TERMS AND CONDITIONS
The following are the terms and conditions which need to be adhered to by all the Users using the Services offered by Plabro Networks Private Limited. This statement is an electronic document and is deemed to be accepted by the User as soon as he/she downloads the Mobile application or any other software provided by Plabro. As this is an electronic document, this does not need any physical or digital signature. These terms are in accordance with the Information Technology Act,
The Information Technology (Intermediaries Guidelines) Rules, 2011 and all other relevant laws of India.
By installing/using the Services as hereinafter defined, the User is bound by the following Terms & Conditions:
1. Parties to the Agreement:
This agreement is executed between
a. Plabro Networks Private Limited, (hereinafter referred to as Plabro), a company incorporated in India under the Companies Act, 2013, having its registered office at Office 436a, Tower B3, Spaze IT Park, Sector 49, Gurgaon 122018, who is the owner of the website www.Plabro.com, the Plabro mobile application software and other software provided to the user by Plabro (hereinafter called as Services, and would refer to the Services, both jointly and severally); and
b. The User of the Services
2. Date of Agreement:
This agreement is deemed to be entered on the day when The User first downloads the mobile application or starts using the services, whichever is earlier. Any subsequent change is deemed to be entered on the date on which the User uses the Services after such amendment of these Terms & Conditions.
3. Definition and Interpretation:
The downloading and any kind of use of the Services shall be the acceptance of these terms and conditions on the User’s part. Once a valid acceptance is made User are bound by these terms and conditions and all the relevant laws governing the conduct of business between Plabro and the user.
The Act means the Information Technology Act, 2000 as amended from time to time.
c. Authorized User:
The term Authorized User shall mean and include any person, whether a natural person or any legal entity who has been subscribed to the Services of Plabro, and who had downloaded the Services of Plabro after invitation and due verification by Plabro. It is made abundantly clear that only the authorized user has the right to access the Services so offered by Plabro.
d. Communication Link:
A connection between a hypertext or graphical element (button, drawing, image) and one or more such items in the same or different electronic document wherein on clicking on a hyperlinked item, the User is automatically transferred to the other end of the hyperlink which could be another document or another website or graphical element.
e. Computer Resource:
Computer resource means computer, computer system, computer network, data, computer data base or software
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork etc posted on the Services.
g. Cyber Security Incident:
Any real or suspected adverse event in relation to cyber security that violates an explicitly or implicitly applicable security policy resulting in unauthorized access, denial or service or disruption, unauthorized use of computer resource for processing or storage of information or changes to data, information without authorization.
Data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer
Information includes data, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche
j. Intellectual Property Policy:
Intellectual Property Policy means the policy incorporated and adopted by Plabro to protect and safeguard the Intellectual Property of Plabro and any other party who may claim infringement of its Intellectual Property Rights and is available at our website www.plabro.com.
Intermediary shall have the same meaning as assigned to the term as per Section 2(1) (w) of the Act. For the purpose of these terms and condition it is made clear that Plabro is the intermediary for the Services provided to the Authorized User in connection to any information transmitted by the Authorized User and has all the rights and privileges assigned to the Intermediary under the Act.
All logos, brands, trademarks and service marks etc appearing on the Services
Plabro Networks Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at Office 436a, Tower B3, Spaze IT Park, Sector 49, Gurgaon - 122018 is referred hereinafter as Plabro and shall include the Company, its subsidiaries, sister concerns and/or assignees, if any.
Rules mean The Information Technology (Intermediaries Guidelines) Rules, 2011, as amended from time to time.
Services means and include the Plabro website, the Plabro Software, the Plabro Mobile Application and any other software provided by Plabro to the Authorized User. The term Services may refer to each of the above jointly or severally.
User means any person who access or avail any Computer Resource of Intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Computer Resource of an Intermediary.
User shall include the authorized user as well as any person who uses the Services without authorization/verification from Plabro. It is made clear that all the users shall be bound by these terms and conditions but, an unauthorized user shall have no rights/privileges under this agreement or otherwise against Plabro.
4. Membership Eligibility:
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Services. Also, the membership of the Services is on an invitation basis and the User is not authorized to use the Services unless the User has been invited by Plabro and/or use of the Services has been authorized by Plabro.
5. Term of the Agreement & Termination:
The term of the Agreement starts on the day when the User first download the Application and will continue till the time the User uses the Services or when the Agreement is specifically terminated by Plabro in respect of a User for any violation of these Terms and Conditions or any law in force for the time being.
The User may terminate this agreement by removing the application from and stopping the use of the Services.
Plabro may terminate this Agreement in respect of the User by:
a. At any time without providing any reasons whatsoever;
b. If in the opinion of Plabro, the User has violated any of the Terms of this agreement or any policies framed by Plabro for the access of the Services;
c. If in the opinion of Plabro or any Governmental Authority it is not in Public interest to provide the Services to a particular User;
d. If the User looses any of the relevant license/permission to carry the business of property dealing;
e. If the User is declared as a bankrupt.
When the User uses the Services or send emails or other data, information or communication to Plabro, the User agree and understand that the User is communicating with Plabro through electronic records and the User consents to receive communications via electronic records from Plabro periodically and as and when required. Plabro may communicate with the User by email/SMS or by such other mode of communication, electronic or otherwise which may include any updates to the
User’s request, post, content etc and may also include about certain added Services and schemes which Plabro or its associates may offer from time to time.
7. Platform for Transaction and Communication:
The User understands that the Services offered are in the nature of a platform being provided by Plabro to meet and interact with one another to complete any transactions as per their needs. Plabro is not and cannot be a party to or control in any manner any transaction between the Users. Any transactions being entered between the Users is at their sole discretion which would constitute an independent contract between such users or their clients and Plabro has no control or
involvement in such contracts.
a. All commercial/contractual terms are offered by and agreed to between the Users and or their Clients alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date of execution, date of transfer, warranties related to products and services and any other ancillary services. Plabro does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms
between the Users and or their clients.
b. Plabro does not make any representation or Warranty as to specifics (such as merchantability, title, any pending disputes etc) of the listings proposed to be transacted through the use of the Services. Plabro does not implicitly or explicitly support or endorse the sale or purchase or any transaction of any listings on the Services. Plabro accepts no liability for any errors or omissions, whether on behalf of itself, other Users or third parties.
c. Plabro is not responsible for any non-performance or breach of any contract entered into between the Users or their Clients. Plabro shall not and is not required to mediate or resolve any dispute or disagreement arising between the Users of the Services.
d. Plabro does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. The User is advised to independently verify the bona fides of any particular User chosen to deal with on the Services with independent Legal, Financial, Real Estate Advisor as the need may be.
e. At no time shall Plabro hold any right, title or interest over the property listed on the Services nor shall Plabro have any obligations or liabilities in respect of such contract entered into between the Users or their Clients.
f. The Services offered are only a platform that can be utilized by the Users to reach a larger base to buy and sell or otherwise transact in properties in specified areas. Plabro is only providing a platform for communication and it is agreed that the contract for sale/rent/lease etc of any of the properties so listed shall be a strictly bipartite contract between the parties making any transaction.
g. The User shall independently agree upon the manner and terms and conditions of the transactions with the counter party that the User transacts with.
Membership and posting User’s inventory/requirements on the Services is free for the Users. Plabro does not charge any fee for posting any requirements on the Services.
However, Plabro reserves the right to change its Fee Policy from time to time. In particular, Plabro may at its sole discretion introduce new services and modify some or all of the existing services offered on the Services. In such an event Plabro reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Plabro.
9. Use of the Services:
The User agrees, undertakes and confirms that the Use of the Services by the User shall strictly comply with these Terms and Conditions, applicable laws of the Country and specifically undertake to the following:
1. The User shall not host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which the user does not have any right to
b. 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
c. harms minors in anyway
d. infringes any patent, trademark, copyright or other proprietary rights
e. violates any law for the time being in force
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
g. impersonate another person
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
j. is grossly offensive or has menacing character
k. the User knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently
l. for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such massage
m. is misleading in any way
n. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
o. harasses or advocates harassment of another person
p. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
q. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
r. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
s. promotes an illegal or unauthorized copy of another person's copyrighted work
t. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
u. contains video, photographs, or images of another person (with a minor or an adult)
v. solicits gambling or engages in any gambling activity which Plabro, in its sole discretion, believes is or could be construed as being illegal
w. interferes with another USER's use and enjoyment of the Services or any other individual's User and enjoyment of similar services
y. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
2. The User agrees and undertakes that he/she will use the Services only for his personal or professional use of property dealing and will not resell or charge any other person for the use of the Services.
3. The User shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.
4. The User shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Services or any Computer Resource connected to the Services. The User may not reverse look-up, trace or seek to trace any information on any other User of the Services, including any account on the Services not owned by the User, to its source, or exploit the Services or information made available or offered by
or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User’s own information, as provided for the access to the Services.
5. The User agrees and undertakes not to launch any “robots”, “spiders”, “page scrape”, “deep link”, “load testers”, “offline readers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process which accesses the Service in a manner that sends more request messages to the Plabro Computer Resources in a given period of time than a human can reasonably produce in the same period by using a Plabro application.
7. The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Plabro or the brand name or domain name used by Plabro, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Plabro or other Users of the Services. The User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Plabro's systems or networks, or any systems or networks
connected to Plabro.
8. The User shall at all times ensure full compliance with the applicable provisions of the Act and rules made there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding the User’s use of the Service and the User’s listing, transactions, solicitation of offers for transaction, and sale, purchase, lease etc.
9. The User agrees and warrants that for each and every information/listing on the Services, the User has the relevant rights subsiding in him or the User has obtained the relevant license from such rights owner for the posting of the said material on the Services.
10. The User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Plabro unless the User has acquired and 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 the Services. The User shall disclose all material information in respect of 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. Plabro 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.
11. The User may be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Plabro may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of these provisions. In addition, Plabro may require additional evidence of compliance with this provision from Customers who are allege to have submitted Properties or other information/data in violation of this Agreement.
12. 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 other users. Plabro shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used in the Services and Plabro shall have the right to modify the property listing in the exercise of its rights under this Agreement.
14. The User agrees not to harvest personally identifiable information including but not limited to names, organization names, phone numbers etc. available on the Services. The User further agrees and undertakes that the User shall not engage in advertising, soliciting, spamming or any other modes of commercial communication either on the Services or from any Data collected from the Services, whether in relation to the postings on the Services or otherwise. In order to protect the Users from any such activities, Plabro reserves the right to restrict the number of messages, postings, emails or any other communication through the Services by all the Users or any specific User for any 24 hour period.
15. The User agrees that for the use of the Services the User will have to provide his/her mobile number to Plabro. The User further agrees and expressly acknowledges that by use of the Services, the User permits and allows Plabro to periodically access the User’s Phone Book/Contact list, messages and location on the User’s mobile device, which shall be used to provide the Services to the User. In case of any breach of security or unauthorized use of the User’s mobile device, the
User shall forthwith inform Plabro of such unauthorized use. The User expressly agrees and acknowledges that Plabro shall not be liable for any loss accrued to the User by such unauthorized use but.
17. Contents Posted on Site:
a. does not remove any proprietary notice language in all copies of such documents,
b. uses such information only for his/her personal, or transactional informational purpose but does not copy or post such information on any networked computer or broadcast it in any media,
c. makes no modifications to any such information,
d. Does not make any additional representations or warranties relating to such documents.
18. Intellectual Property Rights:
The User warrants and undertakes that for all Content posted by such User either the User himself has the Intellectual Rights or has obtained the same from the respective Rights owner under a valid and sub transferrable license.
The User further agrees that Marks appearing in the Services are the properties either owned or used under license by Plabro and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Plabro/ its Associates. The access to the Services 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.
Plabro respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Plabro shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability and in accordance with its Intellectual Property Policy. In a case where a User is found to be using Plabro as a platform to infringe the Intellectual Property Rights of others, Plabro will be free to terminate this agreement forthwith without any notice to the User and will be eligible to terminate this agreement with respect to the said User.
19. Disclaimer of Warranties & Indemnity:
Plabro is an intermediary as defined under sub clause (w) of clause 1 of Section 2 of the Act and thus its liabilities are restricted to the maximum of as provided under the Act and the Rules. Plabro warrants that it has done all the due diligence required to be done by such Intermediary under the Act and the Rules.
The content of Plabro is provided "as is" and on an "as available" basis, without warranties or representations of any kind, either express or implied express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Plabro does not warrant that:
a. The Services will be constantly available, or available at all; or
b. The information on the Services is complete, true, accurate or non-misleading.
Plabro 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, title, 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 Plabro.
Views expressed by the users are their own; Plabro 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 Services is made, although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the Services, please report it to report abuse.
The Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Plabro does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, the Users dealing in such projects shall be doing so entirely at their risk and responsibility.
The Services are controlled and operated from India and Plabro makes no representation that the materials are appropriate or will be available for use in other parts of the World. If the User uses the Services from outside India, the User shall be entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
The User agrees and acknowledges that the User shall have no right to seek any claim, damages or indemnity from Plabro for any kind of loss suffered by the User out of the use of the Services. It is further agreed that the User shall have no indemnity or protection from any claim or demand, or actions including reasonable legal fees, made by any third party or penalty imposed due to or arising out of any alleged breach of these Terms & Conditions by Plabro or its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees.
20. Limitation of Liability:
Plabro will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Services, 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.
Plabro assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of the User’s data/information. Plabro 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 or to any other person's computer related to or resulting from participating or downloading materials/information from the Services.
Submissions and unauthorized use of any information(s)/materials contained on the Services 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. The User alone is responsible for his/her actions or the actions of any person using the User’s credentials on the Services.
The right to amend, vary or change these terms and conditions and the Privacy and Intellectual Property Policies at any time exclusively rests with Plabro. Any changes to these Terms and Conditions will be notified by posting on Plabro’s website. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation, acknowledgement and acceptance of the amended terms and
The failure of Plabro to exercise or enforce any right or provision of the Terms and Conditions or the Policies shall not constitute a waiver of its right to enforce such right or provision subsequently.
24. International Users
The use of the Services is intended for and directed to use by Users based in India only. IN case the User uses the Services from outside India, he/she shall be bound by these Terms & Conditions and the relevant Policies as framed from time to time by Plabro. Such a User further agrees that by using the Services, such User is transmitting his Data to India and the Laws of India will be applicable to such User.
25. Arbitration, Jurisdiction and applicable Law:
In case of any dispute arises between a User and Plabro arising out of use of the Services whether during the use of the Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Plabro. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Gurgaon. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
The Courts of Gurgaon shall have sole and exclusive jurisdiction for any matter in relation to these Terms & Conditions. The applicable law would be the Laws of India.
CANCELLATION AND REFUND POLICY
Various services available on Plabro are free and available to the User without any charges. However, Plabro has introduced certain Premium Services which work on a subscription model and there is a Subscription Fee charged for availing the same. This policy is an extension of Plabro’s Terms & Conditions, which govern the User’s interaction with the Services and deals with the cancellation of premium services and the refund of the charges paid. All the terms of the Terms & Conditions for the use of the Services shall be applicable with this Policy.
1. Definition and Interpretation:
a. Premium Services:
The term Premium Services shall mean the additional Services provided by Plabro to certain Users on the payment of certain fees for the same. These Services may be classified into time based membership and Solution based Services.
b. Subscription Fees:
The amount charged by Plabro to provide Premium Services to certain Users.
c. All other terms not defined here but defined in the Terms & Conditions shall have the same meaning as defined therein.
2. Cancellation of Premium Services:
a. Time based Membership:
At the inception of Time Based Membership the User shall opt for a particular Membership plan as available on Plabro. The User shall be entitled to cancel the Membership at any time by giving a notice of one month to Plabro for the future use of the Premium Services.
b. Solution based Services:
Various Premium Services are offered by Plabro focusing on providing specific need based solutions to the Users. The User shall while availing any Solution based Services shall choose the specific Service required and shall pay the Charges accordingly. The User shall not be entitled to any cancellation of Solution based Services once the order for the same has been placed.
3. Refund of Subscription Fees:
a. Time based Membership:
At the time of availing the Premium Services, the User shall opt for the period the User wishes to enroll for the same. The User may pay the Subscription Fees for any period as per the options available. The User shall be entitled to the Refund of the amount paid for the unused time after deducting the Charges for the Notice period.
b. Solution based Services:
As the Solution based Services are focused on specific needs of the User and cannot be cancelled, no refund is available for cancellation of the same.