf of an individual other than Yourself;
- engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of Our Platform or Platform Services;
- 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;
- 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;
- 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;
- access, tamper with, or use non-public areas of the Platform or Platform Services, HOABL’s computer systems, or the technical delivery systems of HOABL’s providers;
- attempt to probe, scan, or test the vulnerability of any HOABL system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HOABL or any of HOABL’s providers or any other Third Party (including another User) to protect the Platform and Platform Services.
- 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.
- 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.
- 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.
- 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.
- ELIGIBILITY
- 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.
- 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.
- 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.
- 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.
- 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 provisions of this T&C will have their access blocked/ members if applicable revoked and/ or be excluded from Our network.
- LICENSE TO USE
- 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.
- 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
- 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.
- We do not commit to ensuring that, the Platform will be available at any particular time.
- While We shall make best endeavours to ensure proper functioning of the Portal, You shall not hold Us liable for any loss, inconvenience suffered due to unavailability of features or Platform Services provided on the Portal.
- RESTRICTIONS ON USE
- 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.
- 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.
- 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.
- 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.
- You agree not to undertake any action which may undermine the integrity of the Portal’s feedback system.
- 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.
- 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.
- 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
- 9.1 PAYMENT TERMS
We reserve the right to refuse any purchase with respect to the Services you place with us. We may, in our sole discretion, limit or cancel such purchased Service. These restrictions may include purchase placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In order to avail Services offered by HOABL on its Platform, You agree to pay the applicable Fees as provided by HOABL from time to time. In addition to the Fees, You shall be responsible to pay all the applicable taxes and gateway platform charges arising from the transactions for availing Services. Unless otherwise stated, HOABL reserves the right to change the Fees at any time without any intimation to the User. The User agrees that all payments due to HOABL will be made within the specified time and in the event of any delay, HOABL may refuse, at their discretion, to carry out transactions and/or charge interest/compensation as per the payment policy of HOABL and the User absolutely and irrevocably agree to abide by the same and any such additional cost, shall borne solely and completely by the User. All payments made to HOABL shall be from the account of the User and shall not be from any third party. The User will be solely responsible for any violation.Payments with respect to the Services shall be paid by the User either by way of bank transfer or debit / credit Card or through other online platforms as provided by the gateway platform. In case any payment(s) made by the User is not reflected in HOABL’s bank account, then HOABL shall not be liable to refund any such amounts. Further, in case, you fail to purchase the Services on time, HOABL reserves the right to immediately suspend or cancel the purchase at its sole discretion.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the gateway platform. You agree to promptly update your account and other information, including your email address and credit / debit card details as required on the gateway platform in order to avail the Services offered by Us. You agree that HOABL shall not under any circumstances be liable in case there are any lags/errors/bugs on the gateway platform due to which the payment is not processed.
The User accepts to comply with the requirement of HOABL with regards to payment. All fees and charges on our Platform are subject to change from time to time, subject to complying with applicable law and rules, at our HOABL’s discretion, with due notification to the User. Each time there is any change with respect to fees and charges, HOABL would notify all Users by an email and/or SMS to their registered email ID and contact number with all details, along with the date of such changes being effective.
- 9.2 INDEMNITY
- 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.
- 9.3 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.
- 9.4 INTELLECTUAL PROPERTY
- 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.
- 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.
- Services, 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 Services 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 Services by the Customer and the Customer shall be liable for the same.
- 9.5 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 Services. 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 Services or in respect of their use or Platform 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.
- 9.6 YOU AGREE AND CONFIRM
- 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.
- 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.
- 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.
- 9.7 DISCLAIMERS
- 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
- 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.
- No advice or information, whether oral or written, obtained from HOABL or through the Portal, will create any warranty not expressly made herein.
- 9.8 TERMINATION
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 9.9 APPLICABLE LAW AND DISPUTE RESOLUTION
- You 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.
- 9.10 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
- 9.11 MISCELLANEOUS
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- We hope you will be pleased with your purchase of Services on our Platform. Should you wish to withdraw the Services bought from us, you will be required to approach our customer support team at care@hoabl.in. In case, you wish to cancel the Services purchased through our Platform, for any reasons whatsoever, refund for the Services shall be made by HOABL not exceeding the total amount paid by you. For the purpose of the Refund we would require a proof of purchase. Also, please note that the refund policy will automatically expire within 30 days from the date of purchase of the Services and HOABL shall not be liable to refund any amount after the expiry date. Moreover, HOABL shall be at liberty to deduct / withhold any monies/advance paid by you for availing the Services at its sole discretion.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE