The Terms of Use ("T&Cs") apply to the online interfaces of ANAROCK Group Business Services Pvt. Ltd. developing the EMAAR India App ("EMAAR India App", "us", "we" or "our") including [•], the mobile site/applications for iOS and Android (collectively referred to as "Site"). It is further clarified that ANAROCK has developed the EMAAR India App using ANAROCK’s product with the underlying source code software, which has been developed as a white labelled app. The Terms of Use must be read with the Privacy Policy of EMAAR India App.
This App is owned by ANAROCK and operated by EMAAR India Limited (Which term includes all subsidiaries of EMAAR India Limited) (“EMAAR” ", Company", "we" or "us"). The following terms and conditions, and other services provided by the Company or any agreement entered into yourself and the Company, including but not limited to property management, visitor management, services offered in collaboration with Residents Welfare Association (RWA), smart access controls, payment of maintenance charges, Emaar Community Services, payment services, identity verification, (“Property Agreement”) entered into with the Company or any of its affiliates pertaining to any lease, including but not limited to a commercial lease, unit or plot in an EMAAR project in respect of which this App is used together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the App, including any content, functionality and services offered on or through the App whether as a guest or a registered user.
EMAAR India App's services are offered in collaboration with the services offered by the RWA of the premises being serviced. The respective RWAs are our partners and customers. As such, information which is subject to the Privacy Policy may be provided directly by the RWA on behalf of its residents or may be collected via the direct consent of the residents or other users who may choose to interact with the App.
Please read the Terms of Use carefully before you start to use the App. By using the App or, where applicable, by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy of the App and/or that available on our website, incorporated herein by reference. The use of the App is an express consent by you that you agree to the Terms of Use and the Privacy Policy.
1. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately and apply to all access to and use of the App thereafter. Your continued use of the App following the revised Terms of Use means that you accept and agree to the changes.
2. ACCESSING THE APP AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the App, and any
service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to any user, including registered users.
(1) You are responsible for:
(3) INTELLECTUAL PROPERTY RIGHTS
(4) TRADEMARKS
The Company’s names, brand names, the Company’s logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.
(4) PROHIBITED USES
(5) DATA RETENTION AND HANDLING
The Company may retain the information as long as it is required for its discharge of its obligations towards you and/or as may be required under law, as per Clause VII of the Privacy Policy. Further, the data and information shall be handled in accordance with Clause VIII of the Privacy Policy.
(6) RELIANCE ON INFORMATION POSTED
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents. EMAAR reserves the absolute right, without any liability whatsoever, to amend vary or extend at any time the completion date of its projects inter alia the estimated/scheduled completion date(s) mentioned on or through the App.
(7) UPDATE OF THE APP
We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
(8) INFORMATION ABOUT YOU AND YOUR USE OF THE APP
All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
(9) ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
(10) LINKING TO THE APP AND SOCIAL MEDIA FEATURES
(11) LINKS FROM THE APP
(12) GEOGRAPHIC RESTRICTIONS
We make no claims that the App or any of its content is accessible or appropriate outside of the Republic of India. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the Republic of India, you do so on your own initiative and are responsible for compliance with local laws.
(13) DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that the App will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT. YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(14) LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(15) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App and, any use of the App 's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the App.
(16) GOVERNING LAW AND JURISDICTION
All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Republic of India. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the courts of Gurugram, Haryana, India. Although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your place or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(17) LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(18) WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
(19) ENTIRE AGREEMENT
The Terms of Use, our Privacy Policy and any other relevant agreements entered into between yourself, and the Company constitute the sole and entire agreement between you and the Company with respect to the use of the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the use of the App.
(20) YOUR COMMENTS AND CONCERNS
In respect of requests for technical support and other communications relating to the App, you can contact us by emailing us at [•]. For feedback or suggestions, please contact us through [•] on the App. You understand and accept that by using this App in updating, changing or altering your personal information, address(es) or contact details, you are accepting that the Company or any of its affiliates may, at their discretion, use such information as an alternative information to send legal notices under these Terms of Use and/or the relevant agreement(s) entered into between the Company and you. It is your obligation to immediately inform the Company of any changes to such information.
