TERMS AND CONDITIONS

INTRODUCTION

These Terms and Conditions (“T&C”) constitute a legally binding agreement (“Agreement“) between you / end customer (“User”) and House of Abhinandan Lodha Private Limited, including all its affiliate/group companies (hereinafter referred to as “HOABL”, “We”, “Us” or “Our” on the Platform) 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”.

USE OF THE PLATFORM

Please read these T&C carefully before using the Platform. By accessing and / or using the Platform, the User becomes a registered user of the Platform constitutes a binding legal agreement between Users and HOABL and the User signifies his/her/its agreement to be bound by these T&C. HOABL reserves the right, at the sole discretion of HOABL, to change, modify, add or remove portions of these T&C, at any time without any prior written notice to User. It is the User’s responsibility to review these T&C periodically for changes/ updates. The User’s continued use of the Platform following the posting of changes/ updates will mean that the User accepts and agrees to the revisions. As long as Users comply with these T&C, HOABL grants Users a personal, non-exclusive, non-transferable, limited privilege to use and enter the Platform. Users agree that the User’s use of the Platform shall be strictly governed by this T&C.

  1. ACCOUNT

If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website, Android Application and IOS Application. You agree and acknowledge that you will use your account on the Portal to only for your personal use and not for business purposes. 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 for the User’s use, those additional terms become part of these T&C. HOABL reserves the right to refuse access to the Portal, terminate account/s, remove or edit content at any time without notice to you.

  1. 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 such as name, sex, email, age, address, telephone etc., and accordingly an account shall be created (“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. The User shall ensure that the registration data provided by the User must be accurate, complete, current, and true. HOABL shall bear no liability for false, incomplete, old, or incorrect registration data provided by the User. The User hereby expressly consents to receiving communications from HOABL through the User’s registered phone number and/or e-mail id. The User further consents to be contacted by HOABL’s representatives via phone calls/SMS notifications. The User agrees that any communication received by the User from HOABL will not amount to spam, unsolicited communication or a violation by HOABL. The User shall be solely responsible for maintaining the confidentiality of his/her/their registration data and will be liable for all activities and transactions that occur through his/her/its Account, whether initiated by the User or any third party. The password and other details of the Account should not be shared with any third party. The User’s Account is non-transferable and is not capable of being sold to a third party. HOABL shall not be liable for any loss that may incur to the User as a result of someone else using the User’s password or Account, either with or without the User’s knowledge. In the event of any change in the said information, the User agrees to promptly update his/her/their account information to ensure that the communications We intend to send to the User are promptly delivered and are not sent to any other entity/third party. HOABL reserves the right to suspend or terminate the User’s account with immediate effect and for an indefinite period, if HOABL have a reason to believe that the registration data or any other data provided by the User is incorrect or false, or that the security of the User’s account has been compromised in any way. We allow the User to open only one Account in association with registration data provided by the User. In case of any unauthorized use of the User’s account please immediately reach Us at the Email: product@hoabl.in. In case, the User is unable to access his/her/its Account, please inform Us at Email: product@hoabl.in and make a written request for blocking the Account. We will not be liable for any unauthorized transactions made through the User’s Account prior to the User 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.

  1. USING THE PORTAL

a. 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. b. 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. c. The User hereby accepts the terms and conditions mentioned herein by providing the mobile number/ Email-id on the Platform to receive an OTP for login. The User further agrees that We may notify the User by the means of WhatsApp/ SMS/ E-Mail about new project(s) and any other schemes from time to time on their Email id and/ or their mobile number. d. The User agrees and permits Us to access files/photos/contacts and other media for the purpose of 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 to Us if any such files/photos/contacts or media content are proved to be misleading or violate any provisions of the Applicable Law. e. The User agrees and consents that in order for Us to access files and photos or any media, the User permits access to camera and files of the User. We declare that such media shared by the User shall be governed as per Our Privacy Policy. f. The User further consents and agrees to permit Us to access 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. g. 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. h. 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. i. 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 of project(s), area of land, number of customers, average appreciation, images of the property, and any related or unrelated information provided thereof. j. The User agrees and acknowledges that any representations made in the Portal such as but not limited to images of the project(s), 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. k. The User is solely responsible for doing a background check/ due diligence of the project(s) 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. l. The User acknowledges and frees HOABL from any liability arising out of any mathematical, financial, statistical and /or analytical data provided on 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. m. The details about the project(s) 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 therein. n. Any representations made in the portal by HOABL regarding RERA details are true to the fullest extent of HOABL’s knowledge. o. 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. p. If a User is dissatisfied with the Portal, the User’s sole remedy is to discontinue using the Platform. If We determine that the User has/have provided fraudulent, inaccurate, or incomplete information, including through feedback, We reserve the right to immediately suspend the User’s access to the Platform or any of the User’s Account with Us. q. The User shall be liable to indemnify and keep indemnified HOABL for any losses incurred as a result of User’s misrepresentations or fraudulent feedback that has adversely affected HOABL. r. 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. s. 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. t. 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. u. 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. v. In addition to the terms set forth above, neither 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. w. 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. x. 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. The User understands and agrees that the User shall be solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to the User’s use of the Platform and Services.

y. In connection with the User’s use of the Platform and the Services, the User agrees and undertakes not to do the following:

(i) violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations; (ii) 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; (iii) 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 the User’s affiliation with HOABL; (iv) dilute, tarnish or otherwise harm 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; (v) 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; (vi) 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; (vii) 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; (viii) register for more than one Account or register for an Account on behalf of an individual other than the User himself/herself/itself; (ix) engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of Our Platform or Platform Services; (x) 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; (xi) 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; (xii) 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; (xiii) 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; (xiv) attempt to probe, scan, or test the vulnerability of any HOABL system or network or breach any security or authentication measures; (xv) 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. (xvi) It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform that the User may be involuntarily exposed to. It also is possible for others to obtain information about the User due to User’s 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 the User acknowledges and agrees that We are not responsible for the use of any information that the User publicly discloses or shares with others on the Portal. Please carefully select the type of information that the User publicly discloses or shares with others on the Portal. (xvii) The User agrees and undertakes to compensate and defend Us fully against any claims or legal proceedings brought against Us by any third parties or any other person as a result of the User’s actions and/or breach of these T&C. (xviii) 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 the User, including but not limited to deactivating or cancelling the User’s Account, for a violation of these T&C. (xix) HOABL may access, preserve and disclose any of the User’s 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.

  1. KYC (Know Your Customer) POLICY

a. 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 project(s). b. User hereby agrees to provide its KYC details including identity proof, bank account details, PAN number/Card, and residence proof in accordance with the law concerned. c. HOABL presumes that all the data given 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. d. 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. e. 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 is found to be incorrect, or the authenticity of the documents / information is found to be doubtful, pursuant to the KYC Policy in this T&C. f. 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. g. The KYC policy of 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.

  1. ELIGIBILITY a. 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. b. The User 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, the User represents and warrants to HOABL that you are 18 years of age or older, and that the User has 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. c. The User may avail the Services only if the User fulfills the conditions as mentioned in this T&C. If the User is not eligible, please immediately abandon any and all attempts to register with Us or use Our Services. d. The User acknowledges that We rely completely on the information provided by the User and We shall not be held liable if the User or anyone who uses the User’s Account to access the Platform Services on the Platform is not eligible to use the same. e. 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/ membership if applicable revoked and/ or be excluded from Our network.

  2. DISCLAIMER – PRICING AND GROWTH STATISTICS

The information and statistics presented in the Platform are of a general nature only and do not take into account the particular needs or individual circumstances of investors. HOABL does not give any warranty, whether express or implied, as to the accuracy, reliability or otherwise of the information, statistics and opinions contained herein and to the maximum extent permissible by law, accepts no liability for any loss or damages suffered as a result of reliance on such information presented on the Platform. Material displayed on the Platform is solely representative in nature and is not intended to provide investment, accounting, tax or legal advice. HOABL does not represent that any project, product, security or service referred to on the Platform is suitable for any specific investor, nor are they obligations of or guaranteed by HOABL. Nothing on the Platform should be deemed as a recommendation to you to buy, sell or hold any asset or other investment or that you pursue any investment style or strategy and should not be relied on for making business, investment or other decisions. Users are encouraged to consult with their own advisors with respect to their individual circumstances and needs if they would like investment, accounting, tax or legal advice. Decisions based on material displayed on Platform are the sole responsibility of the user, and you agree that HOABL is not liable for any action you take or decision you make in reliance thereon. Certain material on Portal may contain forward-looking statements, which involve estimates, expectations, forecasts, projections, goals, assumptions and are subject to risks and uncertainties. Forward-looking statements speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will”, “potential”, “continue”, “may”, “should”, “seek”, “approximately”, “predict”, “intend”, “plan”, “outlook”, “estimate” or the negative version of these words or similar expressions are intended to identify forward-looking statements. These forward-looking statements are only estimates, consistent with the information available to HOABL at the time they were made and incorporate the subjective judgment of individuals at HOABL or third parties. Due to various risks and uncertainties, actual events, results or actual performance may differ materially from those reflected in any forward-looking statements. No person or entity should rely on these forward-looking statements when making any investment decision. HOABL undertakes no obligation to update publicly or revise any forward-looking statements whether as a result of new information, future developments, or otherwise. Important factors that could cause actual results to differ materially from forward-looking statements may be found in the public domain, and the User should refer to the same before making any investment decision. 7. LICENSE TO USE

HOABL by way of its Services and User’s 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 the User are personal in nature and character and therefore the User shall not be 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 the User’s right, title, and interest in respect of this Platform to any third party.

  1. PLATFORM AVAILABILITY

a. 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. b. We do not commit to ensuring that, the Platform will be available at any particular time. c. While We shall make best endeavors to ensure proper functioning of the Portal, the User shall not hold Us liable for any loss, or inconvenience suffered due to the unavailability of features or Platform Services provided on the Portal.

  1. RESTRICTIONS ON USE

a. As a condition of the User’s access to and use of the Portal, the User agrees to comply with all Applicable Laws and regulations when using the Portal. b. The User agrees to use the Platform solely for his/her/its own private and internal purposes. The User further agrees and undertakes (a) to 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) to 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. c. The User 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 any of its affiliates. The User accepts the terms of the Privacy Policy and acknowledges and agrees to the use of the personal information about the User in accordance with the Privacy Policy. d. The User agrees 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. e. 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 the User are uploaded on the Platform in lieu of any new services/features made available to the User in future (“User Content”), the User agrees and undertakes to grant 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. The User further confirms and warrants to HOABL that the User has all the rights, power and authority necessary to grant the above license. f. The User 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 User’s use of Our service. g. 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.

  1. PAYMENT ON THE PORTAL

a. The Portal allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, we will, subject to the terms and conditions set out herein, facilitate payment through the payment gateway. b. You understand that any payments you make shall be subject to the terms and conditions herein. c. All payments made on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; d. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. e. You agree to pay for the total amount and milestones set out on the Platform as per the terms of your Agreement with us. f. In connection with payment on the portal, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. You agree to pay on the Platform, in accordance with these Terms, using the methods described hereinabove. You further hereby authorize us to collect such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. g. If you are directed to our third-party payment processor, you shall be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the third-party platform’s services. h. The receipt for the same will be issued to you as a part of the Agreement. However, you will receive an acknowledgement of payments made on the Platform as and when the amount is credited into our account.

  1. CANCELLATIONS AND REFUNDS In case of cancellation, if any, the Applicant(s) is required to send an email to withdrawal@hoabl.in alongwith a copy of the cancelled cheque of the Applicant(s). Only those cancellation requests that are sent from the registered email id mentioned in the Expression of Interest (EOI) / Application Form shall be considered.

The terms and conditions in respect of the cancellation shall be applicable as per Cancellations and Refund Policy in respect of the Project, service or product.

  1. SERVICES PROVIDED:

a. You agree and acknowledge that HOABL shall not be liable for any damages, losses or claims to You or any third party in the event you have failed to adhere to the Terms of Use. b. You shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, you agree to provide correct and accurate credit/ debit card, banking details to the approved payment gateways for availing the payment related services. You shall not use the credit/debit card/ banking details which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card/banking details. The information provided by you will not be utilized or shared by the third-party payment gateway with any third party unless required in relation to fraud verifications or by law, regulation or court order. However, you shall be solely responsible for the security and confidentiality of you credit/debit card/banking details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card/banking details. c. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions. d. If you use the Platform, you do the same at your own risk. e. You agree that the payment services shall be provided through the Platform only during the working hours or as and when banking services are available on banking portals.

OTHER TERMS AND CONDITIONS

INDEMNITY

  1. The User agrees to indemnify and keep indemnified 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 fees 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.

INTELLECTUAL PROPERTY

  1. HOABL is the sole owner or lawful licensee of all the rights and interests of 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 unauthorized copying, modification, use or publication of these marks is strictly prohibited.

  2. Project(s), designs, specifications and other documents (“Designs”), prepared by HOABL are instruments of service for use solely with respect to the project(s). This includes documents in electronic form. HOABL shall be deemed the author and owner of the project(s) and shall retain all common law, statutory and other reserved rights, including copyrights in respect thereof. The User shall indemnify and hold HOABL harmless at all times for any loss or damage caused by any unauthorized use of the project(s) by the User and the User shall be liable for the same.

LIMITATION OF LIABILITY

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 unrealized 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 project(s) or in respect of their use or Application is given in good faith, shall be deemed to be 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. The User will provide authentic and true information in all instances where such information is requested. HOABL reserves the right to confirm and validate the information and other details provided by the User at any 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 the User from using the Services of HOABL without prior intimation whatsoever.

  2. That the User is accessing the Services available on this Platform at the User’s sole risk and is using User’s best and prudent judgment before entering into any transaction through this Platform.

DISCLAIMERS

  1. The User chooses to use the Portal, Platform and/ or Services at his/her/its sole risk.

  2. 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. The User can stop using Our Platform and the Platform Services at any time. HOABL shall also be entitled to restrict Platform access by the User or add or create new limits to Platform Services provided to the User 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 the User 3 (three) days’ notice via email to his/her/its 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. In case of termination of this T&C, the clauses of these T&C that reasonably should survive termination of the T&C will remain binding including but not limited to indemnity, ownership of Intellectual Property Rights, etc.

APPLICABLE LAW AND DISPUTE RESOLUTION The User agrees 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 or the User’s use of the Platform.

CONTACT INFORMATION AND GRIEVANCE OFFICER

If a User has any questions concerning the Platform and this T&C, a customer support can be reached at the following email address: product@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. The User agrees that HOABL shall not be liable to the User or to any third party for any modification, suspension or discontinuance of such Platform Services. It is the User’s sole responsibility to review these T&C periodically for updates/changes.

  3. The User agrees 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. The User agrees that in the event the User’s post, User Content, registration data or information violates any provision of this T&C, We shall have the right to refuse to provide the User or any person acting on his/her/its behalf access to the Platform and Platform Services, terminate and/ or suspend the User’s 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.

  8. When you visit the Portal, you communicate with us electronically. You will be required to provide a valid phone number to us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website.

THE USER HAS READ THESE TERMS OF USE AND AGREES ALL OF THE PROVISIONS CONTAINED ABOVE.

Terms & Conditions