Terms and conditions

These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Propcierge website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and Propcierge services available through the domain and sub-domains of Propcierge located at www.propcierge.in ( collectively referred to herein as the "Website" ), and (ii) the online transactions between those users of the Website who are either offering services ( "Professional") or those users of the Website who are obtaining services ( "User") through the Website (such services, collectively, "the Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.The Professional and the User shall be collectively referred to as "you" or "your".

These terms and conditions outline the rules and regulations for the use of Propcierge, located at www.propcierge.in

By accessing this website we assume you accept these terms and conditions. Do not continue to use propcierge if you do not agree to take all of the terms and conditions stated on this page.

INTRODUCTION

The website serves as a platform for a User to meet a Professional and hire his services. The Professional is not an employee of the Company that owns the website nor has the Professional been hired by the Company to provide these services.

You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information between Professionals and Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use”, you hereby certify that:

  • You are either a Professional or a prospective User,
  • You have the authority to enter into these Terms of Use,
  • You authorize the transfer of payment for Services requested through the use of the Website, and
  • You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 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 usage of the website. This electronic record is generated by a computer system and does not require any physical or digital signatures. All kinds of correspondence should be addressed by post to the registered office address as given above and emailed at [email protected]

Users may log on to the website by using their registered user names and passwords and monitor the location of such Bluetooth ID Cards at any given point in time.

AMENDMENTS

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other policies at any time by posting changes on the website, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the website. Your continued usage of the Website after any change is posted constitutes your acceptance of the amended Terms of Use and other policies. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and policies as may be posted on the website from time to time.

Propcierge may change, suspend, and/or discontinue the Website at any time, including the availability of any feature, data and/or content on the website without notice and/or liability to the Users. Propcierge may also impose limits on certain features and Services and/or restrict User’s access to parts and/or all of the Services without notice and/or liability to the Users.

PRIVACY

While using the website, personal information may be provided by You or collected by Propcierge when a user ID is being created or otherwise. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Propcierge, subject to this section, the Privacy Policy and any applicable laws and regulation.

By accessing the Website, you may gain access to other third-party websites through Propcierge. In such an event, Propcierge will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party. These terms shall not be applicable to your details shared with any third party at your request.

LICENSE

Propcierge hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the website for non-commercial purposes, subject to these Terms of Use.

You may use the Website solely for private and personal purposes. You may not use the Website commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Website; (ii) resell the Website; (iii) offer to rent or lease the Website or services provided therein; or (iv)offer the Website to the public via communication. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Website.

When using the Website or the Site you shall not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Website or the database for any purpose without the express prior written permission of Propcierge.

The Website may not be used in any way that is not expressly permitted by these Terms.

INTELLECTUAL PROPERTY

All trademarks, brands and marks used in connection with the Website and/or feature(s) offered are owned by Propcierge and arePropcierge’s property; Propcierge owns all copyrights and intellectual property rights and database rights in connection with the Website.

You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the Website.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without express prior written consent of Propcierge.

USE RESTRICTIONS:

There are certain types of conduct that are strictly prohibited on the Website. Your failure to comply with the provisions set forth below may result (at Propcierge’s sole discretion) in the termination of your access to the Website and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Website and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Propcierge’s prior written consent; (iii) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others; (iv) transmit or otherwise make available in connection with the Website, any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (v) interfere with or disrupt the operation of the Website, or the servers or networks that host the Website or make the Website unavailable, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vi) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Website; (viii) frame or mirror any part of the Website without Propcierge’s prior express written authorization; (ix) create a database by systematically downloading and storing all or any of the Content from the Website; (x) forward any data generated from the Website without the prior written consent of Propcierge to any third party to this agreement; (xi) transfer or assign your Website accounts and password, even temporarily, to a third party; (xii) use the Websitefor any illegal, immoral or unauthorized purpose; (xiii) use the Website or the Content for non-personal or commercial purposes without Propcierge’s express prior written consent; or (xiv) infringe or violate any of these Terms.

TERMINATION OF USE OF THE WEBSITE

You may terminate your use of the Website at any time and for whatever reason. You are not obligated to advise Propcierge of such termination. However, if you would also like for Propcierge to delete your account and your personal information contained in the account, please use the “Delete Account” function in the Application.  On receiving such a request, Propcierge will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.

Propcierge retains the right to block your access to the Website and discontinue your use of the Website, at any time and for any reason Propcierge deems appropriate, at its sole and absolute discretion.

LIMITATION OF LIABILITY AND WARRANTY

Propcierge hereby explicitly disclaims any claims relating to the safety of the users or Professionals in relation to the Website. Propcierge provides the Website only as platform where the Professionals and User to meet and for the Users to hire the services offered by the professionals. Propcierge is not responsible for the quality/ delay/ inaction of the service rendered by the Professional. The User in the event of seeking any remedy in relation to any service or any omission by any Professional shall not implead nor make claims Propcierge in any such claim or action.

Propciergeis not responsible for the malfunctioning of said Website due to a power outage, natural disaster, or other grounds that are out of Propcierge’s control and Act of God. The functioning of the website entirely depends on the service provided by your Internet Service Providers and Propcierge is not responsible for lack of function due to the malfunction of the Internet Service Provider.

Additionally, and without derogating from the above clauses, Propcierge disclaims any warranties relating to the accuracy of the information provided by the User or the Professional.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Website, and you further agree and acknowledge that your use of or reliance on the Website is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Website.

Propcierge exerts efforts to provide you with a high quality and satisfactory running of the Website. However, Propcierge does not warrant that the Website will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Propcierge’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Propcierge or any of its providers.

Propcierge, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the Website, or from any failure, error, or breakdown in the function of the Website, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the Website, including, without limitation, content originating from third parties, or from any communication with the Website, or with other users on or through the Website, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the Website. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances.

In the event, there is a malfunction in booking the service of the Professional or for any reasons the service is not booked, the amount is so deducted while booking the service of the Professional shall be refunded within 7 working days of the bank.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless Propcierge and its employees, officers, directors and agents, from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms.

TERMINATION OF WEBSITE

Propcierge may, at any time, terminate the provision of the Website in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Website will be governed solely by the laws of India. Any dispute, claim or controversy arising out of, connected with or relating to these Terms and the Website, shall be subject to the jurisdiction of the competent court in Chennai. All disputes shall be resolved by arbitration at Chennai through sole arbitrator appointed mutually.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Website, without the prior written consent of Propcierge. Propcierge may sell/ assign its rights in and to the Website to a third party at its sole and absolute discretion, provided that the third party undertakes Propcierge’s obligations to you under these Terms.

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, shall all constitute the entire and complete agreement between you and Propcierge concerning the Website.

SEVERABILITY

The invalidity or unenforceability of any particular provision of this Terms of Use shall not affect any other provision hereof, but this Terms of Use shall be construed and enforced as if such invalid or unenforceable provision was omitted.

CONFIRMATION AND ACCEPTANCE

You hereby state that you have read and understood the aforesaid Terms and Conditions of this Agreement and hereby declare, confirm, accept and undertake to abide by the Terms and Conditions of this Agreement at all times. You acknowledge that the Terms of Use of this website are legally binding and enforceable.