A. SCOPE OF AGREEMENT
1. Limitation of
Liability
The Company, its
group companies, and entities disclaim liability for any loss or damages
resulting from:
- Use of or
reliance on website/brochure information
- Any
contradictions between website/brochure information and final agreements (which
shall prevail)
Users access and
use the website/brochure at their own risk.
2. Disclaimer of
Offer
Information on
this website/in this brochure does not constitute a legal offer or contract between
the Company/promoter and visitors.
3. Intellectual
Property Rights
The Company
owns, or has been permitted to use, the names, marks, copyrights, and artistic
styles represented on this website/brochure.
4. Copyright and
Reproduction
This website/brochure
contains copyrighted and licensed material, protected by intellectual property
laws. Reproduction is strictly prohibited without prior written permission. The
Company reserves the right to modify website/brochure content without notice.
5. Information
Submission and Consent
By submitting
information through the website or email, visitors warrant that the information
is true, accurate, current, and complete. Providing a mobile number implies
consent to receive alerts, promotional SMS, and contact from the Company.
6. Website
Security and Liability
The Company
strives to maintain a virus-free website but does not guarantee it. Visitors
acknowledge that the website and emails may be vulnerable to:
- Data
corruption
- Interception
- Tampering
- Viruses
- Delivery
errors
The Company is
not liable for any consequences arising from these vulnerabilities.
7.
Website/Brochure Content
The designs,
plans, specifications, facilities, images, features, etc. shown on this
website/in this brochure are indicative and subject to approval by relevant
authorities. We/the promoter reserve the right to modify these without notice.
8. Liability
Disclaimer
The Company, its
employees, managers, or representatives shall not be liable for damages or
economic losses arising from the use of the website/brochure.
9. Third-Party
Links
The website may
contain links to external websites beyond the Company's control. The Company is
not responsible or liable for these links or their content.
10. Changes to
Specifications
We/the promoter reserve
the right to modify, add, or delete specifications without prior notice,
subject to applicable laws.
11. Official
Website and Authorized Representatives
Please note that
[website URL] is the only official website of [Company Name]. The public is advised
not to rely on unauthorized websites using our logos, project details, or brand
name. If you encounter such websites, please report them to [contact
email/phone number].
Additionally,
ensure you only deal with our officially registered RERA real estate agents.
OTHER SCOPE OF AGREEMENT
1. Information
Accuracy
The Company, as
a service provider, relies on project information provided by
builders/developers through various authentic sources, including:
- Written
documents
-
Representatives and responsible persons
- Advertisements
in print and electronic media
This information
is used to facilitate the Company's services. The Company is not responsible
for any inaccuracies.
2. Updates and
Developments
Clients are
advised to regularly visit the Company's website and/or builders'/developers'
websites for updates.
3. Cancellation
Policy
If a client
wishes to cancel a booked unit/property, they must pay a nominal administrative
fee to the Company for issuing a No Objection Certificate (NOC). This fee
varies by project, developer, and other relevant factors. The Company will only
issue the NOC after receiving the administrative fee.
4. Transfer of
Ownership
Clients must
notify the Company if they transfer ownership or create third-party interest in
a property.
5. Credit Notes
The credit note
issued by the Company is non-transferable. If the client sells, transfers, or
creates a third-party interest in the property, they must notify the Company
within seven days.
Key Conditions:
- The Company's
liability under the credit note is only towards the original client.
- The Company
will only disburse credit note amounts to the original recipient.
- The Company
reserves the right to deduct TDS as per applicable laws.
- If the client
includes the credit note in the unit's cost during a transfer, the Company will
not be party to the transaction or responsible for releasing payment to the
third party.
6. Limitation of
Liability
The Company, as a service provider, is not
responsible for:
- Delays
- Cost increases
- Layout changes
- Changes in builder/developer policies
- Changes in government policies
- Judicial/administrative orders
- Variations between commitments and
deliverables
7. Role of the
Company
As a service provider, the Company:
- Is not part of the builder/developer's
business
- Is not involved in decision-making or
obtaining statutory approvals
- Is not liable for any misrepresentations
made by the builder/developer
8. Credit Note
Disbursement
The Company's
obligation to disburse a credit note is contingent upon receiving the
commission from the developer. If the Company does not receive the commission:
- It will not be
liable to disburse the credit note.
- It will only
disburse the credit note after receiving the commission and fulfilling other
conditions mentioned.
- If the Company
receives partial commission, it will release a proportionate amount to the
client.
The Company
reserves the right to withhold credit note disbursement if payment from the
developer is not received.
9. Interest on
Overdue Payments
The Company is
not responsible for interest on overdue payments.
10. Accuracy of
Information
The client is
responsible for verifying the accuracy of information in email conversations
with the Company. If the client fails to correct any errors or inaccuracies,
the Company will assume the information is accurate. The Company will not be
liable for any losses resulting from erroneous information or consequences
arising from it. Clients must notify the Company immediately of any
inaccuracies.
11. Verbal
Commitments
The Company is
not responsible for:
- Verbal
commitments made by employees
- Written
communications not on Company letterhead or not made by authorized personnel
- Commitments
made by former employees
- Commitments
made by existing employees using personal email IDs
Only written
communications on Company letterhead, made by authorized personnel, are
considered binding commitments.
12. Use of Data
The Company may
use client data for advertising and promotional purposes.
13. Website
Maintenance
The Company
reserves the right to temporarily suspend website functionality for maintenance
or other reasons. During such suspension, any information accessed by clients
may not be up-to-date, and the Company will not be bound by it.
14. Customer
Support
For any queries,
clarifications, or grievances, clients can contact our Customer Care
Department:
Phone:
9711454999
Email:
customercare@investorsclinic.in15. Builder/Developer Rules
Clients are
bound by the rules and guidelines laid down by builders/developers.
16. Payment
Terms
The Company does
not accept cash payments. Payments must be made by:
- Duly signed
Cheque
- Demand Drafts
- Banker's
Cheque
Payments should
be made in favor of the concerned Developer for the specific project, and only
after completing the booking form issued by the Developer.
17. Cancellation
Due to Incomplete Documents
The Company is
not responsible for cancellations due to:
- Incomplete or
invalid booking documents
- Non-sanction
or delayed loan approvals from financial institutions
18. Email
Communication
Failure to
receive an email does not:
- Excuse
non-performance of obligations
- Justify
ignorance of policies or information contained in the email.
19. Jurisdiction
Any disputes
arising from the use of the website shall be:
- Governed by
the laws of India
- Subject to the
exclusive jurisdiction of the courts in Noida.
B. COLLECTION OF PERSONAL AND OTHER INFORMATION
1. Personal
Information Collection
The User agrees
that the Company collects and stores personal information provided on the
Website, including:
- User name
- Passwords
- Email address
- Name
- Address
- Age
- Date of birth
- Sex
- Nationality
- Shopping
preferences
- Browsing
history
- Uploaded
images or information
This information
helps the Company provide targeted services, customize the Website, and enhance
user experience.
2. Automatic
Information Collection
The Company may
automatically track:
- IP address
- User behavior
on the Website
This information
helps the Company understand user demographics, interests, and behavior to
better cater to their needs. Tracked information may include:
- Previous and
subsequent URLs visited
- Computer and
web browser information
- IP address
3. Purchase
Information Collection
If the User
purchases products/services, they consent to the Company collecting information
about their buying behavior and trends.
4.
User-Generated Content
If you post
messages, reviews, or feedback on the Website, you acknowledge that the Company
will collect and store this information indefinitely. This retained information
may be used to:
- Resolve
disputes
- Provide
customer support
- Troubleshoot
problems
The Company may
also disclose this information to judicial or governmental authorities, or use
it as permitted by applicable laws.
5. Collection of
User Information
You acknowledge
that the Company may collect and compile information about you from various
sources, including:
- Personal
correspondence (e.g., emails, letters)
- Feedback from
other users or third parties
This information
may be stored in a file/folder specifically created for you, and you hereby
consent to this.
6. Registration
and Contact Information
While browsing
some sections of the Website doesn't require registration, certain activities
(like placing an order) do. You acknowledge that the Company may use your
contact information to send offers and promotions, and you consent to receiving
these communications.
7. Optional
Online Surveys
The
Company/Website may occasionally invite you to participate in online surveys.
These surveys may request contact and demographic information (e.g., zip code,
age, income bracket, sex). This data helps customize the Website, provide
relevant products/services/content, and display content according to your
preferences.
8.
Product/Service Reviews
The Company/Website
may request you to write reviews for purchased/availed products/services and
sellers on the Website. Your reviews help other users make informed purchases
and enable the Company/Website to remove unsatisfactory sellers. You authorize
the Company/Website to publish your reviews, along with your name and contact
details, for the benefit of other users.
9. Content
Submission and Removal
You acknowledge
that submitting content/reviews/surveys/feedback does not obligate the
Company/Website to store, upload, publish, or display it. The Company/Website
reserves the right to remove any submitted content without cause or
notification.
C. COOKIES
a) The User
acknowledges that cookies are small data files stored on a web browser,
enabling the browser to recall user-specific information, such as login
credentials. The User consents to the Website placing permanent and temporary
cookies on their device.
b) The Website
utilizes cookies and data collection devices to:
- Analyze web
page flow
- Measure promotional
effectiveness
- Promote trust
and safety
Certain Website
features require cookies. While Users may decline cookies through their browser
settings, this may limit access to specific features on the Website.
D. DISCLOSURE OF PERSONAL INFORMATION
The User
acknowledges and agrees that the Website/Company may:
a) Share
personal information with affiliates and corporate entities to:
- Prevent
identity theft, fraud, and illegal acts
- Correlate
accounts to prevent abuse
- Facilitate
joint services
b) Disclose
personal information if:
- Required by
law
- Believed
necessary to respond to subpoenas, court orders, or legal processes
- Necessary to
enforce Terms or Policy
- Necessary to
protect rights, property, or safety of users or the public
c) Share or sell
personal information with business entities in the event of:
- Merger or
acquisition
-
Re-organization, amalgamation, or restructuring
The receiving
entity will be bound by the Terms and Policy.
E. USER CONSENT
By using the
Website and/or providing information to the Company, you explicitly consent to:
- The collection
and use of your disclosed information, as outlined in this Policy.
- The Company
sharing or divulging your information, in accordance with our Privacy Policy
F. ADVERTISING PARTNERSHIPS
We partner with
other companies to display ads on our Website and Mobile App. These ad server
companies may collect information such as:
- Domain type
- IP address
- Clickstream
information
This helps us
provide you with relevant offers and advertisements.
G. INTELLECTUAL PROPERTY RIGHTS
All content on
our Services, including:
- Text
- Graphics
- Logos
- Images
- Software
is owned by the
Company and its content suppliers, and protected by copyright laws.
H. SUSPENSION OR TERMINATION OF USER ACCESS
The Company
reserves the right to:
- Limit or
suspend User access
- Remove access
credentials
- Terminate
membership
without notice
or cause, if:
- User breaches
these Terms or the Policy
- User provides
inaccurate or incomplete information
- User's actions
may harm other users or the Website/Company
I. THIRD-PARTY WEBSITES
1. External
Links: The Company is not responsible for the content or policies of linked
websites.
J. INDEMNIFICATION AND LIMITATION OF LIABILITY
1. User
Indemnity: Users agree to indemnify the Company against losses, liabilities,
and claims.
2. Limitation of
Liability: The Company shall not be liable for special, incidental, or
consequential damages.
K. ENTIRE AGREEMENT
1. Complete
Agreement: These Terms and Conditions, read with the Privacy Policy, form the
complete agreement between the user and the Company.
L. WAIVER
1. Waiver of
Rights: Failure to enforce any provision shall not constitute a waiver of
rights.
M. SEVERABILITY
1. Severability
of Provisions: If any provision is held invalid, the remaining provisions shall
remain enforceable.
I. THIRD-PARTY WEBSITES
Our website/
mobile app may contain external links. We are not liable for any misuse of
information by controllers of linked websites. We also disclaim responsibility
for content on websites using our search functionality. Please read the privacy
statements of these websites, as they may differ from ours.
J. INDEMNIFICATION AND LIMITATION OF LIABILITY
Each User agrees
to indemnify and hold harmless the Company, its affiliates, officers, directors,
consultants, agents, and employees against any losses, liabilities, claims,
damages, demands, costs, and expenses arising from:
- Breach or
non-performance of any representation, warranty, covenant, or agreement
- Use of the
website or services
- Violation of
the General Terms of Use
- Violation of
any rights of another, including intellectual property rights
The Company
shall not be liable for special, incidental, indirect, consequential, or
punitive damages arising from:
- Use of or
access to the website, services, or materials
- Services
provided by registered service providers
These
limitations and exclusions apply to the maximum extent permitted by applicable
laws.
K. ENTIRE AGREEMENT
These Terms,
along with the Policy, constitute the entire agreement between the User and the
Company regarding the subject matter. They supersede all prior communications,
representations, and agreements.
L. WAIVER
If either Party
fails to enforce any provision of these Terms, it does not waive their right to
enforce it later. Any waiver of a breach does not constitute a waiver of future
breaches.
M. SEVERABILITY
If any provision
of these Terms is deemed invalid, illegal, or unenforceable, the remaining
provisions remain valid and enforceable. The invalid provision will be revised
to the minimum extent necessary to correct the issue while preserving the
original intent and commercial expectations of the Parties.
N. DISCLAIMER
Investors Clinic
Infratech Private Limited ("the Company") provides information on
real estate projects solely for informational purposes. This information is
gathered from public sources, project marketing materials, internet sources,
and other means, but not directly from developers.
1. The
information displayed is not an offer for sale or advertisement by Investors
Clinic or the builder/developer.
2. While we
strive to provide accurate and updated information, there's a possibility it
may not be complete or current.
3. Clients must
verify all information and details directly with the builder/developer and make
independent assessments before booking a property.
4. The Company
disclaims any liability for claims or damages arising from the use of this
information.
5. Project
pictures/photos are artist's impressions and may not reflect the actual properties.
6. For complete
and accurate information, please visit the RERA website of the respective state
where the project is located.
Investors Clinic
shall not be responsible or liable for any inaccuracies or consequences arising
from the use of this information.
