Terms Conditions

DEFINITIONS

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Prudent Properties (whether on a paid or free basis), and to whom the access to Prudent Properties is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Prudent Properties or chosen by the Subscriber or agreed upon by Prudent Properties. It is made abundantly clear that only the authorised User has the right to access the Services so offered by Prudent Properties.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Prudent Properties, without the need or a requirement to create an account i.e. visits non-restricted portions of Prudent Properties.

The terms 'User' and 'Customer' would include both the Subscriber/advertiser(s) and Browser/Visitor(s)

The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Prudent Properties on the internet through which the user may access information carried by Prudent Properties in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria.

The term RERA shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder.

---

SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to Prudent Properties unless the User submitting such a Listing/Advertisement has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on Prudent Properties. Similarly, Prudent Properties doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by Prudent Properties & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. In case a User is covered under the RERA, it shall have to ensure adherence of all compliance necessary, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information as required by law and in respect of their registrations under RERA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, PRUDENT may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. PRUDENT may, at its sole discretion but without any obligation to, search for and remove properties that are alleged to have been submitted in violation of this provision. In addition, PRUDENT may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. PRUDENT will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the Prudent Properties website. PRUDENT shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Prudent Properties and PRUDENT shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees

(a) to represent and warrant that all Properties and associated information provided by the User will be accurate;

(b) that the User will not permit the posting of a property on Prudent Properties under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;

PRUDENT shall place the information relating to properties at defined sections of Prudent Properties or such other mirror or parallel site(s). PRUDENT reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's website or on Prudent Properties without notice. PRUDENT accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While PRUDENT shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Prudent Properties.

Users, who are buying/renting property/properties through Prudent Properties, must verify details of the property/properties as well as its right, title, ownership, lien etc. on their own.

---

USE OF INFORMATION

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Prudent Properties. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Prudent Properties. Prudent Properties does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

---

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trade marks and Service marks ("Marks") appearing in Prudent Properties are the properties either owned or used under license by PRUDENT and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with PRUDENT / its associates. The access to Prudent Properties does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

By allowing Users to access Prudent Properties, PRUDENT grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

---

RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:

( a ) Utilise the Services offered by Prudent Properties in any manner so as to impair the interests and functioning of PRUDENT/Prudent Properties and which is non-compliant with laws and regulations including RERA.

( b ) Access data not intended for you or log into server or account that you are not authorized to access;

( c ) Attempt to probe, scan or test the vulnerability of a system or network;

( d ) Attempt or breach security or authentication measures without proper authorization;

( e ) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Prudent Properties, overloading, Flooding, mail bombing or crashing;

( f ) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Prudent Properties except as permitted;

( g ) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Prudent Properties to any other system. No reproduction of any part of Prudent Properties may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Prudent Properties, whether in hard copy or electronic format, including postings to any other Prudent Properties; or

( i ) The user shall not utilise the Services offered by Prudent Properties in any manner so as to impair the interests and functioning of PRUDENT/Prudent Properties. The user undertakes not to duplicate, download publish, modify and distribute material on Prudent Properties.in unless specifically authorised by PRUDENT in this regard. PRUDENT strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.

( j ) users undertake that the Services offered by Prudent Properties shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. PRUDENT is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by PRUDENT to relay emails. All attempts shall be made by PRUDENT and the user to abide by International Best Practices in containing and eliminating Spam.

The User / subscriber / visitor to Prudent Properties or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:

• belongs to another person and to which the user does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Violations of system or network security may result in civil or criminal liability.

---

DISCLAIMER AND WARRANTIES

THE CONTENT OF Prudent Properties IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRUDENT AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Prudent Properties. Views expressed by the Users are their own, PRUDENT does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. PRUDENT does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected. PRUDENT offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to PRUDENT/Prudent Properties are solely for the purposes of display of the property advertised. Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. PRUDENT 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. No information contained herein shall constitute an invitation or an offer to invest in PRUDENT or any of its Affiliates. Further, nothing contained in Prudent Properties should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and PRUDENT makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Prudent Properties is controlled and operated from India and PRUDENT makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Prudent Properties from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties. PRUDENT offers products, Services, content and various other functionalities through Prudent Properties and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. PRUDENT does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Prudent Properties may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that PRUDENT intends to announce, launch or provide such products, programs or Services in your country.

---

CONFIDENTIALITY

• For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project/property or to a party (the "Disclosing Party" herein the Company ) or any other members of the Disclosing Party's group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the " Receiving Party ", herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
• The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except upon prior permission in writing from the Disclosing Party.
• On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
• All information and data submitted by the User shall become the property of the Company. However, all such information shall be kept strictly confidential and the Company shall not release any such data and information to any third party without the prior consent of the User.
• All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
• PRUDENT does not routinely monitor your postings to the web site but reserves the right to do so. However, if PRUDENT becomes aware of an inappropriate use of Prudent Properties or any of its Services, PRUDENT will respond in any way that, in its sole discretion, PRUDENT deems appropriate. You acknowledge that PRUDENT will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, PRUDENT will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

---

LIMITATION OF LIABILITY

PRUDENT will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Prudent Properties, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

PRUDENT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User's data/information. PRUDENT shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of PRUDENT (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon PRUDENT.

---

TERMINATION

PRUDENT may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Prudent Properties (or any part thereof) for any reason, including, without limitation, that PRUDENT based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

---

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on Prudent Properties may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, PRUDENT and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Prudent Properties material or your breach of these terms and conditions or any applicable law.

PRUDENT will not be party to any legal proceedings between parties contracted through these Services. In case PRUDENT is sought to implicated in any legal proceedings, costs will be recovered from the party that names PRUDENT as a party to such proceedings. PRUDENT shall abide with any court order served on it through due process.

---

ARBITRATION

If any dispute arises between a user/users and PRUDENT arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by PRUDENT. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Ahmedabad. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

---

SEVERABILITY OF PROVISIONS

THIS AGREEMENT between you and PRUDENT governs your use of Prudent Properties. If any provision of these Prudent Properties terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

---

WAIVER

The failure of PRUDENT to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

---

GOVERNING LAW

By accessing Prudent Properties, you agree that the laws prevailing in India shall be the governing laws in all matters relating to Prudent Properties as well as these terms and conditions.

---

JURISDICTION

Courts at Ahmedabad, India alone shall have the exclusive jurisdiction in all matters relating to Prudent Properties and these terms and conditions, irrespective of the territory and jurisdiction of your access to Prudent Properties.