Terms of Use

Please read these Terms of Use carefully.

These are the general terms of usage governing your access and use of this mobile application software ("EMAAR India App")

ACCEPTANCE OF THE TERMS OF USE

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:

  1. Making all arrangements necessary for you to have access to the App.
  2. Ensuring that all persons who access the App via your mobile and/or computer and other similar channels are aware of these Terms of Use and comply with them.
  3. To access the App or some of the resources it offers including, without limitation, payment using credit cards or other forms of electronic payment, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information, including, without limitation, credit card information or information pertaining to other forms of electronic payments, you provide on the App is correct, current and complete.
  4. You agree that all information you provide to register with this App or otherwise, including but not limited to through the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
  5. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared mobile / computer or other similar channels so that others are not able to view or record your password or other personal information. You may only have one account with this App. If you received more than one username, password or activation code, please notify us immediately. Your use of more than one account will represent a breach of these Terms of Use.
  6. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

(3) INTELLECTUAL PROPERTY RIGHTS

  1. The App and its content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the applicable India laws including but not limited to international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  2. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App.
  3. You must not, inter alia,:
    • Modify copies of any materials from this App.
    • Republish any part of the App on another App, in any other medium (print, electronic or otherwise) or as part of any commercial service.
    • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
    • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
    • No right, title or interest in or to the App or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

(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

  1. You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App, inter alia:
    • In any way that violates any applicable local or international law or regulation, including, without limitation, any form of misuse of credit cards or other forms of electronic payments.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without
    • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
    • limitation, by using e-mail addresses or screen names associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
  2. Additionally, you agree not to:
    • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real-time activities through the App.
    • Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
    • Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the App.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.
    • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the App.

(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

  1. All purchases through our App or other transactions for the sale of services formed through the App or as a result of visits made by you are governed by these Terms of Use and any other relevant agreement(s) entered into by the Company and you.
  2. Additional terms and conditions may also apply to specific portions, services or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
  3. Any and all payments made through this App are subject to these Terms of Use and any other relevant agreements. Consequently, the Company is under no obligation to accept any payments not made in accordance with these Terms of Use or any other relevant agreements or made following termination of any of them and you hereby acknowledge and accept that any receipt of payment through this App or otherwise shall not be deemed or construed as an acceptance of such payment or waiver of right to reject payment at a later date.
  4. Description of Goods and Services: The App can be used for payment of service fees, utilities, and any other charges payable by you for management of the community, compliance with community rules or required by law and in compliance with the relevant agreement(s) entered into between the Company and you
  5. Currency for all transactions is INR unless stated otherwise. It is your responsibility to ensure that payment is correctly and timely received by the Company.
  6. Accordingly, we accept no liability whatsoever in this respect, and we are under no obligation to notify you of any incorrect, rejected and / or declined payments. You shall also ensure that sufficient credit is available and in the event of a "declined" credit card payment, it is your responsibility to pay any additional fees and / or charges levied by either a nominated financial institution or the Company and you shall remain responsible to pay any due amounts. Without prejudice to the foregoing, you shall notify us immediately in the event of any failed transaction or if you face or encounter any technical problems associated with the App or its use.
  7. If any transaction is found to be incorrect, unauthorized or fraudulent, payment may be reversed, and payments shall remain due. Payment transactions will be procesed on the day the transaction is submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed the next working weekday. All transactions will be processed without delay, however the Company expressly disclaims any and all liability for processing delays, which may occur in any circumstance. Payment is not accepted (not deemed made) until the funds have been cleared.
  8. Refunds of any payments (if any) made through the App are subject to the terms and conditions of any other agreement(s) entered into between the Company and you.
  9. Any duplicate or excess payments received will be adjusted against future/subsequent invoices.
  10. It is your responsibility to maintain a document evidencing payment through the App.
  11. Any service or maintenance requests made through this App shall be subject to the Terms of Use, Privacy Policy and any other agreement(s) entered into between the Company and you.

(10) LINKING TO THE APP AND SOCIAL MEDIA FEATURES

  1. You may link to any page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. This App may provide certain social media features that enable you to:
    • Link from your own or certain third-party Apps to certain content on this App.
    • Send e-mails or other communications with certain content, or links to certain content, on this App.
    • Cause limited portions of content on this App to be displayed or appear to be displayed on your own or certain third-party Apps.
  2. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
    • Establish a link from any App that is not owned by you.
    • Otherwise take any action with respect to the materials on this App that is inconsistent with any other provision of these Terms of Use.
    • You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
    • We may disable all or any social media features and any links at any time without notice in our discretion.

(11) LINKS FROM THE APP

  1. If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only.
  2. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps. Any usage of information by the third-party shall be governed by the applicable clauses of the Privacy Policy.

(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.