Terms & Conditions

Unnisis Infrratech Private Limited (“https://www.toppropmart.com/”) and Unnisis Infrratech Private Limited  (“Web Application”) is an online platform owned, managed and operated by Unnisis Infrratech Private Limited, a company incorporated and existing under the Companies Act, 1956/ 2013, and having its registered office at C-635, Indira Nagar, Lucknow - 226016, Uttar Pradesh, INDIA (“We”, “Us”, “Freelance, “Our”); which helps Users (defined herein below) to register on the Website and/ or Mobile Application for the purpose of seeking membership, which shall allow them access to a fully customized and functional co-working space (“Services”). 

 

For the purpose of these Terms of Use (defined herein below), wherever the context so requires, “You(r)” or “User” shall mean any natural or legal person including but not limited to any company, firm, sole proprietorship or other associations of individuals, who visits, search or accesses our Website and/ or Mobile Application and includes a Registered User. The User may or may not be registered with the Website and/ or Mobile Application. If registered, the User shall be referred to as a “Registered User”. 

 

By using the Website and/ or Mobile Application, You represent that You have read and agree to be bound by the terms and conditions provided herein as well as any other guidelines, policies, rules and additional terms referenced herein, collectively referred to as “Terms of Use”. These Terms of Use set out the legally binding terms with respect to Your access and use of Services through Our Website and/ or Mobile Application. We request You to please read these Terms of Use carefully. If You do not agree with any of these Terms of Use (including, referenced policies and guidelines), We encourage You to terminate Your use of the Website and/ or Mobile Application. 

 

1. ELIGIBILITY

 

You for the purpose of using Our Website and/ or Mobile Application hereby represent and warrant to Us that You are: (i) a legal/natural person; (ii) above eighteen (18) years of age  (iii) capable of forming legally binding contracts under The Indian Contract Act, 1872 or any other law as may be applicable to You (iv) this Term of Use is binding and enforceable against You; (v) If You are accepting this Term of Use on behalf of an entity, You have the right and authority to agree to all of the terms set forth herein on behalf of such entity (vi) You have read and understand Our Privacy Policy, the terms of which are posted at the Website and/ or Mobile Application and agree to abide by the terms of the said Privacy Policy.

 

2. USER’S REPRESENTATIONS AND WARRANTIES

 

You agree, confirm and undertake that:

 

1. You shall not use the Website and/ or Mobile Application for any illegal/unlawful purposes;
2. You shall abide by all the applicable local, state and central laws and regulations;
3. You shall not interfere with or disrupt the use and enjoyment of the Website and/ or Mobile Application by other Users;
4. You shall not defame, harass, abuse or disrupt other Users of the Website and/ or Mobile Application.
5. You shall not modify, adapt, translate, or reverse engineer any portion of the Website and/ or Mobile Application;
6. We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of other Users and the public. 

 

3. MONITORING OF THE WEBSITE, MOBILE APPLICATION AND USER ACCOUNT

 

1. You understand and agree that We have the right and liberty to monitor the content on the Website and/ or Mobile Application at all times which shall include information including Personal Data provided in the Registered User accounts. The monitoring of the Website and/ or Mobile Application is important to determine the veracity of the Personal Data provided by Users and to ensure that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use mentioned herein, We shall also have the liberty at Our sole discretion to remove any objectionable content which is in contravention of the Terms of Use herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India. 

 

2. You understand and agree that We shall also be entitled to investigate occurrences which may involve such contravention and take appropriate legal action that involves cooperation with law enforcement authorities in prosecuting Users who are involved in such contraventions. 

 

3. The Registered Users shall be responsible for maintaining confidentiality to prevent unauthorized access to Registered User’s account. The Registered User agrees to accept responsibility for all activities that occur under their account or password. The Registered User shall take all necessary steps to ensure that their account password is kept confidential & secure and shall ensure that they will exit from their account at the end of each session and should inform Us immediately if the Registered User has any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be used, in an unauthorized manner. The Registered Users hereby agree and confirm that We shall not be held liable to the Registered Users for any loss or damage arising from the Registered User’s failure to comply with anything provided herein above. 

 

4. The Registered User shall ensure and undertakes that the details they provide to Us are true, correct and complete. The Registered User should further inform Us immediately of any changes to the information that has been provided at the time of registering. The Registered Users understand and agree that any omission, misrepresentation or concealment of any significant fact/detail/information provided on the Website and/ or Mobile Application, shall be considered as a sufficient reason for legal action against the Registered User including, but not limited to, termination of their accounts. The Registered User can access and update much of the information provided on the Website and/ or Mobile Application or by writing to Us at 

Name - SHAKTTE SACHDEV

Address -  C-635, Indira Nagar Lucknow Lucknow UP 226016 IN ;

Mail id - shaktte@toppropmart.com

 

4. PERSONAL DATA

 

For complete and proper usage of the Website and/ or Mobile Application, the Users while seeking any additional information or while registering on the Website and/ or Mobile Application shall provide certain details and information including their Personal Data, which the Registered User agrees and confirms, shall be true and accurate. 

 

Any Personal Data collected by the Website and/ or Mobile Application shall not be disclosed to any third party unless such a disclosure is authorized by law, or the Registered User has consented to such a disclosure. However, We have an unconditional right to share the Registered User’s Personal Data with the Website and/ or Mobile Application partners, affiliates, employees and agents. For more details on the Website and/ or Mobile Applications’ policies regarding Personal Data please refer to the “Privacy Policy”.

 

5. LIMITATION OF LIABILITY

 

a. https://www.toppropmart.com/ only offers a platform to showcase the property / project listings and has no role in any transaction or communications and hence shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, https://www.toppropmart.com/, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to https://www.toppropmart.com/, for the Service during the term of membership.

b. https://www.toppropmart.com/ being a public site with free access assumes no liability for the quality and genuineness of responses. Unnisis Infrratech Private Limited cannot monitor the responses received by any User in response to the information posted by them and so displayed on the site. User should conduct its own background checks on the bonafide nature of all response(s). https://www.toppropmart.com/ will not be liable for any inaccuracy of information on this website.

c. https://www.toppropmart.com/ expressly disclaims any liability arising due to presence of any fraudulent information published on the site.

d. The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company. The User would do so solely at his / her own risk and Site / Company shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information or repute.

e. That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each User hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Users.

f. The User hereby agrees to take full responsibility to research well before making using of any information on the Site. https://www.toppropmart.com/ shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, https://www.toppropmart.com/, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to https://www.toppropmart.com/, for the Service during the term of membership.

g. That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each User hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Users.

h. https://www.toppropmart.com/ may offer Complimentary leads to the Users with certain paid packages / some special schemes but the Users shall not in any circumstance hold https://www.toppropmart.com/ liable for the same as this is subject to availability. These are requirements posted by buyers and their receipt is based on the popularity, trends etc. which are not governed by https://www.toppropmart.com/ and hence cannot be guaranteed. https://www.toppropmart.com/ would try to forward the leads that match the Users requirements but is not liable for the accuracy and authenticity of the information.

 

6. MODIFICATION OF TERMS OF USE

 

You understand and agree that We reserve the right, at our sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website and/ or Mobile Application and its Services (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and services or restrict User’s access to parts, or the entire Website and/ or Mobile Application, without notice or liability. You agree to review the Terms of Use periodically so that You are aware of any such modifications and We shall not be liable for any loss suffered by You on account of such changes or Your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website and/ or Mobile Application or Service implemented after Your initial access of Website and/ or Mobile Application or use of the Service shall be subject to these Terms of Use. Your continued use of the Website and/ or Mobile Application constitutes Your acceptance of these Terms of Use and any changes/modifications made to them thereafter. 

 

7. PAYMENTS PARTNER 

For all monetary transactions, the payment partner shall be Paytm(“Payment Partner”). You and all other users of the Website and/ or Mobile Application shall also be subjected but not limited to the terms of use/ terms and conditions of the Payment Partner. 

 

8. REFUNDS/ CANCELLATIONS

 

1. Request for refund of Property leads on account of non-contactable contact details need to be brought in notice within 07 days of purchase, failing which the request would not be entertained.
2. No refund requests owing to canceled or fulfilled leads would be entertained as these are beyond the scope of the Site since we have no role in monitoring the deal finalization, transactions or preferences of the Users.
3. The refund request cannot exceed 10% of the assigned Property leads quota and the request can be processed directly via the member folder in which the refund option would be inaccessible once the limit is exceeded irrespective of the reason cited for refund.
4. Once subscribed, the payment made by the User for Paid service is not refundable and no claim for refund would be entertained. https://www.toppropmart.com/ neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Users. All the services are on a best effort basis.

 

9. PAYMENTS PROCESSING

Vendors/Information Sharing Experts will have their money remitted into their account within 7 business days after successful completion of the session.

 

10. LICENSE AND SITE ACCESS

 

All material, content or logos, marks, software on or part of the Website and/ or Mobile Application and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, are owned by Us or Our licensors. You acknowledge that the Website and/ or Mobile Application and any underlying technology or software on the Website and/ or Mobile Application used in connection with rendering the Services are proprietary information owned or duly licensed to Us, except where it is indicated otherwise. You understand and agree that We grant Users a limited license to access and make personal use of the Website and/ or Mobile Application, but not to download (other than page caching) or modify it, or any portion of it, except with Our prior written consent. This license does not include any resale or commercial use of this Website and/ or Mobile Application or its contents; any downloading or copying of account information for the benefit of anyone other than You; or any use of data mining, robots, or similar data gathering and extraction tools. This Website and/ or Mobile Application or any portion of this Website and/ or Mobile Application (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and / or Our affiliates, as may be applicable. Any unauthorized use of the Website and/ or Mobile Application shall terminate the permission or the right granted by Us.

 

11. LIMITATION OF LIABILITY

 

Notwithstanding anything to the contrary contained herein, neither We nor Our affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to the User(s) or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising or resulting from use or the inability to use the Services and/or any other matter relating to the Services. To the maximum extent permitted by law, the User waives, releases, discharges and holds harmless, Us, Our affiliated and subsidiary companies, and each of Our directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Users’ use of the Website and/ or Mobile Application or use of Our Services. 

 

12. APPLICABLE LAWS

 

Your use of the Website and/ or Mobile Application and the Terms of Use are subject to the laws of India. 

 

13. INDEMNITY 

 

You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors, agents and Our third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to the Users’ use of our Services or Our Website and/ or Mobile Application, any violation by the User of these Terms of Use, or any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at the expense of the User, to assume the exclusive defense and control of any matter for which the User is required to indemnify Us, including right to settle, and the User agrees to cooperate with Us for defense and settlement of these claims. We will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. 

14. SEVERABILITY

 

In the event that any provision of these Terms of Use, or any portion thereof, shall be held invalid, illegal or unenforceable under applicable law, such defect shall not vitiate the other provisions of the Terms of Use and the remainder of the Terms of Use shall continue to be legal, valid, effectual and binding on all the Users. 

 

15. DISCLAIMER OF WARRANTIES 

 

You understand and agree that We make no warranty that:

a. the Services will meet the Users’ requirements;

b. the Services will be uninterrupted, timely, secure, or error-free;

c. the results that may be obtained from the use of the Services will be accurate or reliable;

d. the quality of any services, information, or other material obtained by a User through the Services will meet the Users’ expectations; or

e. any errors in the technology will be corrected.

 

16. TERM AND TERMINATION

 

1. These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website and/ or Mobile Application by the Users. 

 

2. For Registered Users the Terms of Use shall commence from the date of registration of such Registered Users and shall be valid till such time the account is not deleted by such Registered Users , unless terminated earlier by Us in accordance with these Terms of Use;

 

3. We may terminate Your access to Our Website and/ or Mobile Application or all or any part of the Services offered, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your registered account. If You wish to terminate Your Account, You may do so by following the instructions on the Website and/ or Mobile Application. Any fees paid on the Website and/ or Mobile Application by any Registered User are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation to, warranty disclaimers, indemnity and limitations of liability. 

 

17. ARBITRATION 

 

If any dispute arises between You and Us during Your use of Our Services or thereafter including in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by Us. The place of arbitration shall be New Delhi and the arbitration proceedings shall be governed by The Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be in the English language. The Arbitral tribunal shall have the right to grant interim reliefs. The courts of New Delhi shall have exclusive jurisdiction to decide upon any application under Section 9, Section 11 and other provision of Arbitration and Conciliation Act, 1996 as amended from time to time and which provides right to such court to adjudicate upon any matter.

 

 

18. ASSIGNABILITY 

 

The Website and/ or Mobile Application may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, You shall not assign, sub-licence or otherwise transfer any of Your rights under these Terms of Use to any other party, unless a written consent is taken from Us.

 

19. WAIVER

 

Failure on Our part to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy. 

 

20. FORCE MAJEURE 

 

We are not liable for failure to perform any of its obligations if such failure occurs as a result of Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

 

You hereby agree and accept that these “Terms of Use” along with “Privacy Policy” of the Website and/ or Mobile Application constitute a binding agreement between You and Us, and is automatically accepted by You upon checking this tick box and your continued use of the Website and/ or Mobile Application.

 

21. DISCLAIMER

a. The Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.

b. The User shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.

c. The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services of https://www.toppropmart.com/

d. The Company's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the User to the Company for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.

e. The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.

f. The Company neither guarantees nor offers any warranty about the credentials, status or authenticity of the buyer/seller/real estate agent / builder etc. contacting the Users after accessing the information/data posted by the Users.

g. The Company does not warrant that https://www.toppropmart.com/ or any of the web sites linked to https://www.toppropmart.com/ be free of any operational errors or that it will be free of any virus, worm, or other harmful component.

h. The User acknowledges that it is not the Company's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through https://www.toppropmart.com/ The Company may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Company, to comply with the legal or moral obligations as placed on the Company and to avoid infringing a third party's rights or any other rules, standards or codes of practices that may be applicable to the posting or https://www.toppropmart.com/ or the internet. It is the sole prerogative and responsibility of the User to check the authenticity of all or any response/ inquiry received or information displayed. https://www.toppropmart.com/ is a public site with free access and assumes no liability for the quality and genuineness of responses.

i. https://www.toppropmart.com/ neither guarantees nor offers any warranty about the credentials of the contacted parties including prospective buyer / seller / builder / real estate agent / User and it is for the users to test, analyse and verify the same at their own end.

j. The data fed by the User can be updated by the User alone and is solely their liability so https://www.toppropmart.com/ is not responsible for the updated status of the information.

k. The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.

l. The Site is controlled and operated from India and the Site makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Site from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treats.

m. Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. The Site does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter; Users dealing in such projects shall be doing so entirely at their risk and responsibility.